Page:United States Statutes at Large Volume 100 Part 5.djvu/824

 100 STAT. 4298

PUBLIC LAW 99-663—NOV. 17, 1986 (2) APPEAL TO THE COMMISSION.—Any person or entity ad-

versely affected by any final action or order of a county relating to the implementation of this Act may appeal such action or order to the Commission by filing with the Commission within thirty days of such action or order, a written petition requesting that such action or order be modified, terminated, or set aside. (3) CIVIL PENALTIES.—Any person or entity who willfully vio-

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lates the management plan or any land use ordinance or any implementation measure or any order issued by the Commission pursuant to this Act may be assessed a civil penalty by the Commission not to exceed $10,000 for each violation. No penalty may be assessed under this subsection unless such person or entity is given notice and opportunity for a public hearing with respect to such violation. The Commission may compromise, modify, or remit, with or without conditions, any penalty imposed under this subsection, taking into consideration the nature and seriousness of the violation and the efforts of the violator to remedy the violation in a timely manner. 0?) JUDICIAL REMEDIES.— (1) CIVIL ACTIONS TO ENFORCE ACT.—(A)

Except as otherwise limited by this Act, the Attorney General of the United States may, at the request of the Secretary, institute a civil action for J an injunction or other appropriate order to prevent any person or entity from utilizing lands within the special management areas in violation of the provisions of this Act, interim guideline adopted or other action taken by the Secretary pursuant to this Act. (B) The Commission, or, at the request of the Commission, or the attorney general of Oregon or Washington, may institute a civil action for an injunction or other appropriate order to prevent any person or entity from utilizing lands within the scenic area outside urban areas in violation of the provisions of this Act, the management plan, or any land use ordinance or „ interim guideline adopted or other action taken by the Commission or any county pursuant to this Act. (2) CITIZENS SUITS.—Any person or entity adversely affected may commence a civil action to compel compliance with this Act— ^ (A) against the Secretary, the Commission or any county I, where there is alleged a violation of the provisions of this Z Act, the management plan or any land use ordinance or ,j interim guideline adopted or other action taken by the ,: Secretary, the Commission, or any county pursuant to or Commission under this Act; or f. (B) against the Secretary, the Commission, or any county where there is alleged a failure of the Secretary, the 3 Commission or any county to perform any act or duty under 3. this Act which is not discretionary with the Secretary, the Cf Commission or any county. (3) LIMITATION ON BRINGING OF CITIZENS SUITS.—No action may be commenced— ' (A) under paragraph (2)(A) of this subsection— (i) prior to sixty days after the plaintiff has given tvK,-, >'1 notice in writing of the alleged violation to the Sec•.-'h retary, to the Commission, and to the county in which •. the violation is alleged to have occurred; or

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