Page:United States Statutes at Large Volume 101 Part 1.djvu/75

 PUBLIC LAW 100-4—FEB. 4, 1987 stance designated pursuant to section 311(b)(2)(A) of this Act, (B) any element, compound, mixture, solution, or substance designated pursuant to section 102 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, (C) any hazardous waste having the characteristics identified under or listed pursuant to section 3001 of the Solid Waste Disposal Act (but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by Act of Congress), (D) any toxic pollutant listed under section 307(a) of this Act, and (E) any imminently hazardous chemical substance or mixture with respect to which the Administrator has taken action pursuant to section 7 of the Toxic Substances Control Act.".

101 STAT. 45 33 USC 1321. 42 USC 9602. 42 USC 6921. 33 USC 1317. 15 USC 2606.

SEC. 313. CIVIL PENALTIES. (a) VIOLATIONS OF PRETREATMENT REQUIREMENTS.— (1) GENERAL RULE.—Section 309(d) is amended by inserting

", or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of this Act," after "section 404 of this Act by a State,". (2) SAVINGS PROVISION.—No State shall be required before July 1, 1988, to modify a permit program approved or submitted under section 402 of the Federal Water Pollution Control Act as a result of the amendment made by paragraph (1).

33 USC 1319. 33 USC 1342. 33 USC 1344. State and local governments. 33 USC 1319 note.

(b) INCREASED PENALTY.— (1) GENERAL RULE.—Section 309(d) is amended by striking out

"$10,000 per day of such violation" and inserting in lieu thereof "$25,000 per day for each violation". (2) INCREASED PENALTIES NOT REQUIRED UNDER STATE PRO-

'

GRAMS.—The Federal Water Pollution Control Act shall not be construed as requiring a State to have a civil penalty for violations described in section 309(d) of such Act which has the same monetary amount as the civil penalty established by such section, as amended by paragraph (1). Nothing in this paragraph shall affect the Administrator's authority to establish or adjust by regulation a minimum acceptable State civil penalty. (c) FACTORS TO CONSIDER IN DETERMINING PENALTY AMOUNT.—

33 USC 1319 note. 33 USC 1251 note.

Courts, U.S.

Section 309(d) is amended by adding at the end thereof the following: "In determining the amount of a civil penalty the court shall consider the seriousness of the violation or violations, the economic benefit (if any) resulting from the violation, any history of such violations, any good-faith efforts to comply with the applicable requirements, the economic impact of the penalty on the violator, and such other matters as justice may require. For purposes of this subsection, a single operational upset which leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation.". (d) VIOLATIONS OF SECTION 404 PERMITS.—Section 404(s) is 33 USC 1344. amended— (1) by striking out paragraph (4); ^ (2) by redesignating paragraph (5) as paragraph (4); and (3) in paragraph (4), as so redesignated— ^ (A) by striking out "$10,000 per day of such violation" and inserting in lieu thereof "$25,000 per day for each violation"; ',,,.if (B) by adding at the end thereof the following: "In deter- Courts, U.S. mining the amount of a civil penalty the court shall con-

�