Page:United States Statutes at Large Volume 101 Part 1.djvu/78

 101 STAT. 48

PUBLIC LAW 100-4—FEB. 4, 1987 tjiiic a i: J "(ii) with respect to which a State has commenced and is diligently prosecuting an action under a State law comparable to this subsection, or "(iii) for which the Administrator, the Secretary, or the State has issued a final order not subject to further judicial review and the violator has paid a penalty assessed under this subsection, or such comparable State law, as the case may be, shall not be the subject of a civil penalty action under ^y subsection (d) of this section or section 311(b) or section 505 of this Act.

State and local governments.

33 USC 1321, 1365.

"(B) APPLICABILITY OF LIMITATION WITH RESPECT TO CITI-

"

mi

'

ZEN SUITS.—The limitations contained in subparagraph (A) on civil penalty actions under section 505 of this Act shall not apply with respect to any violation for which— "(i) a civil action under section 505(a)(1) of this Act has been filed prior to commencement of an action under this subsection, or "(ii) notice of an alleged violation of section 505(a)(1) of this Act has been given in accordance with section 505(b)(1)(A) prior to commencement of an action under this subsection and an action under section 505(a)(l) with respect to such alleged violation is filed before the 120th day after the date on which such notice is given. "(7) EFFECT OF ACTION ON COMPLIANCE.—No action by

33 USC 1342, 1344.

Records.

the

Administrator or the Secretary under this subsection shall affect any person's obligation to comply with any section of this Act or with the terms and conditions of any permit issued pursuant to section 402 or 404 of this Act. "(8) JUDICIAL REVIEW.—Any person against whom a civil penalty is assessed under this subsection or who commented on the proposed assessment of such penalty in accordance with paragraph (4) may obtain review of such assessment— "(A) in the case of assessment of a class I civil penalty, in the United States District Court for the District of Columbia or in the district in which the violation is alleged to have occurred, or "(B) in the case of assessment of a class II civil penalty, in United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which such person resides or transacts business, by filing a notice of appeal in such court within the 30-day period beginning on the date the civil penalty order is issued and by simultaneously sending a copy of such notice by certified mail to the Administrator or the Secretary, as the case may be, and the Attorney General. The Administrator or the Secretary shall promptly file in such court a certified copy of the record on which the order was issued. Such court shall not set aside or remand such order unless there is not substantial evidence in the record, taken as a whole, to support the finding of a violation or unless the Administrator's or Secretary's assessment of the penalty constitutes an abuse of discretion and shall not impose additional civil penalties for the same violation unless the Administrator's or Secretary's assessment of the penalty constitutes an abuse of discretion. "(9) COLLECTION.—If any person fails to pay an assessment of a civil penalty—

�