Page:United States Statutes at Large Volume 102 Part 1.djvu/646

 102 STAT. 608 Safety.

Safety. 33 USC 2407.

PUBLIC LAW 100-333—JUNE 16, 1988 (1) the effectiveness of existing laws and rules concerning organotin compounds in ensuring protection of human health and the environment; (2) compliance with water quality criteria established pursuant to section 9 of this Act and any applicable water quality standards; and (3) recommendations for additional measures to protect human health and the environment.

SEC. 8. ALTERNATIVE ANTIFOULANT RESEARCH.

(a) RESEARCH.—The Secretary and the Administrator shall conduct research into chemical and nonchemical alternatives to antifouling paints containing organotin. (b) REPORT.—At the end of the 4-year period beginning on the date of the enactment of this Act, the Administrator, in consultation with the Secretary, shall submit a report to the Speaker of the House of Representatives and to the President pro tempore of the Senate detailing the results of the research conducted pursuant to subsection (a). 33 USC 2408.

SEC. 9. WATER QUALITY CRITERIA DOCUMENT.

Not later than March 30, 1989, the Administrator shall issue a final water quality criteria document concerning organotin compounds pursuant to section 304(a) of the Federal Water Pollution Control Act (33 U.S.C. 1314(a)). 33 USC 2409.

SEC. 10. PENALTIES. (a) CIVIL PENALTIES.—(1) Any person violating section 4 or 5 shall

b6 assessed a civil penalty of not more than $5,000 for each offense. (2) After notice and an opportunity for a hearing, a person found by the Administrator to have violated section 4 or 5 is liable to the United States Government for the civil penalty assessed under subsection (a). The amount of the civil penalty shall be assessed by the Administrator by written notice. In determining the amount of the penalty, the Administrator shall consider the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other matters that justice requires. (3) The Administrator may compromise, modify, or remit, with or without consideration, a civil penalty assessed under this section until the assessment is referred to the Attorney General. (4) If a person fails to pay an assessment of a civil penalty after it has become final, the Administrator may refer the matter to the Attorney General for collection in the appropriate United States district court. (b) CRIMINAL PENALTIES.—Any person knowingly violating section 4 or 6 shall be fined not more than $25,000, or imprisoned for not more than one year, or both. 33 USC 2410.

SEC. 11. OTHER AUTHORITIES; STATE LAWS. (a) OTHER AUTHORITIES OF THE ADMINISTRATOR.—Nothing in this

Act shall limit or prevent the Administrator from establishing a lower permissible release rate for organotin under authorities other than this Act. (b) STATE LAWS.—Nothing in this Act shall preclude or deny any State or political subdivision thereof the right to adopt or enforce

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