Page:United States Statutes at Large Volume 102 Part 5.djvu/141

 PUBLIC LAW 100-688—NOV. 18, 1988

102 STAT. 4147

ant to subsection (b)(2)(B) or (d)(2)(B) which are used by an agency in accordance with paragraph (1) shall be deposited into the Treasury as offsetting collections of the agency. "(g) ENFORCEMENT,—

"(1) IN GENERAL.—Whenever, on the basis of any information available, the Administrator finds that a person is dumping or transporting sewage sludge or industrial waste in violation of subsection (a)(D, the Administrator shall issue an order requiring such person to terminate such dumping or transporting (as applicable) until such person— "(A) enters into a compliance agreement or an enforcement agreement under subsection (c); and "(B) obtains a permit under section 102 which authorizes such dumping or transporting. "(2) REQUIREMENTS OF ORDER.—Any order issued by the Administrator under this subsection— "(A) shall be delivered by personal service to the person named in the order; "(B) shall state with reasonable specificity the nature of the violation for which the order is issued; and "(C) shall require that the person named in the order, as a condition of dumping into ocean waters, or transporting for the purpose of dumping into ocean waters, sewage sludge or industrial waste— "(i) shall enter into a compliance agreement or an Contracts. enforcement agreement under subsection (c); and "(ii) shall obtain a permit under section 102 which authorizes such dumping or transporting. "(3) ACTIONS.—The Administrator may request the Attorney Courts, U.S. General to commence a civil action for appropriate relief, including a temporary or permanent injunction and the imposition of civil penalties authorized by subsection (d)(D, for any violation of subsection (a)(1) or of an order issued by the Administrator under this section. Such an action may be brought in the district court of the United States for the district in which the defendant is located, resides, or is doing business, and such court shall have jurisdiction to restrain such violation and require compliance with subMsection (a)(l) and any such order. "(h) STATE PROGRESS REPORTS.—

(1) IN GENERAL.—The Governor of each State that is a party to a compliance agreement or an enforcement agreement under subsection (c) shall submit to the Administrator on September 30 of 1989 and of every year thereafter until the Administrator determines that ocean dumping of sewage sludge and industrial waste by persons located in that State has terminated, a report which describes— "(A) the efforts of each person located in the State to comply with a compliance agreement or enforcement agreement entered into by the person pursuant to subsection (c), including the extent to which such person has complied with deadlines established by the schedule included in such agreement; "(B) activity of the State regarding permits for the construction and operation of each alternative system; and "(C) an accounting of amounts paid into and withdrawn from a Clean Oceans Fund established by the State.

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