Page:United States Statutes at Large Volume 102 Part 5.djvu/151

 PUBLIC LAW 100-688—NOV. 18, 1988

102 STAT. 4157

and clean up any deposit of municipal or commercial waste into coastal waters, including record keeping requirements; and (3) if the Administrator determines that tracking systems are required to assure adequate enforcement of laws preventing the deposit of municipal or commercial waste into coastal waters, requiring installation of the appropriate systems within 18 months after the Administrator makes that determination. SEC. 4104. SUSPENSION. REVOCATION, AND INJUNCTIONS.

33 USC 2604.

(a) SUSPENSION AND REVOCATION.—After notice and opportunity

for a hearing, the Secretary of Transportation may, and a t the request of the Administrator shall, suspend or revoke a permit issued to a vessel under this title for a violation of this title or a r ^ u l a t i o n prescribed under this title. (b) INJUNCTIONS.—The Secretary or the Administrator may bring a civil action to enjoin any operation in violation of this title or a r ^ u l a t i o n prescribed under this title in the district court of the United States for the district in which the violation occurred. SEC. 4105. ENFORCEMENT.

33 USC 2605.

(a) GENERAL AUTHORFTY.—The Secretary of Transportation shall enforce this title under section 89 of title 14, United States Code. The Secretary may authorize other officers or employees of the United States Government to enforce this title under that section. (b) PERIODIC EXAMINATIONS.—The Secretary shall conduct periodic examinations of vessels operating under this title transporting municipal or commercial waste to determine that each of these vessels has a permit issued under section 4102 of this Act. (c) REFUSAL OF CLEARANCE.—The Secretary of the Treasury may

refuse the clearance required by section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91), to any vessel subject to this title which does not have a permit required under section 4102 of this Act. (d) DENIAL OF ENTRY AND DETENTION.—If a vessel does not comply with this title, the Secretary of Transportation may— (1) deny entry to any place in the United States; and (2) detain a t the place in the United States from which it is about to depart. (e) PERSISTENT VIOLATORS.—The Administrator shall conduct an investigation of the owner or operator of a vessel or facility if the owner has 5 or more separate violations during a 6-month period. SEC. 4106. S U B P E N A AUTHORITY.

33 USC 2606.

(a) GENERAL AUTHORITY.—In an investigation under this title, the attendance and testimony of witnesses, including parties in interest, and the production of any evidence may be compelled by subpena. The subpena authority granted by this section is coextensive with that of a district court of the United States, in civil matters, for the district in which the investigation is conducted. Qo) SUBPENA AUTHORITY.—An official designated by the Secretary of Transportation or Administrator to conduct an investigation under this part may issue subpenas as provided in this section and administer oaths to witnesses. (c) FAILURE TO COMPLY.—When a person fails to obey a subpena Courts, U.S. issued under this section, the district court of the United States for the district in which the investigation is conducted or in which the person failing to obey is found, shall on proper application issue an

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