Page:United States Statutes at Large Volume 104 Part 1.djvu/570

 104 STAT. 536 PUBLIC LAW 101-380 —AUG. 18, 1990 Haza rdous m aterials. penalties for the same violation unless the Administrator's or Secretary's assessment of the penalty constitutes an abuse of discretion. "(H) COLLECTION. —If any person fails to pay an assessment of a civil penalty— "(i) after the assessment has become final, or "(ii) after a court in an action brought under subpar^raph (G) has entered a final judgment in favor of the Administrator or Secretary, as the case may be, the Administrator or Secretary shall request the Attorney General to bring a civil action in an appropriate district court to recover the amount assessed (plus interest at currently prevailing rates from the date of the final order or the date of the final judgment, as the case may be). In such an action, the validity, amount, and appropriateness of such penalty shall not be subject to review. Any person who fails to pay on a timely basis the amount of an assessment of a civil penalty as described in the first sentence of this subparagraph shall be required to pay, in addition to such amount and interest, attorneys fees and costs for collection proceedings and a quarterly nonpayment penalty for each quarter during which such failure to pay persists. Such nonpayment penalty shall be in an amount equal to 20 percent of the aggregate amount of such person's penalties and nonpayment penalties which are unpaid as of the beginning of such quarter. (I) SUBPOENAS.—The Administrator or Secretary, as the case may be, may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, or documents in connection with hearings under this paragraph. In case of contumacy or refusal to obey a subpoena issued pursuant to this subparagraph and served upon any person, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the administrative law judge or to appear and produce documents before the administrative law judge, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. ' (7) CIVIL PENALTY ACTION.— "(A) DISCHARGE, GENERALLY. — Any person who is the owner, operator, or person in charge of any vessel, onshore facility, or offshore facility from which oil or a hazardous substance is discharged in violation of paragraph (3), shall be subject to a civil penalty in an amount up to $25,000 per day of violation or an amount up to $1,000 per barrel of oil or unit of reportable quantity of hazardous substances discharged. "(B) FAILURE TO REMOVE OR COMPLY. —Any person described in subparagraph (A) who, without sufficient cause— "(i) fails to properly carry out removal of the discharge under an order of the President pursuant to subsection (c); or "(ii) fails to comply with an order pursuant to subsection (e)(l)(B);

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