Page:United States Statutes at Large Volume 104 Part 1.djvu/575

 PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 541 trator or Secretary, upon presentation of appropriate credentials, may— "(i) enter and inspect any facility to which this section applies, including any facility at which any records are required to be maintained under subparagraph (A); and "(ii) at reasonable times, have access to and copy any records, take samples, and inspect any monitoring equipment or methods required under subparagraph (A). "(C) ARRESTS AND EXECUTION OF WARRANTS.— Anyone authorized by the Administrator or the Secretary of the department in which the Coast Guard is operating to enforce the provisions of this section with respect to any facility may— "(i) with or without a warrant, arrest any person who violates the provisions of this section or any regulation issued thereunder in the presence or view of the person so authorized; and "(ii) execute any warrant or process issued by an officer or court of competent jurisdiction. "(D) PUBLIC ACCESS. —Any records, reports, or information obtained under this paragraph shall be subject to the same public access and disclosure requirements which are applicable to records, reports, and information obtained pursuant to section 308.". SEC. 4306. CIVIL ENFORCEMENT UNDER FEDERAL WATER POLLUTION CONTROL ACT. Section 311(e) of the Federal Water Pollution Control Act (33 U.S.C. 1321) is amended to read as follows: "(e) CIVIL ENFORCEMENT.— State and local "(1) ORDERS PROTECTING PUBLIC HEALTH. — In addition to any governments. action taken by a State or local government, when the President determines that there may be an imminent and substantial threat to the public health or welfare of the United States, including fish, shellfish, and wildlife, public and private property, shorelines, beaches, habitat, and other living and nonliving natural resources under the jurisdiction or control of the United States, because of an actual or threatened discharge of oil or a hazardous substance from a vessel or facility in violation of subsection (b), the President may— "(A) require the Attorney General to secure any relief from any person, including the owner or operator of the vessel or facility, as may be necessary to abate such endangerment; or "(B) after notice to the affected State, take any other action under this section, including issuing administrative orders, that may be necessary to protect the public health and welfare. "(2) JURISDICTION OF DISTRICT COURTS. —The district courts of the United States shall have jurisdiction to grgint any relief under this subsection that the public interest and the equities of the case may require.".

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