Page:United States Statutes at Large Volume 91.djvu/1640

 91 STAT. 1606

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Penalties.

"Person."

33 USC 1362.

"mi r

33 USC 1318. Enforcement. Ante, p. 1592.

PUBLIC LAW 95-217—DEC. 27, 1977

graph may be brought in the district court of the United States for the district in which the defendant is located or resides or is doing business, and such court shall have jurisdiction to restrain such violation and to require compliance. Notice of the commencement of such acton shall be given immediately to the appropriate State. "(4)(A) Any person who willfully or negligently violates any condition or limitation in a permit issued by the Secretary under this section shall be punished by a fine of not less than $2,500 nor more than $25,000 per day of violation, or by imprisonment for not more than one year, or by both. If the conviction is for a violation committed after a first conviction of such person under this paragraph, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment for not more than two years, or by both. "(B) For the purposes of this paragraph, the term 'person' shall mean, in addition to the definition contained in section 502(5) of this Act, any responsible corporate officer. "(5) Any person who violates any condition or limitation in a permit issued by the Secretary under this section, and any person who violates any order issued by the Secretary under paragraph (1) of this subsection, shall be subject to a civil penalty not to exceed $10,000 per day of such violation. "(t) Nothing in this section shall preclude or deny the right of any State or interstate agency to control the discharge of dredged or fill material in any portion of the navigable waters within the jurisdiction of such State, including any activity of any Federal agency, and each such agency shall comply with such State or interstate requirements both substantive and procedural to control the discharge of dredged or fill material to the same extent that any person is subject to such requirements. This section shall not be construed as affecting or impairing the authority of the Secretary to maintain navigation.". (c)(1) Section 308(a)(4) of the Federal Water Pollution Control Act is amended by inserting "404 (relating to State permit programs)," immediately before "and 504". (2) Section 309 of the Federal Water Pollution Control Act is amended— (A) in subsection (a)(1) thereof, by striking out "section 402" and inserting in lieu thereof "section 402 or 404"; (B) in subsection (a)(3) thereof, by inserting "or in a permit issued under section 404 of this Act by a State" immediately after "State"; (C) in the first sentence of subsection (c)(1) thereof, by inserting "or in a permit issued under section 404 of this Act by a State" immediately after "State"; and (D) in subsection (d) thereof, by inserting "or in a permit issued under section 404 of this Act by a State," immediately after "State,". SLUDGE DISPOSAL

SEC. 68. (a) Section 405(a) of the Federal Water Pollution Control 33 USC 1345. Act is amended by striking out "under this section" and inserting in lieu thereof "under section 402 of this Act". (b) Section 405(b) of the Federal Water Pollution Control Act is -s'r' !ahv H amended by striking out the period at the end of the first sentence and •• u inserting in lieu thereof "and section 402 of this Act.".

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