Page:United States Statutes at Large Volume 91.djvu/738

 91 STAT. 704

PUBLIC LAW 95-95—AUG. 7, 1977 ENFORCEMENT PROVISIONS

Administrative order. 42 USC 7413.

Post, p. 745. Ante, p. 694. Post, p. 746.

Infra.

Post, p. 714. Penalty.

Costs.

Post, pp. 709, 712. Post, p. 782.

SEC. 111. (a) Section 113(a) of the Clean Air Act is amended by inserting the following new paragraph at the end thereof: "(5) Whenever, on the basis of information available to him, the Administrator finds that a State is not acting in compliance with any requirement of the regulation referred to in section 129(a)(1) of the Clean Air Act Amendments of 1977 (relating to certain interpretative regulations) or any plan provisions required under section 110 (a)(2)(I) and part D, he may issue an order prohibiting the construction or modification of any major stationary source in any area to which such provisions apply or he may bring a civil action under subsection (b)(5).". (b)(1) So much of section 113(b) of such Act as precedes paragraph (1) thereof is amended to read as follows: "(b) The Administrator shall, in the case of any person which is the owner or operator of a major stationary source, and may, in the case of any other person, commence a civil action for a permanent or temporary injunction, or to assess and recover a civil penalty of not more than $25,000 per day of violation, or both, whenever such person—". (2) Section 113(b) of such Act is amended by inserting the following after the first sentence thereof: "The Administrator may commence a civil action for recovery of any noncompliance penalty under section 120 or for recovery of any nonpayment penalty-for which any person is liable under section 120 or for both.". (b) Section 113(b) of such Act is amended by striking out the penultimate sentence thereof and substituting: "Any action under this subsection may be brought in the district court of the United States for the district in which the violation occurred or in which the defendant resides or has his principal place of business, and such court shall have jurisdiction to restrain such violation, to require compliance, to assess such civil penalty and to collect any noncompliance penalty (and nonpayment penalty) owed under section 120. In determining the amount of any civil penalty to be assessed under this subsection, the court shall take into consideration (in addition to other factors) the size of the business, the economic impact of the penalty on the business, and the seriousness of the violation.". (3) Section 113(b) of such Act is amended by adding the following at the end thereof: "In the case of any action brought by the Administrator under this subsection, the court may award costs of litigation (including reasonable attorney and expert witness fees) to the party or parties against whom such action was brought in any case where the court finds that such action was unreasonable.". (c)(1) Section 113(b)(3) of such Act is amended by striking out "or section 119(g)" and inserting in lieu thereof "section 119(g) (as in effect before the date of the enactment of the Clean Air Act Amendments of 1977), subsection (d)(5) (relating to coal conversion) section 320 (relating to cost of certain vapor recovery), section 119 (relating to smelter orders) or any regulation under part B (relating to ozone)". (2) Section 113(b)(4) of such Act is amended by inserting "or subsection (d) of this section" after "114". (3) Section 113(b) of such Act is amended by striking out "or" at the end of paragraph (3), striking out the period at the end of paragraph (4) and substituting "; or", and inserting the following new paragraph at the end thereof:

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