Page:United States Statutes at Large Volume 92 Part 1.djvu/713

 PUBLIC LAW 95-372—SEPT. 18, 1978

93 STAT. 659

" (d) Except as to causes of action which the court considers of greater importance, any action under this section shall take precedence on the docket over all other causes of action and shall be set for hearing at the earliest practical date and expedited in every way. " SEC. 24. REMEDIES AND P E N A L T I E S. — (a)

A t the request of the

43 USC 1350.

Secretary, the Secretary of the Army, or the Secretary of the Department i n which the Coast G u a r d is operating, the Attorney General or a United States attorney shall institute a civil action in the district court of the United States for the district in which the affected operation is located for a temporary restraining order, injunction, or other appropriate remedy to enforce any provision of this Act, any regulrtion or order issued under this Act, or any term of a lease, licenpo, or permit issued pursuant to this Act. " (b) I f any person fails to comply with any provision of this Act, ,«-!% or any term of a lease, license, or permit issued pursuant to this Act, - '^^-^ '"' or any regulation or order issued under this Act, after notice of such failure and expiration of any reasonable period allowed for cori'ective action, such person shall be liable for a civil j^enalty of not more than $10,000 for each day of the continuance of such failure. The Secretary may assess, collect, and compromise any such penalty. No penalty shall Hearing, be assessed until the person charged with a violation has been given an opportunity for a hearing. " (c) Any person who knowingly and willfully (1) violates any provision of this Act, any term of a lease, license, or permit issued pursuant to this Act, or any regulation or order issued under the authority of this Act designed to protect health, safety, or the environment o r conserve natural resources, (2) makes any false statement, representation, or certification in any application, record, report, or other document filed or required to be maintained under t h i s Act, (3) falsifies, tampers with, or renders inaccurate any monitoring device or method of record required to be maintained under this Act, or (4) reveals any data or information required to be kept confidential by this Act shall, upon conviction, be punished by a fine of not more than $100,000, or by imprisonment for not more than ten years, or both. E a c h day that a violation under clause (1) of this subsection continues, or each day that any monitoring device or d a t a recorder remains inoperative or inaccurate because of any activity described in clause (3) of this subsection, shall constitute a separate violation. " (d) Whenever a corporation or other entity is subject to prosecution under subsection (c) of this section, any officer or agent of such corporation or entity who knowingly and willfully authorized, ordered, or carried out the proscribed activity shall be subject to the same fines or imprisonment, or both, as provided for under subsection (c) of this section. " (e) The remedies and penalties prescribed in this Act shall be concurrent and cumulative and the exercise of one shall not preclude the exercise of the others. F u r the r, the remedies and penalties prescribed in this Act shall be in addition to any other remedies and penalties afforded by any other law or regulation. " SEC. 25. O I L AND G A S DEVELOPMENT AND P R O D U C T I O N. — (a)(1)

P r i o r to development and production pursuant to an oil and gas lease issued after the date of enactment of this section in any area of the outer Continental Shelf, other than the Gulf of Mexico, or issued o r maintained prior to such date of enactment in any area of the outer Continental Shelf, other than the Gulf of Mexico, with respect to which no

Plan, submittal to

Secretary, 43 USC 1351.

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