Page:United States Statutes at Large Volume 92 Part 3.djvu/701

 PUBLIC LAW 95-620—NOV. 9, 1978

92 STAT. 3333

Subtitle C—Enforcement SEC. 721. NOTICE OF VIOLATION; OTHER GENERAL PROVISIONS. (a) NOTICE OF VIOLATION.—(1) Whenever, on the basis of any infor- 42 USC 8431. mation available, the Secretary finds that any person is in violation of any provision of this Act, or any rule or order thereunder, the Secretary shall issue notice of such violation. Any notice issued under this subsection shall be in writing and shall state with reasonable specificity the nature of the violation. (2) Paragraph (1) shall not be construed to relieve any person of liability under the other provisions of this Act for any act or omission occurring before the issuance of notice. (b) INDIVIDUAL LIABILITY OF CORPORATE P E R S O N N E L. — Any individ-

ual director, officer, or agent of a corporation who willfully authorizes, orders, or performs any of the acts or practices constituting in whole or in part a violation of this Act, or any rule or order thereunder, shall be subject to penalties under this section without regard to any penalties to which the corporation may be subject, except that no such individual director, officer, or agent shall be subject to imprisonment under section 722, unless he also knew of noncompliance by the corporation or h a d received from the Secretary notice of noncompliance by the corporation. (c) LIABILITY FOR CERTAIN PEAKLOAD OPERATION.—No person shall

be subject to any penalty under this subtitle with respect to the operation of any powerplant in excess of that allowed by an exemption granted on the basis of the operation of such powerplant as a peakload powerplant if it is demonstrated to the Secretary that such operation was necessary to meet peakload demand and that other peakload powerplants v;ithin the same system as such powerplant— (1) were unavailable for service— (A) due to unit or system outages; or (B) because operation of such other powerplants would result in their exceeding the hours of operation allowed under an exemption; and (2) have not been operated other than to meet peakload demand.

ae.;^,., A

(d) FEDERAL A G E N C I E S. — The provisions of sections 722 and 723

shall not be construed to apply to any Federal agency or officer or employee thereof acting in his official capacity. SEC. 722. CRIMINAL PENALTIES. Any person who willfully violates any provision of this Act (other 42 USC 8432. than section 402), or any rule or order thereunder, shall be subject to a fine of not more than $50,000, or to imprisonment for not more than one year, or both, for each violation. SEC. 723. CIVIL PENALTIES. (a) GENERAL C IV I L P E N A L T Y. — Any person who violates any provi-

42 USC 8433.

sion of this Act (other than section 402), or rule or order thereunder, shall be subject to a civil penalty, which shall be assessed by the Secretary, of not more than $25,000 for each violation. Each day of violation shall constitute a separate violation. (b) C IV I L P E N A L T I E S FOR OPERATION OR U S E OF F U E L S I N EXCESS OF

E X E M P T I O N. — (1) I n the case of any electric powerplant granted a n • exemption, any person who operates such powerplant during any 12-calendar-month period in excess of that authorized in such exemption, shall be liable for a civil penalty, which shall be assessed by the Secretary. The amount of such civil penalty may not exceed $10 p e r

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