Page:United States Statutes at Large Volume 98 Part 3.djvu/914

 98 STAT. 3286

Crimes and misdemeanors.

PUBLIC LAW 98-616—NOV. 8, 1984 any, which the Administrator determines is reasonable taking into account the seriousness of the violation and any good faith efforts to comply with the applicable requirements. "(d) CIVIL PENALTIES.—(1) Any owner who knowingly fails to notify or submits false information pursuant to section 9002(a) shall be subject to a civil penalty not to exceed $10,000 for each tank for which notification is not given or false information is submitted. "(2) Any owner or operator of an underground storage tank who fails to comply with— "(A) any requirement or standard promulgated by the Administrator under section 9003; "(B) any requirement or standard of a State program approved pursuant to section 9004; or "(C) the provisions of section 9003(g) (entitled 'Interim Prohibition') shall be subject to a civil penalty not to exceed $10,000 for each tank for each day of violation. "FEDERAL FACILITIES

42 USC 699if.

President of U.S.

Report.

"SEC. 9007. (a) APPLICATION OF SUBTITLE.—Each department, agency, and instrumentality of the executive, legislative, and judicial branches of the Federal Government having jurisdiction over any underground storage tank shall be subject to and comply with all Federal, State, interstate, and local requirements, applicable to such tank, both substantive and procedural, in the same manner, and to the same extent, as any other person is subject to such requirements, including payment of reasonable service charges. Neither the United States, nor any agent, employee, or officer thereof, shall be immune or exempt from any process or sanction of any State or Federal court with respect to the enforcement of any such injunctive relief. "(b) PRESIDENTIAL EXEMPTION.—The President may exempt any underground storage tanks of any department, agency, or instrumentality in the executive branch from compliance with such a requirement if he determines it to be in the paramount interest of the United States to do so. No such exemption shall be granted due to lack of appropriation unless the President shall have specifically requested such appropriation as a part of the budgetary process and the Congress shall have failed to make available such requested appropriations. Any exemption shall be for a period not in excess of one year, but additional exemptions may be granted for periods not to exceed one year upon the President's making a new determination. The President shall report each January to the Congress all exemptions from the requirements of this section granted during the preceding calendar year, together with his reason for granting each such exemption. " S T A T E AUTHORITY

42 USC 699ig.

"SEC. 9008. Nothing in this subtitle shall preclude or deny any right of any State or political subdivision thereof to adopt or enforce any regulation, requirement or standard of performance respecting underground storg^e tanks that is more stringent than a regulation, requirement, or standard of performance in effect under this subtitle.

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