55 



6 



1 "(5) The Administrator may suspend, revoke, revise, 



2 or condition, partially or entirely, any permit issued by him 



3 for the dumping of waste material if he finds that such dump- 



4 ing cannot or will not be carried out in conformity with the 



5 provisions of such permit. 



6 " (6) The Administrator may, considering the factors 



7 set forth in paragraph (1) of this subsection, designate 



8 recommended sites for the dumping of materials. 



9 "(c) The Secretary of the department in which the 



10 Coast Guard is operating shall conduct surveillance and 



11 other appropriate enforcement activities in order to prevent 



12 violations of this section. 



13 "(d) (1) Whoever violates any provision of this sec- 



14 tion, of any regulation promulgated under this section, or of 



15 any permit issued under this section, shall be liable to a 



16 civil penalty of not more than $50,000 for each violation, to 

 1''^ be assessed by the Administrator. No penalty shall be 



18 assessed until the person charged shall have been given 



19 notice and an opportunity for a public hearing on such 



20 charge. In determining the amount of the penalty, or the 



21 amount agreed upon in compromise, the gravity of the 



22 violation and the demonstrated good faith of the person 



23 charged in attempting to achieve rapid compliance after 



24 notification of a violation shall l)e considered by the Admin- 



25 istrator. Thereafter, upon failure of the offending party to 



