23 



report. After a conference has been held with respect 

 to any such pollution the Administrator shall require 

 such reports from the person whose activities result 

 In such pollution only to the extent recommended 

 by such conference. Such report shall be made under 

 oath or otherwise, as the Administrator may pre- 

 scribe, and shall be filed with the Administrator 

 within such reasonable period as the Administrator 

 may prescribe, unless additional time be granted by 

 the Administrator. No person shall be required In 

 such report to divulge trade secrets or secret proc- 

 esses and all information reported shall be con- 

 sidered confidential for the purposes section 1905 • 

 of Title 18. 



(2) If any person required to file any report under 

 this subsection shall fail to do so within the time 

 fixed by the Administrator for filing the same, and 

 such failure shall continue for thirty days after no- 

 tice of such default, such person shall forfeit to the 

 United States the sum of $100 for each and every 

 day of the continuance of such failure, which for- 

 feiture shall be payable Into the Treasury of the 

 United States, and shall be recoverable in a civil 

 suit In the name of the United States brought In the 

 district where such person has his principal office 

 or In any district in which he does business; Pro- 

 vided, That the Administrator may upon application 

 therefor remit or mitigate any forfeiture provided for 

 under this subsection and he shall have authority to 

 determine the facts upon all such applications. 



(3) It shall be the duty of the various United 

 States attorneys, under the direction of the Attorney 

 General of the United States, to prosecute for the 

 recovery of such forfeitures. 



(k) Compliance with any requirement of an applicable 

 implementation plan or prescribed standard. 



No order or Judgment imder this section, or settle- 

 ment, compromise, or agreement respecting any 

 action under this section (whether or not entered 

 or made before December 31, 1970) shall relieve any 

 person of any obligation to comply with any require- 

 ment of an applicable Implementation plan, or with 

 any standard prescribed under section 1857c-6 or 

 section 1857C-7 of this tlUe. (July 14, 1955, ch. 360, 

 title I, § 115, formerly 8 5, as added Dec. 17, 1963, 

 Pub. L. 88-206, § 1, 77 Stat. 396, renumbered S 105, 

 and amended Oct. 20, 1965, Pub. L. 89-272, title I, 

 §5 101(2), (3), 102, 79 Stat. 992, 995, renumbered 

 J 108 and amended Nov. 21, 1967, Pub. L. 90-148, 5 2, 

 81 Stat. 491, renumbered 9 115 and amended Dec. 31, 

 1970, Pub. L. 91-604, J§ 4(a), (b) (2)-(10), 15(c) (2), 

 84 Stat. 1678, 1688, 1689, 1713.) 



Amendments 



1970— Siibsec. (a). Pub. L. 91-604, §4(b) (2), added "axid 

 which Is covered by subsection (b) or (c) of this section" 

 following "persons". 



Subsec. (b). Pub, L. 91-604, 5§4(b) (3), (4), (5), 

 15(c)(2). redesignated former subsec. (d)(1) (A). (B), 

 and (C) as (b) (1) . (2) . and (3) , and. as so redesignated. 

 substituted "Administrator" for "Secretary" wherever 

 appearing therein, and added subsec. (b)(4). Former 

 subsec. (b). which related to the encouragement of 

 municipal. State, and Interstate action to abate air pollu- 

 tion, was struck out. 



Subsec. (c). Pub. L. 91-604, §§ 4(b) (3). (6), 15(c)(2), 

 redesignated former subsec. (d)(1)(D) as (c). and, as 



so redesignated, substituted "Administrator" for "Secre- 

 tary" and "Secretary of Health, Education, and Welfare" 

 wherever appearing therein and "subsection" for "sub- 

 paragraph" wherever appearing therein Former subsec. 

 (c). which related to the procedure for the promulgation 

 of State air quality standards, was struck out, 



Subsec, (d). Pub. L. 91-604, §§4(b) (4), (6), (7), (8), 

 15(c)(2), redesignated former subsec. (d) (2) and (3) 

 as (d)(1) and (2). and. as so redesignated. In (d)(1) 

 substituted "Administrator" for "Secretary" wherever 

 appearing therein and "any conference under this section" 

 for "such conference", and In (d) (2) substituted "Admin- 

 istrator" for "Secretary". Former subsec. (d) (l) (A), (B), 

 and (C) were redesignated as (b) (1), (2), and (3), respec- 

 tively, and subsec (d)(1)(D) was redesignated as (c) 



Subsec. (e). Pub. L 91-604. § 15(c)(2), substituted 

 "Administrator" for "Secretary" wherever appearing 

 therein. 



Subsec (f). Pub, L 91-604. 5 15(c)(2). substituted 

 "Administrator" for "Secretary" wherever appearing 

 therein and "Environmental Protection Agency" for "De- 

 partment of Health. Education, and Welfare". 



Subsec, (g). Pub. L. 91-604. Si 4(b) (9), 15(c)(2), sub- 

 stituted "Administrator" for "Secretary" and "subsection 

 (c)" for "subparagraph (D) of subsection (d)". 



Subsec, (1). Pub L 91-604. I 15(c) (2) substituted "Ad- 

 ministrator" for "Secretary". 



Subsec (J). Pub. L. 91-604, § 15(c) (2) , substituted "Ad- 

 ministrator" for "Secretary" wherever appearing therein. 



Subsec. (k) . Pub, L 91-604. S 4(b) (3) . (10) . substituted 

 provisions relating to compliance with any requirement 

 of an applicable Implementation plan or with any stand- 

 ard prescribed under section 1857c-6 of this title or sec- 

 tion 1857C-7 of this title, for provisions relating to the 

 enjoining of Imminent and substantial endangerment 

 from pollution sources. 



1987 — Subsec. (b). Pub. L 90-148 substituted reference 

 to subsecs, (c). (h), or (k) of this section for reference to 

 subsec, (g) of this section. 



Subsec (c). Pub L. 90-148 added subsec. (c). Former 

 subsec. (c) redesignated as subsec. (d) and amended 



•Subsec. (d). Pub. L 90-148 redesignated former subsec. 

 (c) as subsec (d) and, subaec. (d) as so redesignated. In- 

 serted into par. (2) provisions for the delivery prior to the 

 conference of a Federal report to agencies and interested 

 parties covering matters before the conference, raised from 

 three weeka to thirty days the required notice of the con- 

 ference, and added provisions for notice by newspapers, 

 presentation of views on the Federal report, and transcript 

 of proceedings Former subsec. (d) redesignated as 

 sulMec. (e) . 



Subsec. (e). Pub L. 90-148 redesignated former sub- 

 sec (d) a< subeec. (e). Former subsec (e) redesignated as 

 subsec, (f) and amended, 



Subsec, (f). Pub. L. 90-148 redesignated former subsec. 



(e) as subeec, (f) and. In subsec, (f) as eo redesignated. 

 Inserted Into paj (1) requirement that all Interested 

 parties be given a reasonable opportunity to present evi- 

 dence to the hearing board. Former subsec. (f) redesig- 

 nated as subsec. (g) and amended. 



Subsec. (g). Pub L. 90-148 redesignated former subsec. 



(f) u subeec. (g) and. In subsec. (g) a* redesignated, 

 substituted reference to subeec. (d) of this section for 

 reference to subsec. (c) of this section. Former subsec. (g) 

 redesignated as subsec (h) and amended. 



Subeec. (h). Pub, L 90-148 redesignated former sulMec. 



(g) as subsec. (h) and. In sulMec. (h) as so redesignated, 

 substituted reference to sutwec. (g) of this section for 

 reference to subsec. (f ) of this section. Former subsec. (h) 

 redesignated as subsec. (I) and amended. 



Subsec. (1). Pub. L. 90-148 redesignated former subeec. 

 (h) as subsec. (1) and. In subsec. (1) as so redesignated, 

 substituted reference to subsec (f) of this section for 

 reference to subsec. (e) of this section and raised the per 

 diem maximum from »50 to $100. Former subsec. (1) 

 redesignated as subsec. (j) . 



Subsec. (J). Pub. L. 90-148 redesignated former subsec. 

 (1) as subsec. (J). 

 Subsec (k). Pub. L. 90-148 added subsec. (k). 

 1965— Subsec. (b). Pub. L. 89-272, §101(2), subsU- 



