658 



permit procedure. Issue retrulatlons which will require 

 the appllnatlon to such projects of the snme criteria, 

 other factors to be evaluated, the same procedures, 

 and the same requirements which apply to the Is- 

 suance of permits under subsections (a), fb), (c), 

 and (d) of this section. (Pub. L. 92-532, title I, § 103, 

 Oct. 23, 1972, 86 Stat. 1055.) 



§1414. Permit conditions. 



(a) nesi)rnated and included conditions. 



Permits Issued under this subchapter shall desig- 

 nate and Include H) the type of material authorized 

 to be transport-^d for dumping or to be dumped: '2) 

 the amount of material authorized to be tnnsported 

 for dumping or to be dumped; (3) the location 

 ■where such transport for dumping will be terminated 

 or where such dumping will occur; (41 the length 

 of time for which the permits are valid and their 

 expiration date; (5> any special provlf^lons deemed 

 necessary by the Administrator or the Secretary, as 

 the case may be, after consultation with the Secre- 

 tary of the Department In which the Const Guard is 

 operating, for the monitoring and surveillance of 

 the transportation or dumping; and '6) such other 

 matters as the Administrator or the Secretary, as the 

 case may be, deems appropriate. 



(b) Permit processing fees; reporting requirements. 

 The Administrator or the Secretary, as the case 



may be, may prescribe such processing fees for per- 

 mits and such reporting requirements for actions 

 taken pursuant to permits Is.sued by him under this 

 subchapter as he deems appropriate. 



(c) Cener.nl permits. 



Consistent with the requirements of sections 1412 

 and 1413 of this title, but In lieu of a requirement for 

 specific permits In such case, the Administrator or 

 the Secretary, as the case may be. may l.ssue general 

 permits for the transportation for dumnlng. or 

 dumping, or both, of specified materials or classes 

 of materials for which he may Issue permits, which 

 he determines will have a minimal adverse environ- 

 mental impact. 



(d) Review. 



^Any permit Issued under this subchapter .shall be 

 reviewed periodically and. If appropriate, revised. The 

 Administrator or the Secretary, as the case may be, 

 may limit or deny the issuance of permits, or he may 

 alter or revoke partially or entirely the terms of 

 permits Issued by him under this subchapter, for 

 the transportation for dumping, or for the dumping, 

 or both, of .spcclflei materials or classes of materials, 

 where he finds that such materials cannot be dumped 

 consistently with the criteria and other factors re- 

 quired to be applied In evaluating the permit applica- 

 tion. No action shall be taken under this subsection 

 unless the affected person or permittee shall have 

 been given notice and opportunity for a hearing on 

 such action as proposed. 



(e) Inform.Ttion for review and evaluation of appli 

 cations. 



The Administrator or the Secretary, as the case 



may be, shall require an applicant for a permit under 



this -ubchapter to provide such Information as he 

 may consider necessary to review and evaluate such 

 application. 



(f) Publ'c information. 



Information received by the Administrator or the 

 Secretary, as the case may be, as a part of any 

 application or In connection with any permit granted 

 under this subchapter .shall be available to the pub- 

 lic as a matter of public record, at every stage of 

 the proceeding. The final determination of the Ad- 

 ministrator or the Secretary, as the case may be, 

 shall be likewise available. 



(g) Display of issued permits. 



A copy of any permit ls.sued under this subchapter 

 shall be placed in a conspicuous place In the vessel 

 which will be used for the transportation or dumping 

 authorized by such permit, and an additional copy 

 shall be furnished by the Issuing official to the Secre- 

 tary of the department In which the Coast Guard Is 

 operating, or Us designee. (Pub. L 92-532, title I, 

 § 104, Oct. 23, 1972, 86 Stat. 1056.) 



§ 111!). Penalties. 



(a) Assessment of civil penalty by Administrator; re- 

 mission or mitigation; court action for appropriate 

 rel'ef. 



Any person who violates any provision of this sub- 

 chapter, or of the regulations promulgated under this 

 subchapter, or a permit Issued under this .subchapter 

 sTiall be liable to a civil penalty of not more than 

 sjO,000 for each violation to be assessed by the Ad- 

 ministrator. No penalty shall be assessed until the 

 person charged shall have been given notice and an 

 opportunity for a hearing of such violation. In deter- 

 mining the amount of the penalty, the gravity of 

 the violation, prior violations, and the demonstrated 

 good faith of the person charged In attempting to 

 achieve rapid compliance after notification of a vio- 

 lation .shall be considered by said Administrator. For 

 good cause shown, the Administrator mav remit or 

 mitigate such penalty. Upon failure of the offending 

 party to pay the penalty, the Administrator may 

 request the Attorney General to commence an action 

 In the appropriate district court of the United States 

 for such relief as may be appropriate. 



(b"> Cr'm'nal penalties. 



In addition to any action which mav be brought 

 under subsection (a) of this section, a person who 

 knowingly violates this subchapter, regulations 

 promulg-^ted under this subchapter, or a permit 

 Issued under this suhchai^ter shall be fined not more 

 than $50,000, or Imprisoned for not more than one 

 year, or both. 



fct .'^o•'arate ofTonses, 



For the purpose of Imposing civil penalties and 

 criminal fines under this section, each day of a con- 

 tinuing violntion shall constitute a separate offen.se 

 as sh-11 the dumping from each of several vessels, 

 or other sources. 



fd"" Iniiin -I've relief. 

 The Attorney General or his delegate may bring 



