762 



title by him or by a State, he shall issue an order 

 requiring such person to comply with such section 

 or requirement, or he shall bring a civil action in 

 accordance with subsection (b) of this section. 



(4) A copy of any order issued under this sub- 

 section shall be sent immediately by the Administra- 

 tor to the State in which the violation occurs and 

 other affected States, Any order issued under this 

 subsection shall be by personal service and shall state 

 with reasonable specificity the nature of the viola- 

 tion, specify a time for compliance, not to exceed 

 thirty days, which the Administrator determines is 

 reasonable, taking into account the seriousness of the 

 violation and any good faith efforts to comply with 

 applicable requirements. In any case in which an 

 order under this subsection (or notice to a violator 

 under paragraph (1) of this subsection) is issued 

 to a corporation, a copy of such order (or notice) 

 shall be served on any appropriate corporate officers. 

 An order issued under this subsection relating to a 

 violation of section 1318 of this title shall not take 

 effect until the person to whom it is issued has had 

 an opportunity to confer with the Administrator 

 concerning the alleged violation. 



(b) Civil actions. 



The Administrator is authorized to commence a 

 civil action for appropriate relief, including a perma- 

 nent or temporary injunction, for any violation for 

 which he is authorized to issue a compliance order 

 under subsection (a) of this section. Any action 

 under this subsection may be brought In the district 

 court of the United States for the district in which 

 the defendant is located or resides or is doing busi- 

 ness, and such court shall have jurisdiction to 

 restrain such violation and to require compliance. 

 Notice of the commencement of such action shall be 

 given immediately to the appropriate State. 



(e) Criminal penalties. 



( 1 ) Any person who willfully or negligently violates 

 section 1311, 1312, 1316, 1317, or 1318 of this title, 

 or any permit condition or limitation implementing 

 any of such sections in a permit issued under section 

 1342 of this title by the Administrator or by a State, 

 shall be punished by a fine of not less than $2,500 

 nor more than $25,000 per day of violation, or by 

 imprisonment for not more than one year, or by 

 both. If the conviction is for a violation committed 

 after a first conviction of such person under this 

 paragraph, punishment shall be by a fine of not more 

 than $50,000 per day of violation, or by imprison- 

 ment for not more than two years, or by both. 



(2) Any person who knowingly makes any false 

 statement, representation, or certification in any 

 application, record, report, plan, or other document 

 filed or required to be maintained under this chapter 

 or who falsifies, tampers with, or knowingly renders 

 inaccurate any monitoring device or method required 

 to be maintained under this chapter, shall upon con- 

 viction, be punished by a fine of not more than 

 $10,000, or by imprisonment for not more than six 

 months, or by both. 



(3) For the purposes of this subsection, the term 



"person" shall mean, in addition to the definition 

 contained in section 1362 '5) of this title, any re- 

 sponsible corporate officer. 



(d) Civil penalties. 



Any person who violates section 1311, 1312. 1316, 

 1317. or 1318 of this title, or any permit condition 

 or limitation implementing any of such sections in 

 a permit issued under section 1342 of this title by the 

 Administrator, or by a State, and any person who 

 violates any order issued by the Administrator under 

 subsection (a) of this section, shall be subject to a 

 civil penalty not to exceed $10,000 per day of such 

 violation. 



(e) .State liability for judgments and expenses. 

 Whenever a municipality is a party to a civil action 



brought by the United States under this section, the 

 State in which such municipality is located shall be 

 joined as a party. Such State shall be liable for 

 payment of any judgment, or any expenses incurred 

 as a result of complying with any judgment, entered 

 against the municipality in such action to the extent 

 that the laws of that State prevent the municipality 

 from raising revenues needed to comply with such 

 judgment. (June 30, 1948, ch. 758, title III. § 309. as 

 added Oct. 18. 1972, Pub. L. 92-500, § 2. 86 Stat. 859.) 

 § 1320. International pollution abatement. 



(a) Hearing; participation by foreign nations. 

 Whenever the Administrator, upon receipts of re- 

 ports, surveys, or studies from any duly constituted 

 international agency, has reason to believe that pol- 

 lution is occurring which endangers the health or 

 welfare of persons in a foreign country, and the 

 Secretary of State requests him to abate such pollu- 

 tion, he shall give formal notification thereof to the 

 State water pollution control agency of the State 

 or States in which such discharge or discharges 

 originate an(i to the appropriate interstate agency, if 

 any. He shall also promptly call such a hearing, if 

 he believes that such pollution is occurring in suffi- 

 cient quantity to warrant such action, and if such 

 foreign country has given the United States essen- 

 tially the same rights with respect to the prevention 

 and control of pollution occurring in that country 

 as is given that country by this subsection. The Ad- 

 ministrator, through the Secretary of State, shall 

 invite the foreign country which may be adversely 

 affected by the pollution to attend and participate 

 in the hearing, and the representative of such 

 country shall, for the purpose of the hearing and 

 any further proceeding resulting from such hearing, 

 have all the rights of a State water pollution control 

 agency. Nothing in this subsection shall be construed 

 to modify, amend, repeal, or otherwise affect the 

 provisions of the 1909 Boundary Waters Treaty be- 

 tween Canada and the United States or the Water 

 Utilization Treaty of 1944 between Mexico and the 

 United States (59 Stat. 1219) , relative to the control 

 and abatement of pollution in waters covered by 

 those treaties. 



(b) Functions and responsibilities of Administrator 

 not affected. 



The calling of a hearing under this section shall 

 not be construed by the courts, the Administrator. 



