4

1 the Federal standard shall apply to such activity in such

2 State.

3

"(e) Whenever a State's standard is applicable within 4 the jursidiction of that State it shall continue to be applicable 5 until the Secretary, after public hearing, determines that it 6 is not as stringent as the comparable Federal standard. He 7 shall review all of the standards of each State for this purpose 8 at least once each calendar year.

9 "(f) The Secretary is authorized to issue new stand10 ards and to amend existing standards from time to time as 11 he determines necessary, and such new or amended stand12 ards shall be considered as initial standards issued under 13 subsection (c) of this section for the purpose of their application to the States under this section.

14

15

"(g) The district courts of the United States shall 16 have jurisdiction to restrain violations of this section. Ac17 tions to restrain such violations shall be brought by, and in,

the name of the United States. In case of contumacy or 19 refusal to obey a subpena upon any person under this sub

section, the district court of the United States for any

district in which such person is found or resides or transacts business, upon application by the United States and after

notice to such person, shall have jurisdiction to issue an

order requiring such person to appear and give testimony

or to appear and produce documents, and any failure to obey

*

5

1 such order of the court may be punished by such court as 2 a contempt thereof.

3

"(h) Every department, agency, and instrumentality

4 of the Federal Government and of the States, and every per

5

son applying for a license, permit, or other authorization from 6 the United States or from any State to discharge or otherwise

7

dispose of any material in an area designated under subsection 8 (a) of this section shall establish and maintain such records, 9 make such reports, and provide such information as the 10 Secretary may reasonably require to assist him in establishing 11 standards under this section and in determining whether 12 such department, agency, instrumentality, or person has 13 acted or is acting in compliance with this section and shall, upon request by the Secretary, permit him at reasonable

14

times to have access to and to copy such records. All informa

tion reported to, or otherwise obtained by, such Secretary or his representative pursuant to this subsection which contains or relates to a trade secret or other matter referred to in section 1905 of title 18 of the United States Code shall

be considered confidential for the purpose of that section,

except that such information may be disclosed to other officers

or employees concerned with carrying out the provisions of

this section.

66

(i) (1) Whoever discharges (including, but not lim

ited to, any spilling, leaking, pumping, pouring, emitting,

6

1 emptying, or dumping) any sewage, sludge, spoil, or other 2 waste into or upon any waters or submerged lands within

3 the jurisdiction of the United States and not within an area 4 designated under subsection (a) of this section shall be

5

subject to a civil penalty of not more than $10,000 for each 6 offense. Any such civil penalty may be compromised by the

7

Secretary referred to in subsection (k) (1) of this section. 8 “(2) Whoever violates any standard established under 9 subsection (c) of this section shall be liable to a civil penalty of not more than $10,000 for each such violation. In the case of a continuing violation of such a standard, each day

10

11

12

13

14

15

16

17

18

19

222

23

24

25

of violation shall be considered a separate offense for the

purposes of this subsection. The Secretary of the Interior

may assess and may mitigate, remit, or compromise any such penalty. In taking any penalty action for violation of

a standard, the gravity of the violation, and the demonstrated

good faith of the person charged in attempting to achieve

rapid compliance, after notification of a violation, shall be

considered by the Secretary of the Interior.

"(j) Upon the designation of waters or submerged lands under subsection (a) of this section, all licenses, permits, or authorizations which have been issued by any officer or em

ployee of the United States under authority of any other provision of law shall be terminated and of no effect to the

extent they authorize any activity prohibited by subsection

7

1 (i) of this section. Thereafter no license, permit, or author2 ity shall be issued by any officer or employee of the United 3 States which would authorize any activity prohibited by 4 subsection (i) of this section.

5 "(k) (1) The Secretary of the department in which 6 the Coast Guard is operating, acting through the Coast 7 Guard, shall enforce subsection (i) (1) of this section.

8

"(2) The Secretary of the Interior shall enforce sub9 section (i) (2) of this section."

[H.R. 336, H.R. 548, H.R. 1382, H.R. 1674, H.R. 6305, 92d Cong., 1st sess.]

A BILL

To require the Council on Environmental Quality to make a full and complete investigation and study of national policy with respect to the discharging of material into the oceans. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That the Council on Environmental Quality established by 4 Public Law 91-190 shall make a full and complete investiga5 tion and study of all aspects of existing national policy with 6 respect to the discharge of any material of any kind into 7 the waters of the Atlantic and Pacific Oceans, the Gulf of 8 Mexico, and any other waters within the territorial sea and 9 the contiguous zone of the United States. Upon completion

10 of such investigation and study the Council shall report to

I