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U.S. Code as of:
01/19/04
Section 1320. International pollution abatement
(a) Hearing; participation by foreign nations
Whenever the Administrator, upon receipts of reports, surveys, or
studies from any duly constituted international agency, has reason
to believe that pollution is occurring which endangers the health
or welfare of persons in a foreign country, and the Secretary of
State requests him to abate such pollution, 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
and to the appropriate interstate agency, if any. He shall also
promptly call such a hearing, if he believes that such pollution is
occurring in sufficient quantity to warrant such action, and if
such foreign country has given the United States essentially 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 Administrator, 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 between 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, or any person as
limiting, modifying, or otherwise affecting the functions and
responsibilities of the Administrator under this section to
establish and enforce water quality requirements under this
chapter.
(c) Hearing board; composition; findings of fact; recommendations;
implementation of board's decision
The Administrator shall publish in the Federal Register a notice
of a public hearing before a hearing board of five or more persons
appointed by the Administrator. A majority of the members of the
board and the chairman who shall be designated by the Administrator
shall not be officers or employees of Federal, State, or local
governments. On the basis of the evidence presented at such
hearing, the board shall within sixty days after completion of the
hearing make findings of fact as to whether or not such pollution
is occurring and shall thereupon by decision, incorporating its
findings therein, make such recommendations to abate the pollution
as may be appropriate and shall transmit such decision and the
record of the hearings to the Administrator. All such decisions
shall be public. Upon receipt of such decision, the Administrator
shall promptly implement the board's decision in accordance with
the provisions of this chapter.
(d) Report by alleged polluter
In connection with any hearing called under this subsection, the
board is authorized to require any person whose alleged activities
result in discharges causing or contributing to pollution to file
with it in such forms as it may prescribe, a report based on
existing data, furnishing such information as may reasonably be
required as to the character, kind, and quantity of such discharges
and the use of facilities or other means to prevent or reduce such
discharges by the person filing such a report. Such report shall be
made under oath or otherwise, as the board may prescribe, and shall
be filed with the board within such reasonable period as it may
prescribe, unless additional time is granted by it. Upon a showing
satisfactory to the board by the person filing such report that
such report or portion thereof (other than effluent data), to which
the Administrator has access under this section, if made public
would divulge trade secrets or secret processes of such person, the
board shall consider such report or portion thereof confidential
for the purposes of section 1905 of title 18. If any person
required to file any report under this paragraph shall fail to do
so within the time fixed by the board for filing the same, and such
failure shall continue for thirty days after notice of such
default, such person shall forfeit to the United States the sum of
$1,000 for each and every day of the continuance of such failure,
which forfeiture 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 in the district court of the United States where such
person has his principal office or in any district in which he does
business. The Administrator may upon application therefor remit or
mitigate any forfeiture provided for under this subsection.
(e) Compensation of board members
Board members, other than officers or employees of Federal,
State, or local governments, shall be for each day (including
travel-time) during which they are performing board business,
entitled to receive compensation at a rate fixed by the
Administrator but not in excess of the maximum rate of pay for
grade GS-18, as provided in the General Schedule under section 5332
of title 5, and shall, notwithstanding the limitations of sections
5703 and 5704 of title 5, be fully reimbursed for travel,
subsistence and related expenses.
(f) Enforcement proceedings
When any such recommendation adopted by the Administrator
involves the institution of enforcement proceedings against any
person to obtain the abatement of pollution subject to such
recommendation, the Administrator shall institute such proceedings
if he believes that the evidence warrants such proceedings. The
district court of the United States shall consider and determine de
novo all relevant issues, but shall receive in evidence the record
of the proceedings before the conference or hearing board. The
court shall have jurisdiction to enter such judgment and orders
enforcing such judgment as it deems appropriate or to remand such
proceedings to the Administrator for such further action as it may
direct.
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