---
kind: "section"
citation: "6 C.F.R. § 27.300"
title: "6"
number: "27.300"
heading: "Orders."
url: "https://uscodex.org/cfr/6/27.300"
---

# §27.300. Orders.

- (a) **Orders generally.** When the Executive Assistant Director determines that a facility is in violation of any of the requirements of this part, the Executive Assistant Director may take appropriate action including the issuance of an appropriate Order.
- (b) **Orders Assessing Civil Penalty and Orders to Cease Operations.**
  - (1) Where the Executive Assistant Director determines that a facility is in violation of an Order issued pursuant to [paragraph (a)](#a) of this section, the Executive Assistant Director may enter an Order Assessing Civil Penalty, Order to Cease Operations, or both.
  - (2) Following the issuance of an Order by the Executive Assistant Director pursuant to [paragraph (b)(1)](#b-1) of this section, the facility may enter further consultations with the Department.
  - (3) Where the Executive Assistant Director determines that a facility is in violation of an Order issued pursuant to [paragraph (a)](#a) of this section and issues an Order Assessing Civil Penalty pursuant to [paragraph (b)(1)](#b-1) of this section, a chemical facility is liable to the United States for a civil penalty of not more than $25,000 for each day during which the violation continues, if the violation of the Order occurred on or before November 2, 2015, or $41,093 for each day during which the violation of the Order continues, if the violation occurred after November 2, 2015.
- (c) **Procedures for Orders.**
  - (1) At a minimum, an Order shall be signed by the Executive Assistant Director, shall be dated, and shall include:
    - (i) The name and address of the facility in question;
    - (ii) A listing of the provision(s) that the facility is alleged to have violated;
    - (iii) A statement of facts upon which the alleged instances of noncompliance are based;
    - (iv) A clear explanation of deficiencies in the facility's chemical security program, including, if applicable, any deficiencies in the facility's Security Vulnerability Assessment, Site Security Plan, or both;
    - (v) A statement indicating what action(s) the facility must take to remedy the instance(s) of noncompliance; and
    - (vi) The date by which the facility must comply with the terms of the Order.
  - (2) The Executive Assistant Director may establish procedures for the issuance of Orders.
- (d) A facility must comply with the terms of the Order by the date specified in the Order unless the facility has filed a timely Notice of Application for Review under [§ 27.310](/cfr/6/27.310.md).
- (e) Where a facility or other person contests the determination of the Executive Assistant Director to issue an Order, a chemical facility may seek an adjudication pursuant to [§ 27.310](/cfr/6/27.310.md).
- (f) An Order issued under this section becomes final agency action when the time to file a Notice of Application for Review under [§ 27.310](/cfr/6/27.310.md) has passed without such a filing or upon the conclusion of adjudication or appeal proceedings under this subpart.

## Notes

### Amendments

[72 FR 17729, Apr. 9, 2007, as amended at 81 FR 43001, July 1, 2016; 82 FR 8579, Jan. 27, 2017; 83 FR 13834, Apr. 2, 2018; 84 FR 13508, Apr. 5, 2019; 85 FR 36478, June 17, 2020; 86 FR 41892, Aug. 4, 2021; 86 FR 57539, Oct. 18, 2021; 87 FR 1326, Jan. 11, 2022; 88 FR 2182, Jan. 13, 2023]

### Authority

Authority: 6 U.S.C. 624; Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 114-74, 129 Stat. 599; Pub. L. 113-254, 128 Stat. 2898, as amended by Pub. L. 116-150, 134 Stat. 679.

### Source

Source: 72 FR 17729, Apr. 9, 2007, unless otherwise noted.

### Amendments

[72 FR 17729, Apr. 9, 2007, as amended at 81 FR 43001, July 1, 2016; 82 FR 8579, Jan. 27, 2017; 83 FR 13834, Apr. 2, 2018; 84 FR 13508, Apr. 5, 2019; 85 FR 36478, June 17, 2020; 86 FR 41892, Aug. 4, 2021; 86 FR 57539, Oct. 18, 2021; 87 FR 1326, Jan. 11, 2022; 88 FR 2182, Jan. 13, 2023]