---
kind: "section"
citation: "33 U.S.C. § 1319"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "1319"
heading: "Enforcement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/1319"
units:
  - "Chapter 26 — Water Pollution Prevention and Control"
  - "Subchapter III — Standards and Enforcement"
---

# §1319. Enforcement

- (a) **State enforcement; compliance orders—**
  - (1) Whenever, on the basis of any information available to him, the Administrator finds that any [person](/usc/33/1362.md?p=5) is in violation of any condition or limitation which implements section [1311](/usc/33/1311.md), [1312](/usc/33/1312.md), [1316](/usc/33/1316.md), [1317](/usc/33/1317.md), [1318](/usc/33/1318.md), [1328](/usc/33/1328.md), or [1345](/usc/33/1345.md) of this title in a permit issued by a [State](/usc/33/1362.md?p=3) under an approved permit program under section [1342](/usc/33/1342.md) or [1344](/usc/33/1344.md) of this title he shall proceed under his authority in paragraph (3) of this subsection or he shall notify the [person](/usc/33/1362.md?p=5) in alleged violation and such [State](/usc/33/1362.md?p=3) of such finding. If beyond the thirtieth day after the Administrator’s notification the [State](/usc/33/1362.md?p=3) has not commenced appropriate enforcement action, the Administrator shall issue an order requiring such [person](/usc/33/1362.md?p=5) to comply with such condition or limitation or shall bring a civil action in accordance with [subsection (b)](#b) of this section.
  - (2) Whenever, on the basis of information available to him, the Administrator finds that violations of permit conditions or limitations as set forth in paragraph (1) of this subsection are so widespread that such violations appear to result from a failure of the [State](/usc/33/1362.md?p=3) to enforce such permit conditions or limitations effectively, he shall so notify the [State](/usc/33/1362.md?p=3). If the Administrator finds such failure extends beyond the thirtieth day after such notice, he shall give public notice of such finding. During the period beginning with such public notice and ending when such [State](/usc/33/1362.md?p=3) satisfies the Administrator that it will enforce such conditions and limitations (hereafter referred to in this section as the period of “federally assumed enforcement”), except where an extension has been granted under paragraph (5)(B) of this subsection, the Administrator shall enforce any permit condition or limitation with respect to any [person](/usc/33/1362.md?p=5)—
    - (A) by issuing an order to comply with such condition or limitation, or
    - (B) by bringing a civil action under [subsection (b)](#b) of this section.
  - (3) Whenever on the basis of any information available to him the Administrator finds that any [person](/usc/33/1362.md?p=5) is in violation of section [1311](/usc/33/1311.md), [1312](/usc/33/1312.md), [1316](/usc/33/1316.md), [1317](/usc/33/1317.md), [1318](/usc/33/1318.md), [1322(p)](/usc/33/1322.md?p=p), [1328](/usc/33/1328.md), or [1345](/usc/33/1345.md) of this title, or is in violation of any permit condition or limitation implementing any of such sections in a permit issued under [section 1342 of this title](/usc/33/1342.md) by him or by a [State](/usc/33/1362.md?p=3) or in a permit issued under [section 1344 of this title](/usc/33/1344.md) by a [State](/usc/33/1362.md?p=3), he shall issue an order requiring such [person](/usc/33/1362.md?p=5) to comply with such section or requirement, or he shall bring a civil action in accordance with [subsection (b)](#b) of this section.
  - (4) A copy of any order issued under this subsection shall be sent immediately by the Administrator to the [State](/usc/33/1362.md?p=3) in which the violation occurs and other affected [States](/usc/33/1362.md?p=3). 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](/usc/33/1318.md) shall not take effect until the [person](/usc/33/1362.md?p=5) to whom it is issued has had an opportunity to confer with the Administrator concerning the alleged violation.
  - (5)
    - (A) Any order issued under this subsection shall be by personal service, shall [state](/usc/33/1362.md?p=3) with reasonable specificity the nature of the violation, and shall specify a time for compliance not to exceed thirty days in the case of a violation of an interim compliance schedule or operation and maintenance requirement and not to exceed a time the Administrator determines to be reasonable in the case of a violation of a final deadline, taking into account the seriousness of the violation and any good faith efforts to comply with applicable requirements.
    - (B) The Administrator may, if he determines (i) that any [person](/usc/33/1362.md?p=5) who is a violator of, or any [person](/usc/33/1362.md?p=5) who is otherwise not in compliance with, the time requirements under this chapter or in any permit issued under this chapter, has acted in good faith, and has made a commitment (in the form of contracts or other securities) of necessary resources to achieve compliance by the earliest possible date after July 1, 1977, but not later than April 1, 1979; (ii) that any extension under this provision will not result in the imposition of any additional controls on any other point or nonpoint source; (iii) that an application for a permit under [section 1342 of this title](/usc/33/1342.md) was filed for such [person](/usc/33/1362.md?p=5) prior to December 31, 1974; and (iv) that the facilities necessary for compliance with such requirements are under [construction](/usc/33/1292.md?p=1), grant an extension of the date referred to in [section 1311(b)(1)(A) of this title](/usc/33/1311.md?p=b-1-A) to a date which will achieve compliance at the earliest time possible but not later than April 1, 1979.
  - (6) Whenever, on the basis of information available to him, the Administrator finds (A) that any [person](/usc/33/1362.md?p=5) is in violation of [section 1311(b)(1)(A)](/usc/33/1311.md?p=b-1-A) or (C) of this title, (B) that such [person](/usc/33/1362.md?p=5) cannot meet the requirements for a time extension under [section 1311(i)(2) of this title](/usc/33/1311.md?p=i-2), and (C) that the most expeditious and appropriate means of compliance with this chapter by such [person](/usc/33/1362.md?p=5) is to [discharge](/usc/33/1362.md?p=16) into a publicly owned [treatment works](/usc/33/1292.md?p=2-A), then, upon request of such [person](/usc/33/1362.md?p=5), the Administrator may issue an order requiring such [person](/usc/33/1362.md?p=5) to comply with this chapter at the earliest date practicable, but not later than July 1, 1983, by discharging into a publicly owned [treatment works](/usc/33/1292.md?p=2-A) if such works concur with such order. Such order shall include a [schedule of compliance](/usc/33/1362.md?p=17).
- (b) **Civil actions—** The Administrator is authorized to commence a civil action for appropriate relief, including a permanent or temporary injunction, for any violation for which he is authorized to issue a compliance order under [subsection (a)](#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 business, 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](/usc/33/1362.md?p=3).
- (c) **Criminal penalties—**
  - (1) **Negligent violations—** Any [person](/usc/33/1362.md?p=5) who—
    - (A) negligently violates section [1311](/usc/33/1311.md), [1312](/usc/33/1312.md), [1316](/usc/33/1316.md), [1317](/usc/33/1317.md), [1318](/usc/33/1318.md), [1321(b)(3)](/usc/33/1321.md?p=b-3), [1322(p)](/usc/33/1322.md?p=p), [1328](/usc/33/1328.md), or [1345](/usc/33/1345.md) of this title, or any permit condition or limitation implementing any of such sections in a permit issued under [section 1342 of this title](/usc/33/1342.md) by the Administrator or by a [State](/usc/33/1362.md?p=3), or any requirement imposed in a pretreatment program approved under section [1342(a)(3)](/usc/33/1342.md?p=a-3) or [1342(b)(8)](/usc/33/1342.md?p=b-8) of this title or in a permit issued under [section 1344 of this title](/usc/33/1344.md) by the [Secretary](/usc/33/426h–1.md?p=2) of the Army or by a [State](/usc/33/1362.md?p=3); or
    - (B) negligently introduces into a sewer system or into a publicly owned [treatment works](/usc/33/1292.md?p=2-A) any [pollutant](/usc/33/1362.md?p=6) or hazardous substance which such [person](/usc/33/1362.md?p=5) knew or reasonably should have known could cause personal injury or property damage or, other than in compliance with all applicable Federal, [State](/usc/33/1362.md?p=3), or local requirements or permits, which causes such [treatment works](/usc/33/1292.md?p=2-A) to violate any [effluent limitation](/usc/33/1362.md?p=11) or condition in any permit issued to the [treatment works](/usc/33/1292.md?p=2-A) under [section 1342 of this title](/usc/33/1342.md) by the Administrator or a [State](/usc/33/1362.md?p=3);

    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 1 year, or by both. If a conviction of a [person](/usc/33/1362.md?p=5) is for a violation committed after a first conviction of such [person](/usc/33/1362.md?p=5) under this paragraph, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or by both.

  - (2) **Knowing violations—** Any [person](/usc/33/1362.md?p=5) who—
    - (A) knowingly violates section [1311](/usc/33/1311.md), [1312](/usc/33/1312.md), [1316](/usc/33/1316.md), [1317](/usc/33/1317.md), [1318](/usc/33/1318.md), [1321(b)(3)](/usc/33/1321.md?p=b-3), [1322(p)](/usc/33/1322.md?p=p), [1328](/usc/33/1328.md), or [1345](/usc/33/1345.md) of this title, or any permit condition or limitation implementing any of such sections in a permit issued under [section 1342 of this title](/usc/33/1342.md) by the Administrator or by a [State](/usc/33/1362.md?p=3), or any requirement imposed in a pretreatment program approved under section [1342(a)(3)](/usc/33/1342.md?p=a-3) or [1342(b)(8)](/usc/33/1342.md?p=b-8) of this title or in a permit issued under [section 1344 of this title](/usc/33/1344.md) by the [Secretary](/usc/33/426h–1.md?p=2) of the Army or by a [State](/usc/33/1362.md?p=3); or
    - (B) knowingly introduces into a sewer system or into a publicly owned [treatment works](/usc/33/1292.md?p=2-A) any [pollutant](/usc/33/1362.md?p=6) or hazardous substance which such [person](/usc/33/1362.md?p=5) knew or reasonably should have known could cause personal injury or property damage or, other than in compliance with all applicable Federal, [State](/usc/33/1362.md?p=3), or local requirements or permits, which causes such [treatment works](/usc/33/1292.md?p=2-A) to violate any [effluent limitation](/usc/33/1362.md?p=11) or condition in a permit issued to the [treatment works](/usc/33/1292.md?p=2-A) under [section 1342 of this title](/usc/33/1342.md) by the Administrator or a [State](/usc/33/1362.md?p=3);

    shall be punished by a fine of not less than $5,000 nor more than $50,000 per day of violation, or by imprisonment for not more than 3 years, or by both. If a conviction of a [person](/usc/33/1362.md?p=5) is for a violation committed after a first conviction of such [person](/usc/33/1362.md?p=5) under this paragraph, punishment shall be by a fine of not more than $100,000 per day of violation, or by imprisonment of not more than 6 years, or by both.

  - (3) **Knowing endangerment—**
    - (A) **General rule—** Any [person](/usc/33/1362.md?p=5) who knowingly violates section [1311](/usc/33/1311.md), [1312](/usc/33/1312.md), [1313](/usc/33/1313.md), [1316](/usc/33/1316.md), [1317](/usc/33/1317.md), [1318](/usc/33/1318.md), [1321(b)(3)](/usc/33/1321.md?p=b-3), [1322(p)](/usc/33/1322.md?p=p), [1328](/usc/33/1328.md), or [1345](/usc/33/1345.md) of this title, or any permit condition or limitation implementing any of such sections in a permit issued under [section 1342 of this title](/usc/33/1342.md) by the Administrator or by a [State](/usc/33/1362.md?p=3), or in a permit issued under [section 1344 of this title](/usc/33/1344.md) by the [Secretary](/usc/33/426h–1.md?p=2) of the Army or by a [State](/usc/33/1362.md?p=3), and who knows at that time that he thereby places another [person](/usc/33/1362.md?p=5) in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. A [person](/usc/33/1362.md?p=5) which is an organization shall, upon conviction of violating this subparagraph, be subject to a fine of not more than $1,000,000. If a conviction of a [person](/usc/33/1362.md?p=5) is for a violation committed after a first conviction of such [person](/usc/33/1362.md?p=5) under this paragraph, the maximum punishment shall be doubled with respect to both fine and imprisonment.
    - (B) **Additional provisions—** For the purpose of subparagraph (A) of this paragraph—
      - (i) in determining whether a defendant who is an individual knew that his conduct placed another [person](/usc/33/1362.md?p=5) in imminent danger of death or serious bodily injury—
        - (I) the [person](/usc/33/1362.md?p=5) is responsible only for actual awareness or actual belief that he possessed; and
        - (II) knowledge possessed by a [person](/usc/33/1362.md?p=5) other than the defendant but not by the defendant himself may not be attributed to the defendant;

      except that in proving the defendant’s possession of actual knowledge, circumstantial evidence may be used, including evidence that the defendant took affirmative steps to shield himself from relevant information;

      - (ii) it is an affirmative defense to prosecution that the conduct charged was consented to by the [person](/usc/33/1362.md?p=5) endangered and that the danger and conduct charged were reasonably foreseeable hazards of—
        - (I) an occupation, a business, or a profession; or
        - (II) medical treatment or medical or scientific experimentation conducted by professionally approved methods and such other [person](/usc/33/1362.md?p=5) had been made aware of the risks involved prior to giving consent;

      and such defense may be established under this subparagraph by a preponderance of the evidence;

      - (iii) the term “organization” means a legal entity, other than a government, established or organized for any purpose, and such term includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of [persons](/usc/33/1362.md?p=5); and
      - (iv) the term “serious bodily injury” means bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
  - (4) **False statements—** Any [person](/usc/33/1362.md?p=5) who knowingly makes any false material statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter or who knowingly falsifies, tampers with, or renders inaccurate any monitoring device or method required to be maintained under this chapter, shall upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than 2 years, or by both. If a conviction of a [person](/usc/33/1362.md?p=5) is for a violation committed after a first conviction of such [person](/usc/33/1362.md?p=5) under this paragraph, punishment shall be by a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or by both.
  - (5) **Treatment of single operational upset—** For purposes of this subsection, a single operational upset which leads to simultaneous violations of more than one [pollutant](/usc/33/1362.md?p=6) parameter shall be treated as a single violation.
  - (6) **Responsible corporate officer as “person”—** For the purpose of this subsection, the term “[person](/usc/33/1362.md?p=5)” means, in addition to the definition contained in [section 1362(5) of this title](/usc/33/1362.md?p=5), any responsible corporate officer.
  - (7) **Hazardous substance defined—** For the purpose of this subsection, the term “hazardous substance” means (A) any substance designated pursuant to [section 1321(b)(2)(A) of this title](/usc/33/1321.md?p=b-2-A), (B) any element, compound, mixture, solution, or substance designated pursuant to [section 9602 of title 42](/usc/42/9602.md), (C) any hazardous waste having the characteristics identified under or listed pursuant to section 3001 of the Solid Waste Disposal Act [[42 U.S.C. 6921](/usc/42/6921.md)] (but not including any waste the regulation of which under the Solid Waste Disposal Act [[42 U.S.C. 6901](/usc/42/6901.md) et seq.] has been suspended by Act of Congress), (D) any [toxic pollutant](/usc/33/1362.md?p=13) listed under [section 1317(a) of this title](/usc/33/1317.md?p=a), and (E) any imminently hazardous chemical substance or mixture with respect to which the Administrator has taken action pursuant to [section 2606 of title 15](/usc/15/2606.md).
- (d) **Civil penalties; factors considered in determining amount—** Any [person](/usc/33/1362.md?p=5) who violates section [1311](/usc/33/1311.md), [1312](/usc/33/1312.md), [1316](/usc/33/1316.md), [1317](/usc/33/1317.md), [1318](/usc/33/1318.md), [1322(p)](/usc/33/1322.md?p=p), [1328](/usc/33/1328.md),,[^1] or [1345](/usc/33/1345.md) of this title, or any permit condition or limitation implementing any of such sections in a permit issued under [section 1342 of this title](/usc/33/1342.md) by the Administrator, or by a [State](/usc/33/1362.md?p=3), or in a permit issued under [section 1344 of this title](/usc/33/1344.md) by a [State](/usc/33/1362.md?p=3), or any requirement imposed in a pretreatment program approved under section [1342(a)(3)](/usc/33/1342.md?p=a-3) or [1342(b)(8)](/usc/33/1342.md?p=b-8) of this title, and any [person](/usc/33/1362.md?p=5) who violates any order issued by the Administrator under [subsection (a)](#a) of this section, shall be subject to a civil penalty not to exceed $25,000 per day for each violation. In determining the amount of a civil penalty the court shall consider the seriousness of the violation or violations, the economic benefit (if any) resulting from the violation, any history of such violations, any good-faith efforts to comply with the applicable requirements, the economic impact of the penalty on the violator, and such other matters as justice may require. For purposes of this subsection, a single operational upset which leads to simultaneous violations of more than one [pollutant](/usc/33/1362.md?p=6) parameter shall be treated as a single violation.
- (e) **State liability for judgments and expenses—** Whenever a [municipality](/usc/33/1362.md?p=4) is a party to a civil action brought by the United States under this section, the [State](/usc/33/1362.md?p=3) in which such [municipality](/usc/33/1362.md?p=4) is located shall be joined as a party. Such [State](/usc/33/1362.md?p=3) shall be liable for payment of any judgment, or any expenses incurred as a result of complying with any judgment, entered against the [municipality](/usc/33/1362.md?p=4) in such action to the extent that the laws of that [State](/usc/33/1362.md?p=3) prevent the [municipality](/usc/33/1362.md?p=4) from raising revenues needed to comply with such judgment.
- (f) **Wrongful introduction of pollutant into treatment works—** Whenever, on the basis of any information available to him, the Administrator finds that an owner or operator of any source is introducing a [pollutant](/usc/33/1362.md?p=6) into a [treatment works](/usc/33/1292.md?p=2-A) in violation of subsection (d) of [section 1317 of this title](/usc/33/1317.md), the Administrator may notify the owner or operator of such [treatment works](/usc/33/1292.md?p=2-A) and the [State](/usc/33/1362.md?p=3) of such violation. If the owner or operator of the [treatment works](/usc/33/1292.md?p=2-A) does not commence appropriate enforcement action within 30 days of the date of such notification, the Administrator may commence a civil action for appropriate relief, including but not limited to, a permanent or temporary injunction, against the owner or operator of such [treatment works](/usc/33/1292.md?p=2-A). In any such civil action the Administrator shall join the owner or operator of such source as a party to the action. Such action shall be brought in the district court of the United States in the district in which the [treatment works](/usc/33/1292.md?p=2-A) is located. Such court shall have jurisdiction to restrain such violation and to require the owner or operator of the [treatment works](/usc/33/1292.md?p=2-A) and the owner or operator of the source to take such action as may be necessary to come into compliance with this chapter. Notice of commencement of any such action shall be given to the [State](/usc/33/1362.md?p=3). Nothing in this subsection shall be construed to limit or prohibit any other authority the Administrator may have under this chapter.
- (g) **Administrative penalties—**
  - (1) **Violations—** Whenever on the basis of any information available—
    - (A) the Administrator finds that any [person](/usc/33/1362.md?p=5) has violated section [1311](/usc/33/1311.md), [1312](/usc/33/1312.md), [1316](/usc/33/1316.md), [1317](/usc/33/1317.md), [1318](/usc/33/1318.md), [1322(p)](/usc/33/1322.md?p=p), [1328](/usc/33/1328.md), or [1345](/usc/33/1345.md) of this title, or has violated any permit condition or limitation implementing any of such sections in a permit issued under [section 1342 of this title](/usc/33/1342.md) by the Administrator or by a [State](/usc/33/1362.md?p=3), or in a permit issued under [section 1344 of this title](/usc/33/1344.md) by a [State](/usc/33/1362.md?p=3), or
    - (B) the [Secretary](/usc/33/426h–1.md?p=2) of the Army (hereinafter in this subsection referred to as the “[Secretary](/usc/33/426h–1.md?p=2)”) finds that any [person](/usc/33/1362.md?p=5) has violated any permit condition or limitation in a permit issued under [section 1344 of this title](/usc/33/1344.md) by the [Secretary](/usc/33/426h–1.md?p=2),

    the Administrator or [Secretary](/usc/33/426h–1.md?p=2), as the case may be, may, after consultation with the [State](/usc/33/1362.md?p=3) in which the violation occurs, assess a class I civil penalty or a class II civil penalty under this subsection.

  - (2) **Classes of penalties—**
    - (A) **Class I—** The amount of a class I civil penalty under [paragraph (1)](#g-1) may not exceed $10,000 per violation, except that the maximum amount of any class I civil penalty under this subparagraph shall not exceed $25,000. Before issuing an order assessing a civil penalty under this subparagraph, the Administrator or the [Secretary](/usc/33/426h–1.md?p=2), as the case may be, shall give to the [person](/usc/33/1362.md?p=5) to be assessed such penalty written notice of the Administrator’s or [Secretary](/usc/33/426h–1.md?p=2)’s proposal to issue such order and the opportunity to request, within 30 days of the date the notice is received by such [person](/usc/33/1362.md?p=5), a hearing on the proposed order. Such hearing shall not be subject to section [554](/usc/5/554.md) or [556](/usc/5/556.md) of title 5, but shall provide a reasonable opportunity to be heard and to present evidence.
    - (B) **Class II—** The amount of a class II civil penalty under [paragraph (1)](#g-1) may not exceed $10,000 per day for each day during which the violation continues; except that the maximum amount of any class II civil penalty under this subparagraph shall not exceed $125,000. Except as otherwise provided in this subsection, a class II civil penalty shall be assessed and collected in the same manner, and subject to the same provisions, as in the case of civil penalties assessed and collected after notice and opportunity for a hearing on the record in accordance with [section 554 of title 5](/usc/5/554.md). The Administrator and the [Secretary](/usc/33/426h–1.md?p=2) may issue rules for discovery procedures for hearings under this subparagraph.
  - (3) **Determining amount—** In determining the amount of any penalty assessed under this subsection, the Administrator or the [Secretary](/usc/33/426h–1.md?p=2), as the case may be, shall take into account the nature, circumstances, extent and gravity of the violation, or violations, and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation, and such other matters as justice may require. For purposes of this subsection, a single operational upset which leads to simultaneous violations of more than one [pollutant](/usc/33/1362.md?p=6) parameter shall be treated as a single violation.
  - (4) **Rights of interested persons—**
    - (A) **Public notice—** Before issuing an order assessing a civil penalty under this subsection the Administrator or [Secretary](/usc/33/426h–1.md?p=2), as the case may be, shall provide public notice of and reasonable opportunity to comment on the proposed issuance of such order.
    - (B) **Presentation of evidence—** Any [person](/usc/33/1362.md?p=5) who comments on a proposed assessment of a penalty under this subsection shall be given notice of any hearing held under this subsection and of the order assessing such penalty. In any hearing held under this subsection, such [person](/usc/33/1362.md?p=5) shall have a reasonable opportunity to be heard and to present evidence.
    - (C) **Rights of interested persons to a hearing—** If no hearing is held under [paragraph (2)](#g-2) before issuance of an order assessing a penalty under this subsection, any [person](/usc/33/1362.md?p=5) who commented on the proposed assessment may petition, within 30 days after the issuance of such order, the Administrator or [Secretary](/usc/33/426h–1.md?p=2), as the case may be, to set aside such order and to provide a hearing on the penalty. If the evidence presented by the petitioner in support of the petition is material and was not considered in the issuance of the order, the Administrator or [Secretary](/usc/33/426h–1.md?p=2) shall immediately set aside such order and provide a hearing in accordance with [paragraph (2)(A)](#g-2-A) in the case of a class I civil penalty and [paragraph (2)(B)](#g-2-B) in the case of a class II civil penalty. If the Administrator or [Secretary](/usc/33/426h–1.md?p=2) denies a hearing under this subparagraph, the Administrator or [Secretary](/usc/33/426h–1.md?p=2) shall provide to the petitioner, and publish in the Federal Register, notice of and the reasons for such denial.
  - (5) **Finality of order—** An order issued under this subsection shall become final 30 days after its issuance unless a petition for judicial review is filed under [paragraph (8)](#g-8) or a hearing is requested under [paragraph (4)(C)](#g-4-C). If such a hearing is denied, such order shall become final 30 days after such denial.
  - (6) **Effect of order—**
    - (A) **Limitation on actions under other sections—** Action taken by the Administrator or the [Secretary](/usc/33/426h–1.md?p=2), as the case may be, under this subsection shall not affect or limit the Administrator’s or [Secretary](/usc/33/426h–1.md?p=2)’s authority to enforce any provision of this chapter; except that any violation—
      - (i) with respect to which the Administrator or the [Secretary](/usc/33/426h–1.md?p=2) has commenced and is diligently prosecuting an action under this subsection,
      - (ii) with respect to which a [State](/usc/33/1362.md?p=3) has commenced and is diligently prosecuting an action under a [State](/usc/33/1362.md?p=3) law comparable to this subsection, or
      - (iii) for which the Administrator, the [Secretary](/usc/33/426h–1.md?p=2), or the [State](/usc/33/1362.md?p=3) has issued a final order not subject to further judicial review and the violator has paid a penalty assessed under this subsection, or such comparable [State](/usc/33/1362.md?p=3) law, as the case may be,

      shall not be the subject of a civil penalty action under [subsection (d)](#d) of this section or [section 1321(b) of this title](/usc/33/1321.md?p=b) or [section 1365 of this title](/usc/33/1365.md).

    - (B) **Applicability of limitation with respect to citizen suits—** The limitations contained in [subparagraph (A)](#g-6-A) on civil penalty actions under [section 1365 of this title](/usc/33/1365.md) shall not apply with respect to any violation for which—
      - (i) a civil action under [section 1365(a)(1) of this title](/usc/33/1365.md?p=a-1) has been filed prior to commencement of an action under this subsection, or
      - (ii) notice of an alleged violation of [section 1365(a)(1) of this title](/usc/33/1365.md?p=a-1) has been given in accordance with [section 1365(b)(1)(A) of this title](/usc/33/1365.md?p=b-1-A) prior to commencement of an action under this subsection and an action under [section 1365(a)(1) of this title](/usc/33/1365.md?p=a-1) with respect to such alleged violation is filed before the 120th day after the date on which such notice is given.
  - (7) **Effect of action on compliance—** No action by the Administrator or the [Secretary](/usc/33/426h–1.md?p=2) under this subsection shall affect any [person](/usc/33/1362.md?p=5)’s obligation to comply with any section of this chapter or with the terms and conditions of any permit issued pursuant to section [1342](/usc/33/1342.md) or [1344](/usc/33/1344.md) of this title.
  - (8) **Judicial review—** Any [person](/usc/33/1362.md?p=5) against whom a civil penalty is assessed under this subsection or who commented on the proposed assessment of such penalty in accordance with [paragraph (4)](#g-4) may obtain review of such assessment—
    - (A) in the case of assessment of a class I civil penalty, in the United States District Court for the District of Columbia or in the district in which the violation is alleged to have occurred, or
    - (B) in the case of assessment of a class II civil penalty, in United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which such [person](/usc/33/1362.md?p=5) resides or transacts business,

    by filing a notice of appeal in such court within the 30-day period beginning on the date the civil penalty order is issued and by simultaneously sending a copy of such notice by certified mail to the Administrator or the [Secretary](/usc/33/426h–1.md?p=2), as the case may be, and the Attorney General. The Administrator or the [Secretary](/usc/33/426h–1.md?p=2) shall promptly file in such court a certified copy of the record on which the order was issued. Such court shall not set aside or remand such order unless there is not substantial evidence in the record, taken as a whole, to support the finding of a violation or unless the Administrator’s or [Secretary](/usc/33/426h–1.md?p=2)’s assessment of the penalty constitutes an abuse of discretion and shall not impose additional civil penalties for the same violation unless the Administrator’s or [Secretary](/usc/33/426h–1.md?p=2)’s assessment of the penalty constitutes an abuse of discretion.

  - (9) **Collection—** If any [person](/usc/33/1362.md?p=5) fails to pay an assessment of a civil penalty—
    - (A) after the order making the assessment has become final, or
    - (B) after a court in an action brought under [paragraph (8)](#g-8) has entered a final judgment in favor of the Administrator or the [Secretary](/usc/33/426h–1.md?p=2), as the case may be,

    the Administrator or the [Secretary](/usc/33/426h–1.md?p=2) shall request the Attorney General to bring a civil action in an appropriate district court to recover the amount assessed (plus interest at currently prevailing rates from the date of the final order or the date of the final judgment, as the case may be). In such an action, the validity, amount, and appropriateness of such penalty shall not be subject to review. Any [person](/usc/33/1362.md?p=5) who fails to pay on a timely basis the amount of an assessment of a civil penalty as described in the first sentence of this paragraph shall be required to pay, in addition to such amount and interest, attorneys fees and costs for collection proceedings and a quarterly nonpayment penalty for each quarter during which such failure to pay persists. Such nonpayment penalty shall be in an amount equal to 20 percent of the aggregate amount of such [person](/usc/33/1362.md?p=5)’s penalties and nonpayment penalties which are unpaid as of the beginning of such quarter.

  - (10) **Subpoenas—** The Administrator or [Secretary](/usc/33/426h–1.md?p=2), as the case may be, may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, or documents in connection with hearings under this subsection. In case of contumacy or refusal to obey a subpoena issued pursuant to this paragraph and served upon any [person](/usc/33/1362.md?p=5), the district court of the United States for any district in which such [person](/usc/33/1362.md?p=5) is found, resides, or transacts business, upon application by the United States and after notice to such [person](/usc/33/1362.md?p=5), shall have jurisdiction to issue an order requiring such [person](/usc/33/1362.md?p=5) to appear and give testimony before the administrative law judge or to appear and produce documents before the administrative law judge, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof.
  - (11) **Protection of existing procedures—** Nothing in this subsection shall change the procedures existing on the day before February 4, 1987, under other subsections of this section for issuance and enforcement of orders by the Administrator.
- (h) **Implementation of integrated plans—**
  - (1) **In general—** In conjunction with an enforcement action under subsection [(a)](#a) or [(b)](#b) relating to municipal [discharges](/usc/33/1362.md?p=16), the Administrator shall inform a [municipality](/usc/33/1362.md?p=4) of the opportunity to develop an integrated plan, as defined in [section 1342(s) of this title](/usc/33/1342.md?p=s).
  - (2) **Modification—** Any [municipality](/usc/33/1362.md?p=4) under an administrative order under [subsection (a)](#a) or settlement agreement (including a judicial consent decree) under [subsection (b)](#b) that has developed an integrated plan consistent with [section 1342(s) of this title](/usc/33/1342.md?p=s) may request a modification of the administrative order or settlement agreement based on that integrated plan.

## Footnotes

[^1]: So in original.

## Source credit

(June 30, 1948, ch. 758, title III, § 309, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 859; amended Pub. L. 95–217, §§ 54(b), 55, 56, 67(c)(2), Dec. 27, 1977, 91 Stat. 1591, 1592, 1606; Pub. L. 100–4, title III, §§ 312, 313(a)(1), (b)(1), (c), 314(a), Feb. 4, 1987, 101 Stat. 42, 45, 46; Pub. L. 101–380, title IV, § 4301(c), Aug. 18, 1990, 104 Stat. 537; Pub. L. 115–282, title IX, § 903(c)(2), Dec. 4, 2018, 132 Stat. 4356; Pub. L. 115–436, § 3(b), Jan. 14, 2019, 132 Stat. 5560.)

## Notes

### Editorial Notes

### References in Text

The Solid Waste Disposal Act, referred to in subsec. (c)(7), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of Title 42 and Tables.

### Amendments

2019—Subsec. (h). Pub. L. 115–436 added subsec. (h).

2018—Subsec. (a)(3). Pub. L. 115–282, § 903(c)(2)(A), substituted “1322(p), 1328” for “1328”.

Subsec. (c)(1)(A), (2)(A), (3)(A). Pub. L. 115–282, § 903(c)(2)(B), substituted “1322(p), 1328” for “1328”.

Subsec. (d). Pub. L. 115–282, § 903(c)(2)(C), substituted “1322(p), 1328,” for “1328” and “State,” for “State,,”.

Subsec. (g)(1)(A). Pub. L. 115–282, § 903(c)(2)(D), substituted “1322(p), 1328” for “1328”.

1990—Subsec. (c)(1)(A), (2)(A), (3)(A). Pub. L. 101–380 inserted “1321(b)(3),” after “1318,”.

1987—Subsec. (c). Pub. L. 100–4, § 312, amended subsec. (c) generally, revising provisions of par. (1), adding pars. (2), (3), (5), and (7), redesignating former pars. (2) and (4) as (3) and (6), respectively, and revising provisions of redesignated par. (4).

Subsec. (d). Pub. L. 100–4, § 313(a)(1), inserted “, or any requirement imposed in a pretreatment program approved under section 1342(a)(3) or 1342(b)(8) of this title,” after second reference to “State,”.

Pub. L. 100–4, § 313(b)(1), substituted “$25,000 per day for each violation” for “$10,000 per day of such violation”.

Pub. L. 100–4, § 313(c), inserted at end “In determining the amount of a civil penalty the court shall consider the seriousness of the violation or violations, the economic benefit (if any) resulting from the violation, any history of such violations, any good-faith efforts to comply with the applicable requirements, the economic impact of the penalty on the violator, and such other matters as justice may require. For purposes of this subsection, a single operational upset which leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation.”

Subsec. (g). Pub. L. 100–4, § 314(a), added subsec. (g).

1977—Subsec. (a)(1). Pub. L. 95–217, §§ 55(a), 67(c)(2)(A), substituted “1318, 1328, or 1345 of this title” for “or 1318 of this title” and “1342 or 1344 of this title” for “1342 of this title”.

Subsec. (a)(2). Pub. L. 95–217, § 56(a), substituted “except where an extension has been granted under paragraph (5)(B) of this subsection, the Administrator shall enforce any permit condition or limitation” for “the Administrator shall enforce any permit condition or limitation”.

Subsec. (a)(3). Pub. L. 95–217, §§ 55(b), 67(c)(2)(B), substituted “1318, 1328, or 1345 of this title” for “or 1318 of this title” and inserted “or in a permit issued under section 1344 of this title by a State” after “in a permit issued under section 1342 of this title by him or by a State”.

Subsec. (a)(4). Pub. L. 95–217, § 56(b), struck out provision that any order issued under this subsection had to be by personal service and had to state with reasonable specificity the nature of the violation and a time for compliance, not to exceed thirty days, which the Administrator determined to be reasonable, taking into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. See section subsec. (a)(5) of this section.

Subsec. (a)(5), (6). Pub. L. 95–217, § 56(c), added pars. (5) and (6).

Subsec. (c)(1). Pub. L. 95–217, § 67(c)(2)(C), substituted “by a State or in a permit issued under section 1344 of this title by a State, shall be punished” for “by a State, shall be punished”.

Subsec. (d). Pub. L. 95–217, §§ 55(c), 67(c)(2)(D), substituted “1318, 1328, or 1345 of this title” for “or 1318 of this title” and inserted “or in a permit issued under section 1344 of this title by a State,” after “permit issued under section 1342 of this title by the Administrator, or by a State,”.

Subsec. (f). Pub. L. 95–217, § 54(b), added subsec. (f).

### Statutory Notes and Related Subsidiaries

### Effective Date of 1990 Amendment

Amendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of this title.

### Savings Provision

Pub. L. 100–4, title III, § 313(a)(2), Feb. 4, 1987, 101 Stat. 45, provided that: “No State shall be required before July 1, 1988, to modify a permit program approved or submitted under section 402 of the Federal Water Pollution Control Act [33 U.S.C. 1342] as a result of the amendment made by paragraph (1) [amending this section].”

### Deposit of Certain Penalties Into Oil Spill Liability Trust Fund

Penalties paid pursuant to subsection (c) of this section and sections 1321 and 1501 et seq. of this title to be deposited in the Oil Spill Liability Trust Fund created under section 9509 of Title 26, Internal Revenue Code, see section 4304 of Pub. L. 101–380, set out as a note under section 9509 of Title 26.

### Increased Penalties Not Required Under State Programs

Pub. L. 100–4, title III, § 313(b)(2), Feb. 4, 1987, 101 Stat. 45, provided that: “The Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.] shall not be construed as requiring a State to have a civil penalty for violations described in section 309(d) of such Act [33 U.S.C. 1319(d)] which has the same monetary amount as the civil penalty established by such section, as amended by paragraph (1) [amending this section]. Nothing in this paragraph shall affect the Administrator’s authority to establish or adjust by regulation a minimum acceptable State civil penalty.”

### Actions by Surgeon General Relating to Interstate Pollution

Act July 9, 1956, ch. 518, § 5, 70 Stat. 507, provided that actions by the Surgeon General with respect to water pollutants under section 2(d) of act June 30, 1948, ch. 758, 62 Stat. 1155, as in effect prior to July 9, 1956, which had been completed prior to such date, would still be subject to the terms of section 2(d) of act June 30, 1948, in effect prior to the July 9, 1956 amendment, but that actions with respect to such pollutants would nevertheless subsequently be possible in accordance with the terms of act June 30, 1948, as amended by act July 9, 1956.