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33 U.S.C. § 1364 — Emergency powers
Federal law — U.S. Code and appendices · legal_authorities
**(a) Emergency powers** Notwithstanding any other provision of this chapter, the Administrator upon receipt of evidence that a pollution source or combination of sources is presenting an imminent and substantial endangerment to the health of persons or to the welfare of persons where such endangerment is to the livelihood of such persons, such as inability to market shellfish, may bring suit on behalf of the United States in the appropriate district court to immediately restrain any person causing or contributing to the alleged pollution to stop the discharge of pollutants causing or contributing to such pollution or to take such other action as may be necessary.
**(b) Repealed. Pub. L. 96–510, title III, § 304(a), Dec. 11, 1980, 94 Stat. 2809**
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Source location: Title 33, Chapter 26, § 1364; chapter-026-water-pollution-prevention-and-control.md
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**(a) Emergency powers** Notwithstanding any other provision of this chapter, the Administrator upon receipt of evidence that a pollution source or combination of sources is presenting an imminent and substantial endangerment to the health of persons or to the welfare of persons where such endangerment is to the livelihood of such persons, such as inability to market shellfish, may bring suit on behalf of the United States in the appropriate district court to immediately restrain any person causing or contributing to the alleged pollution to stop the discharge of pollutants causing or contributing to such pollution or to take such other action as may be necessary.
**(b) Repealed. Pub. L. 96–510, title III, § 304(a), Dec. 11, 1980, 94 Stat. 2809**
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Unless otherwise provided, all provisions of this chapter shall be effective on December 11, 1980.
**(b)** Any regulation issued pursuant to any provisions of [section 1321 of title 33](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1321&num=0&edition=prelim) which is repealed or superseded by this chapter and which is in effect on the date immediately preceding the effective date of this chapter shall be deemed to be a regulation issued pursuant to the authority of this chapter and shall remain in full force and effect unless or until superseded by new regulations issued thereunder.
**(c)** Any regulation—
(1) respecting financial responsibility,
(2) issued pursuant to any provision of law repealed or superseded by this chapter, and
(3) in effect on the date immediately preceding the effective date of this chapter shall be deemed to be a regulation issued pursuant to the authority of this chapter and shall remain in full force and effect unless or until superseded by new regulations issued thereunder.
**(d)** Nothing in this chapter shall affect or modify in any way the obligations or liabilities of any person under other Federal or State law, including common law, with respect to releases of hazardous substances or other pollutants or contaminants. The provisions of this chapter shall not be considered, interpreted, or construed in any way as reflecting a determination, in part or whole, of policy regarding the inapplicability of strict liability, or strict liability doctrines, to activities relating to hazardous substances, pollutants, or contaminants or other such activities.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9652
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization of appropriations for State and interstate programs** There are hereby authorized to be appropriated the following sums, to remain available until expended, to carry out the purpose of this section—
(1) $60,000,000 for the fiscal year ending June 30, 1973; and
(2) $75,000,000 for the fiscal year ending June 30, 1974, and the fiscal year ending June 30, 1975, $100,000,000 per fiscal year for the fiscal years 1977, 1978, 1979, and 1980, $75,000,000 per fiscal year for the fiscal years 1981 and 1982, such sums as may be necessary for fiscal years 1983 through 1985, and $75,000,000 per fiscal year for each of the fiscal years 1986 through 1990;
for grants to States and to interstate agencies to assist them in administering programs for the prevention, reduction, and elimination of pollution, including enforcement directly or through appropriate State law enforcement officers or agencies.
**(b) Allotments** From the sums appropriated in any fiscal year, the Administrator shall make allotments to the several States and interstate agencies in accordance with regulations promulgated by him on the basis of the extent of the pollution problem in the respective States.
**(c) Maximum annual payments** The Administrator is authorized to pay to each State and interstate agency each fiscal year either—
(1) the allotment of such State or agency for such fiscal year under subsection (b), or
(2) the reasonable costs as determined by the Administrator of developing and carrying out a pollution program by such State or agency during such fiscal year,
which ever amount is the lesser.
**(d) Limitations** No grant shall be made under this section to any State or interstate agency for any fiscal year when the expenditure of non-Federal funds by such State or intersta
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1256
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Federal law — U.S. Code and appendices · legal_authorities
For purpose of this subchapter—
(1) The term “act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight.
(2) The term “Administrator” means the Administrator of the United States Environmental Protection Agency.
(3) The term “barrel” means forty-two United States gallons at sixty degrees Fahrenheit.
(4) The term “claim” means a demand in writing for a sum certain.
(5) The term “claimant” means any person who presents a claim for compensation under this chapter.
(6) The term “damages” means damages for injury or loss of natural resources as set forth in section 9607(a) or 9611(b) of this title.
(7) The term “drinking water supply” means any raw or finished water source that is or may be used by a public water system (as defined in the Safe Drinking Water Act [[42 U.S.C. 300f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300f&num=0&edition=prelim) et seq.]) or as drinking water by one or more individuals.
(8) The term “environment” means (A) the navigable waters, the waters of the contiguous zone, and the ocean waters of which the natural resources are under the exclusive management authority of the United States under the Magnuson-Stevens Fishery Conservation and Management Act [[16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.], and (B) any other surface water, ground water, drinking water supply, land surface or subsurface strata, or ambient air within the United States or under the jurisdiction of the United States.
(9) The term “facility” means (A) any building, st
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9601
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Maintenance, jurisdiction, etc.** In addition to any other action taken by a State or local government, when the President determines that there may be an imminent and substantial endangerment to the public health or welfare or the environment because of an actual or threatened release of a hazardous substance from a facility, he may require the Attorney General of the United States to secure such relief as may be necessary to abate such danger or threat, and the district court of the United States in the district in which the threat occurs shall have jurisdiction to grant such relief as the public interest and the equities of the case may require. The President may also, after notice to the affected State, take other action under this section including, but not limited to, issuing such orders as may be necessary to protect public health and welfare and the environment.
**(b) Fines; reimbursement**
(1) Any person who, without sufficient cause, willfully violates, or fails or refuses to comply with, any order of the President under subsection (a) may, in an action brought in the appropriate United States district court to enforce such order, be fined not more than $25,000 for each day in which such violation occurs or such failure to comply continues.
(2)
(A) Any person who receives and complies with the terms of any order issued under subsection (a) may, within 60 days after completion of the required action, petition the President for reimbursement from the Fund for the reasonable costs of such action, plus interest. Any interest payable under this paragraph shall accrue on the amounts expended from the date of expenditure at the same rate as specified for interest on investments of the Hazardous Substance Superfund established under subchapter A of chapter
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9606
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** For the purposes specified in this section there is authorized to be appropriated from the Hazardous Substance Superfund established under subchapter A of chapter 98 of title 26 not more than $8,500,000,000 for the 5-year period beginning on October 17, 1986, and not more than $5,100,000,000 for the period commencing October 1, 1991, and ending September 30, 1994, and such sums shall remain available until expended. The preceding sentence constitutes a specific authorization for the funds appropriated under title II of Public Law 99-160 (relating to payment to the Hazardous Substances Trust Fund). The President shall use the money in the Fund for the following purposes:
(1) Payment of governmental response costs incurred pursuant to [section 9604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9604&num=0&edition=prelim), including costs incurred pursuant to the Intervention on the High Seas Act [[33 U.S.C. 1471](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1471&num=0&edition=prelim) et seq.].
(2) Payment of any claim for necessary response costs incurred by any other person as a result of carrying out the national contingency plan established under section 1321(c) 11 See References in Text note below. of title 33 and amended by [section 9605 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9605&num=0&edition=prelim): Provided, however, That such costs must be approved under said plan and certified by the responsible Federal official.
(3) Payment of any claim authorized by subsection (b) of this section and finally decided pursuant to [section 9612 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-sect
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9611
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Implementation experiences; identification and disposal of waste**
(1) The President shall submit to the Congress, within four years after December 11, 1980, a comprehensive report on experience with the implementation of this chapter including, but not limited to—
(A) the extent to which the chapter and Fund are effective in enabling Government to respond to and mitigate the effects of releases of hazardous substances;
(B) a summary of past receipts and disbursements from the Fund;
(C) a projection of any future funding needs remaining after the expiration of authority to collect taxes, and of the threat to public health, welfare, and the environment posed by the projected releases which create any such needs;
(D) the record and experience of the Fund in recovering Fund disbursements from liable parties;
(E) the record of State participation in the system of response, liability, and compensation established by this chapter;
(F) the impact of the taxes imposed by subchapter II 11 See References in Text note below. of this chapter on the Nation’s balance of trade with other countries;
(G) an assessment of the feasibility and desirability of a schedule of taxes which would take into account one or more of the following: the likelihood of a release of a hazardous substance, the degree of hazard and risk of harm to public health, welfare, and the environment resulting from any such release, incentives to proper handling, recycling, incineration, and neutralization of hazardous wastes, and disincentives to improper or illegal handling or disposal of hazardous materials, administrative and reporting burdens on Government and industry, and the extent to which the tax burden falls on the substances and parties which create the problems addressed by t
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9651
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Federal law — U.S. Code and appendices · legal_authorities
If any provision of this chapter, or the application of any provision of this chapter to any person or circumstance, is held invalid, the application of such provision to other persons or circumstances and the remainder of this chapter shall not be affected thereby. If an administrative settlement under [section 9622 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9622&num=0&edition=prelim) has the effect of limiting any person’s right to obtain contribution from any party to such settlement, and if the effect of such limitation would constitute a taking without just compensation in violation of the fifth amendment of the Constitution of the United States, such person shall not be entitled, under other laws of the United States, to recover compensation from the United States for such taking, but in any such case, such limitation on the right to obtain contribution shall be treated as having no force and effect.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9657
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Federal law — U.S. Code and appendices · legal_authorities
Page 585
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1364
lution Control Act [33 U.S.C. 1251 et seq.], the term
‘point source’ includes a landfill leachate collection
system.’’
Executive Documents
TERMINATION OF TRUST TERRITORY OF THE PACIFIC
ISLANDS
For termination of Trust Territory of the Pacific Is-
lands, see note set out preceding section 1681 of Title
48, Territories and Insular Possessions.
TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED
STATES
For extension of territorial sea and contiguous zone
of United States, see Proc. No. 5928 and Proc. No. 7219,
respectively, set out as notes under section 1331 of Title
43, Public Lands.
§ 1363. Water Pollution Control Advisory Board
(a) Establishment; composition; terms of office
(1) There is hereby established in the Environ-
mental Protection Agency a Water Pollution
Control Advisory Board, composed of the Ad-
ministrator or his designee, who shall be Chair-
man, and nine members appointed by the Presi-
dent, none of whom shall be Federal officers or
employees. The appointed members, having due
regard for the purposes of this chapter, shall be
selected from among representatives of various
State, interstate, and local governmental agen-
cies, of public or private interests contributing
to, affected by, or concerned with pollution, and
of other public and private agencies, organiza-
tions, or groups demonstrating an active inter-
est in the field of pollution prevention and con-
trol, as well as other individuals who are expert
in this field.
(2)(A) Each member appointed by the Presi-
dent shall hold office for a term of three years,
except that (i) any member appointed to fill a
vacancy occurring prior to the expiration of the
term for which his predecessor was appointed
shall be appointed for
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1364
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