42 U.S.C. § 7920 — Enforcement

Page 7501 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7922 1983—Subsec. (a)(2). Pub. L. 97–415, § 18(b)(2), struck out provision that no such remedial action could be un- dertaken under this section before the promulgation by the Administrator of general standards pursuant to section 275 a. of the Atomic Energy Act of 1954. Subsec. (a)(3). Pub. L. 97–415, § 18(b)(1), added par. (3). § 7919. Rules The Secretary may prescribe such rules con- sistent with the purposes of this chapter as he deems appropriate pursuant to title V of the De- partment of Energy Organization Act [42 U.S.C. 7191 et seq.]. (Pub. L. 95–604, title I, § 109, Nov. 8, 1978, 92 Stat. 3030.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 95–604, Nov. 8, 1978, 92 Stat. 3021, known as the Uranium Mill Tailings Radiation Control Act of 1978. For complete classification of this Act to the Code, see Short Title note under section 7901 of this title and Tables. The Department of Energy Organization Act, referred to in text, is Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565. Title V of the Department of Energy Organization Act is classified generally to subchapter V (§ 7191 et seq.) of chapter 84 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables. § 7920. Enforcement (a) Civil penalty; appellate review; action to re- cover civil penalty; sovereign immunity; eq- uitable remedies (1) Any person who violates any provision of this subchapter or any cooperative agreement entered into pursuant to this subchapter or any rule prescribed under this chapter concerning any designated processing site, disposition site, or remedial action shall be subject to an assess- ment by the Secretary of a civil penalty of not more than $1,000 per day per violation. Such as- sessment shall be made by order after notice and an opportunity for a public hearing, pursuant to section 554 of title 5. (2) Any person against whom a penalty is as- sessed under this section may, within sixty cal- endar days after the date of the order of the Sec- retary assessing such penalty, institute an ac- tion in the United States court of appeals for the appropriate judicial circuit for judicial re- view of such order in accordance with chapter 7 of title 5. The court shall have jurisdiction to enter a judgment affirming, modifying, or set- ting aside in whole or in part, the order of the Secretary, or the court may remand the pro- ceeding to the Secretary for such further action as the court may direct. (3) If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, the Secretary shall insti- tute an action to recover the amount of such penalty in any appropriate district court of the United States. In such action, the validity and appropriateness of such final assessment order or judgment shall not be subject to review. Sec- tion 7172(d) of this title shall not apply with re- spect to the functions of the Secretary under this section. (4) No civil penalty may be assessed against the United States or any State or political sub- division of a State or any official or employee of the foregoing. (5) Nothing in this section shall prevent the Secretary from enforcing any provision of this subchapter or any cooperative agreement or any such rule by injunction or other equitable rem- edy. (b) Atomic energy licensing requirements Subsection (a) shall not apply to any licensing requirement under the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.]. Such licensing re- quirements shall be enforced by the Commission as provided in such Act. (Pub. L. 95–604, title I, § 110, Nov. 8, 1978, 92 Stat. 3030.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(1), was in the original ‘‘this Act’’, meaning Pub. L. 95–604, Nov. 8, 1978, 92 Stat. 3021, known as the Uranium Mill Tailings Radiation Control Act of 1978. For complete classifica- tion of this Act to the Code, see Short Title note under section 7901 of this title and Tables. The Atomic Energy Act of 1954, referred to in subsec. (b), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified prin- cipally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. § 7921. Public participation; public hearings In carrying out the provisions of this sub- chapter, including the designation of processing sites, establishing priorities for such sites, the selection of remedial actions, and the execution of cooperative agreements, the Secretary, the Administrator, and the Commission shall en- courage public participation and, where appro- priate, the Secretary shall hold public hearings relative to such matters in the States where processing sites and disposal sites are located. (Pub. L. 95–604, title I, § 111, Nov. 8, 1978, 92 Stat. 3031.) § 7922. Termination of authority of Secretary (a) Exceptions; ‘‘byproduct material’’ defined (1) The authority of the Secretary to perform remedial action under this subchapter shall ter- minate on September 30, 1998, except that— (A) the authority of the Secretary to per- form groundwater restoration activities under this subchapter is without limitation, and (B) the Secretary may continue operation of the disposal site in Mesa County, Colorado (known as the Cheney disposal cell) for receiv- ing and disposing of residual radioactive mate- rial from processing sites and of byproduct material from property in the vicinity of the uranium milling site located in Monticello, Utah, until the Cheney disposal cell has been filled to the capacity for which it was de- signed, or September 30, 2031, whichever comes first. (2) For purposes of this subsection, the term ‘‘byproduct material’’ has the meaning given that term in section 2014(e)(2) of this title.