42 U.S.C. § 11044 — Public availability of plans, data sheets,

Page 8110 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11044 1 So in original. Probably should be ‘‘subsections’’. 1 So in original. Probably should not be capitalized. subsection (a) or (c), be required to agree in a written confidentiality agreement that he will not use the information for any purpose other than the health needs asserted in the statement of need, except as may otherwise be authorized by the terms of the agreement or by the person providing such information. Nothing in this sub- section shall preclude the parties to a confiden- tiality agreement from pursuing any remedies to the extent permitted by law. (e) Regulations As soon as practicable after October 17, 1986, the Administrator shall promulgate regulations describing criteria and parameters for the state- ment of need under subsection 1 (a) and (c) and the confidentiality agreement under subsection (d). (Pub. L. 99–499, title III, § 323, Oct. 17, 1986, 100 Stat. 1750.) § 11044. Public availability of plans, data sheets, forms, and followup notices (a) Availability to public Each emergency response plan, material safe- ty data sheet, list described in section 11021(a)(2) of this title, inventory form, toxic chemical re- lease form, and followup emergency notice shall be made available to the general public, con- sistent with section 11042 of this title, during normal working hours at the location or loca- tions designated by the Administrator, Gov- ernor, State emergency response commission, or local emergency planning committee, as appro- priate. Upon request by an owner or operator of a facility subject to the requirements of section 11022 of this title, the State emergency response commission and the appropriate local emer- gency planning committee shall withhold from disclosure under this section the location of any specific chemical required by section 11022(d)(2) of this title to be contained in an inventory form as tier II information. (b) Notice of public availability Each local emergency planning committee shall annually publish a notice in local news- papers that the emergency response plan, mate- rial safety data sheets, and inventory forms have been submitted under this section. The no- tice shall state that followup emergency notices may subsequently be issued. Such notice shall announce that members of the public who wish to review any such plan, sheet, form, or followup notice may do so at the location designated under subsection (a). (Pub. L. 99–499, title III, § 324, Oct. 17, 1986, 100 Stat. 1752.) § 11045. Enforcement (a) Civil penalties for emergency planning The Administrator may order a facility owner or operator (except an owner or operator of a fa- cility designated under section 11002(b)(2) of this title) to comply with section 11002(c) of this title and section 11003(d) of this title. The United States district court for the district in which the facility is located shall have jurisdiction to enforce the order, and any person who violates or fails to obey such an order shall be liable to the United States for a civil penalty of not more than $25,000 for each day in which such violation occurs or such failure to comply continues. (b) Civil, administrative, and criminal penalties for emergency notification (1) Class I administrative penalty (A) A civil penalty of not more than $25,000 per violation may be assessed by the Adminis- trator in the case of a violation of the require- ments of section 11004 of this title. (B) No civil penalty may be assessed under this subsection unless the person accused of the violation is given notice and opportunity for a hearing with respect to the violation. (C) In determining the amount of any pen- alty assessed pursuant to this subsection, the Administrator shall take into account the na- ture, 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, eco- nomic benefit or savings (if any) resulting from the violation, and such other matters as justice may require. (2) Class II administrative penalty A civil penalty of not more than $25,000 per day for each day during which the violation continues may be assessed by the Adminis- trator in the case of a violation of the require- ments of section 11004 of this title. In the case of a second or subsequent violation the amount of such penalty may be not more than $75,000 for each day during which the violation continues. Any civil penalty under this sub- section shall be assessed and collected in the same manner, and subject to the same provi- sions, as in the case of civil penalties assessed and collected under section 2615 of title 15. In any proceeding for the assessment of a civil penalty under this subsection the Adminis- trator may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents and may promulgate rules for discovery proce- dures. (3) Judicial assessment The Administrator may bring an action in the United States District 1 court for the ap- propriate district to assess and collect a pen- alty of not more than $25,000 per day for each day during which the violation continues in the case of a violation of the requirements of section 11004 of this title. In the case of a sec- ond or subsequent violation, the amount of such penalty may be not more than $75,000 for each day during which the violation con- tinues. (4) Criminal penalties Any person who knowingly and willfully fails to provide notice in accordance with sec- tion 11004 of this title shall, upon conviction, be fined not more than $25,000 or imprisoned for not more than two years, or both (or in the