Page:United States Statutes at Large Volume 91.djvu/1639

From Wikisource
Jump to: navigation, search
This page needs to be proofread.
PUBLIC LAW 95-000—MMMM. DD, 1977

PUBLIC LAW 95-217—DEC. 27, 1977

91 STAT. 1605

" (n) Nothing in this section shall be construed to limit the authority of the Administrator to take action pursuant to section 309 of this Act. 33 USC 1319. " (o) A copy of each permit application and each permit issued under Copies, this section shall be available to the public. Such permit application or availability to portion thereof, shall further be available on request for the purpose public. of reproduction. "(p) Compliance with a permit issued pursuant to this section, including any activity carried out pursuant to a general permit issued under this section, shall be deemed compliance, for purposes of sec33 USC 1365. tions 309 and 505, with sections 301,307 and 403. 1592. "(q) Not later than the one-hundred-eightieth day after the date of Ante, sp. 1311, enactment of this subsection, the Secretary shall enter into agreements 33 u e 1317, 1343. with the Administrator, the Secretaries of the Departments of Agri- Agreements with culture, Commerce, Interior, and Transportation, and the heads of Federal agencies. other appropriate Federal agencies to minimize, to the maximum extent practicable, duplication, needless paperwork, and delays in the issuance of permits under this section. Such agreements shall be developed to assure that, to the maximum extent practicable, a decision with respect to an application for a permit under subsection (a) of this section will be made not later than the ninetieth day after the date the notice for such application is published under suDsection (a) of this section. "(r) The discharge of dredged or fill material as part of the construction of a Federal project specifically authorized by Congress, whether prior to or on or after the date of enactment of this subsection, is not prohibited by or otherwise subject to regulation under this section, or a State program approved under this section, or section 301(a) or 402 of the Act (except for effluent standards or prohibitions under 33 USC 1342. section 307), if information on the effects of such discharge, including consideration of the guidelines developed under subsection (b)(1) of this section, is included in an environmental impact statement for such project pursuant to the National Environmental Policy Act of 1969 and such environmental impact statement has been submitted to 42 USC 4321 Congress before the actual discharge of dredged or fill material in note. connection with the construction of such project and prior to either authorization of such project or an appropriation of funds for such construction. "(s)(1) Whenever on the basis of any information available to him Violations, the Secretary finds that any person is in violation of any condition or eompliance limitation set forth in a permit issued by the Secretary under this order, notice. section, the Secretary shall issue an order requiring such person to comply with such condition or limitation, or the Secretary shall bring a civil action in accordance with paragraph (3) of this subsection. "(2) A copy of any order issued under this subsection shall be sent immediately by the Secretary to the State in which the violation occurs and other affected States. Any order issued under this subsection shall be by personal service and shall state with reasonable specificity the nature of the violation, specify a time for compliance, not to exceed thirty days, which the Secretary determines is reasonable, taking into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. In any case in which an order under this subsection is issued to a corporation, a copy of such order shall be served on any appropriate corporate officers. "(3) The Secretary is authorized to commence a civil action for Judicial relief, appropriate relief, including a permanent or temporary injunction for notice. any violation for which he is authorized to issue a compliance order under paragraph (1) of this subsection. Any action under this para-