Page:United States Statutes at Large Volume 84 Part 2.djvu/357

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[84 STAT. 1687]
PUBLIC LAW 91-000—MMMM. DD, 1970
[84 STAT. 1687]

84 STAT. ]

PUBLIC LAW 91-604-DEC. 31, 1970

1687

" (b) The Administrator may commence a civil action for appropriate relief, including a permanent or temporary injunction, whenever any person— " (1) violates or fails or refuses to comply with any order issued under subsection (a); or "(2) violates any requirement of an applicable implementation plan during any period of Federally assumed enforcement more than 30 days after having been notified by the Administrator under subsection (a)(1) of a finding that such person is violating such requirement; or " (3) violates section 111(e) or 112 (c); or ^"'«' PP- less, " (4) fails or refuses to comply with any requirement of section 114. Inlra. Any action under this subsection may be brought in the district court Notice; u.s. of the United States for the district in which the defendant is located '^^^*"'* court. 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 to the appropriate State air pollution control agency. (c)(1) An^ person who knowingly— penalty. " (A) violates any requirement of an applicable implementation plan during any period of Federally assumed enforcement more than 30 days after having been notified by the Administrator under subsection (a)(1) that such person is violating such requirement, or " (B) violates or fails or refuses to comply with any order issued by the Administrator under subsection (a), or " (C) violates section 111(e) or section 112(c). shall be punished by a fine of not more than $25,000 per day of violation, or by imprisonment for not more than one year, or by both. If the conviction is for a violation committed after the first conviction of such person under this paragraph, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment for not more than two years, or by both. "(2) Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Act or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this Act, shall upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than six months, or by both. "INSPECTIONS, MONITORING, AND ENTRY

"SEC. 114. (a) For the purpose (i) of developing or assisting in the development of any implementation plan under section 110 or 111 (d), any standard of performance under section 111, or any emission standard under section 112, (ii) of determining whether any person is in violation of any such standard or any requirement of such a plan, or (iii) carrying out section 303— "(1) the Administrator may require the owner or operator of any emission source to (A) establish and maintain such records, (B) make such reports, (C) install, use, and maintain such monitoring equipment or methods, (D) sample such emissions (in accordance with such methods, at such locations, at such intervals, and in such manner as the Administrator shall prescribe), and (E) provide such other information as he may reasonably require; and "(2) the Administrator or his authorized representative, upon presentation of his credentials—

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