Page:United States Statutes at Large Volume 88 Part 1.djvu/309

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

[88 STAT. 265]
PUBLIC LAW 93-000—MMMM. DD, 1975
[88 STAT. 265]

88 STAT. ]

PUBLIC LAW 93-319-JUNE 22, 1974

265

(2) Whoever willfully violates any provision of subsection (a) shall be fined not more than $5,000 for each violation. (3) I t shall be unlawful for any person to offer for sale or distribute in commerce any coal in violation of an order or regulation issued pursuant to section 2(d). Any person who knowingly and willfully violates this paragraph after having been subjected to a civil penalty for a prior violation of the same provision of any order or regulation issued pursuant to section 2(d) shall be fined not more than $50,000, or imprisoned not more than six months, or both. (4) Whenever it appears to the Federal Energy Administrator or any person authorized by the Federal Energy Administrator to exercise authority under this section 2 or section 11 of this Act that any individual or organization has engaged, is engaged, or is about to engage in acts or practices constituting a violation of subsection (a) the Federal Energy Administrator or such person may request the Attorney General to bring a civil action to enjoin such acts or practices, and upon a proper showing, a temporary restraining order or a preliminary or permanent injunction shall be granted without bond. In such action, the court may also issue mandatory injunctions commanding any person to comply with any provision, the violation of which is prohibited by subsection (a). (5) Any person suffering legal wrong because of any act or practice arising out of any violation of subsection (a) may bring a civil action for appropriate relief, including an action for a declaratory judgment or writ of injunction. United States district courts shall have jurisdiction of actions under this paragraph without regard to the amount in controversy. Nothing in this paragraph shall authorize any person to recover damages. SEC. 13. EXTENSION OF CLEAN AIR ACT AUTHORIZATION. (a) Section 104(c) of the Clean Air Act is amended by striking "and '^^ "^^'^^^^'^' $150,000,000 for the fiscal year ending June 30, 1974" and inserting in lieu thereof ", $150,000,000 for the fiscal year ending June 30, 1974, and $150,000,000 for the fiscal year ending June 30, 1975." (b) Section 212(i) of such Act is amended by striking "three ^^^ ^^^ ^^^^^" succeeding fiscal years." and inserting in lieu thereof "four succeeding fiscal years.". (c) Section 316 of such Act is amended by striking "and $300,000,000 ^2 USC i%sn. for the fiscal year ending June 30, 1974" and inserting in lieu thereof ", $300,000,000 for the fiscal year endin<T June 30, 1974, and $300,000,000 for the fiscal year ending June 30, 1975". SEC. 14. DEFINITIONS. is use 798. (a) For purposes of this Act and the Clean Air Act the term 42 USC iss? "Federal Energy Administrator" means the Administrator of the note. Federal Energy Administration established by Federal Energy Administration Act of 1074 (Public Law 93-275); except that until Ante, p. 96. such Administrator takes office and after such Administration ceases to exist, such term means any officer of the United States designated as Federal Energy Administrator by the President for purposes of this Act and section 119 of the Clean Air Act. ' ^"'e, p. 248. (b) For purposes of this Act, the term "petroleum product" means crude oil, residual fuel oil, or any refined petroleum product (as defined in section 3(5) of the Emergency Petroleum Allocation Act of 1973).

Approved June 22, 1974.

15 USC 752.