Prescribes minimum additional penalties for catastrophic events of pollutant releases that result in serious human injury or death or serious environmental damage (or the potential for such injury, death, or damage) or in both serious human injury or death and in serious environmental damage. Bases penalties on the amounts of hazardous air pollutants, criteria air pollutants (as defined under the Clean Air Act), or ozone-depleting substances emitted, or hazardous substances released, in the course of the event, with the highest penalties for cases in which injury or death and environmental damage occur.
Authorizes the Administrator of the Environmental Protection Agency (EPA), with respect to any person responsible for creating a condition that may present an imminent and substantial endangerment to human health or the environment in violation of an environmental law, to issue an administrative order or bring a civil action seeking relief as necessary to protect human health or the environment. Limits the maximum relief to $10 million, to be paid into the EPA Health and Environmental Trust Fund. Makes the Trust Fund available to pay costs incurred by the Federal Government in addressing a health or environmental threat for which a fine was collected under this section and in accordance with the statutory authority under which the action seeking payment was initiated.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2934 Introduced in Senate (IS)]
106th CONGRESS
2d Session
S. 2934
To provide for the assessment of an increased civil penalty in a case
in which a person or entity that is the subject of a civil
environmental enforcement action has previously violated an
environmental law or in a case in which a violation of an environmental
law results in a catastrophic event.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 26, 2000
Mr. Torricelli introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To provide for the assessment of an increased civil penalty in a case
in which a person or entity that is the subject of a civil
environmental enforcement action has previously violated an
environmental law or in a case in which a violation of an environmental
law results in a catastrophic event.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Zero Tolerance for Repeat Polluters
Act of 2000''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) if a person or entity that is the subject of a civil
enforcement action under an environmental law has previously
violated an environmental law at the same site or facility or
for the same regulated activity, the person or entity--
(A) was apparently not deterred by the previous
Federal or State enforcement action; and
(B) should be subject to an additional penalty to
achieve the goal of deterrence; and
(2) because of the daily penalty maximums specified in
environmental law in effect on the date of enactment of this
Act, the penalty assessed for a violation that results in a
single catastrophic event may not be great enough to reflect
the serious actual or potential public health or environmental
consequences of the violation.
(b) Purpose.--The purpose of this Act is to provide for the
assessment of an increased civil penalty in a case in which--
(1) a person or entity that is the subject of a civil
environmental enforcement action has previously violated an
environmental law at the same site or facility or for the same
regulated activity; or
(2) a violation of an environmental law results in a
catastrophic event.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means--
(A) the Administrator of the Environmental
Protection Agency; and
(B) to the extent that a State has been delegated,
authorized, or approved authority to enforce an
environmental law, the State.
(2) Environmental law.--The term ``environmental law''
means any of the following laws (including any regulation,
permit, or other requirement, any administrative or judicial
judgment, settlement agreement, order or decree on consent, and
any administrative or judicial order issued or imposed under
any such law):
(A) The Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.).
(B) The Toxic Substances Control Act (15 U.S.C.
2601 et seq.).
(C) The Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.).
(D) The Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.).
(E) The Act to Prevent Pollution from Ships (33
U.S.C. 1901 et seq.).
(F) The Shore Protection Act of 1988 (33 U.S.C.
2601 et seq.).
(G) The Safe Drinking Water Act (42 U.S.C. 300f et
seq.).
(H) The Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.).
(I) The Clean Air Act (42 U.S.C. 7401 et seq.).
(J) The Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.).
(K) The Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11001 et seq.).
(L) Chapter 51 of title 49, United States Code.
(M) Chapter 601 of title 49, United States Code.
(3) Person.--The term ``person'' means a person, site or
facility owner or operator, or other responsible party
identified under a law listed in paragraph (2).
(4) Related party.--The term ``related party'' means--
(A) a person having a relationship described in
Section 267(b) of the Internal Revenue Code of 1986 to
the owner or operator; and
(B) a predecessor of the owner or operator
(including, in the case of a merger of 2 or more
independent corporations, each of the previously
independent corporations).
(5) Repeat violation.--The term ``repeat violation'' means
the violation by a repeat violator that is the subject of a
finding and enforcement action, criminal action, or other
agency action described in paragraph (6).
(6) Repeat violator.--The term ``repeat violator'' means a
person that has been found, in a final Federal or State
administrative, criminal, or civil judicial action, order,
settlement agreement, or consent decree, to have violated--
(A) the same environmental law at the same site or
facility or for the same regulated activity at least
twice during the preceding 5-year period; or
(B) any environmental law at the same site or
facility or for the same regulated activity at least
twice during the preceding 3-year period.
SEC. 4. ADDITIONAL PENALTY FOR REPEAT VIOLATIONS.
(a) In General.--In a civil judicial or administrative proceeding
brought against a repeat violator for a subsequent violation of the
same environmental law or separate environmental laws at 1 or more
sites or facilities owned or operated by the repeat violator, or for
violations for the same regulated activity under 1 or more
environmental laws, the repeat violator shall be assessed up to--
(1) an additional penalty of 25 percent of the maximum
penalty assessable per day of violation for the first repeat
violation under the applicable environmental law;
(2) an additional penalty of 50 percent of the maximum
penalty assessable per day of violation for the second repeat
violation under the applicable environmental law; and
(3) an additional penalty of 100 percent of the maximum
penalty assessable per day of violation under the applicable
environmental law for the third and each subsequent violation.
(b) Transfer of Ownership or Operation.--The transfer of ownership
or operation of a site or facility by the owner or operator of the site
or facility to a related party shall not affect the liability of the
owner or operator with respect to a repeat violation under this
section.
SEC. 5. ADDITIONAL PENALTY FOR CATASTROPHIC EVENTS.
(a) Definitions.--In this section:
(1) Catastrophic event.--The term ``catastrophic event''
means a release of pollutants under any environmental law that
results in--
(A) the potential for serious human injury or
death, or serious environmental damage; or
(B) serious human injury or death, or serious
environmental damage.
(2) Criteria air pollutant.--The term ``criteria air
pollutant'' means an air pollutant listed under section 108 of
the Clean Air Act (42 U.S.C. 7408).
(3) Hazardous air pollutant.--The term ``hazardous air
pollutant'' has the meaning given the term in section 112(a) of
the Clean Air Act (42 U.S.C. 7412(a)).
(4) Hazardous substance.--The term ``hazardous substance''
has the meaning given the term in section 101 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601).
(5) Ozone-depleting substance.--The term ``ozone-depleting
substance'' means a class I substance or a class II substance,
as defined in section 601 of the Clean Air Act (42 U.S.C.
7671).
(b) Additional Penalty.--
(1) In general.--In addition to a civil penalty assessed in
a judicial or administrative proceeding under another
environmental law, the Administrator shall assess an additional
penalty for each catastrophic event against the violator--
(A) in the case of a catastrophic event that
results in the potential for serious human injury or
death, or serious environmental damage, but that does
not have a result described in subparagraph (B) or (C),
a minimum of--
(i) $10,000 per pound of hazardous air
pollutant emitted in the course of the
catastrophic event;
(ii) $10,000 per ton of criteria air
pollutant or ozone-depleting substance emitted
in the course of the catastrophic event; and
(iii) $10,000 for each quantity of
hazardous substance equal to the reportable
quantity of the hazardous substance, as
specified in parts 117 and 302, title 40, Code
of Federal Regulations (or any successor
regulation), released in the course of the
catastrophic event;
(B) in the case of a catastrophic event that
results either in a serious human injury or death, or
in serious environmental damage, a minimum of--
(i) $15,000 per pound of hazardous air
pollutant emitted in the course of the
catastrophic event; and
(ii) $15,000 per ton of criteria air
pollutant or ozone-depleting substance emitted
in the course of the catastrophic event; and
(iii) $15,000 for each quantity of
hazardous substance equal to the reportable
quantity of the hazardous substance, as
specified in parts 117 and 302, title 40, Code
of Federal Regulations (or any successor
regulation), released in the course of the
catastrophic event; and
(C) in the case of a catastrophic event that
results both in a serious human injury or death and in
serious environmental damage, a minimum of--
(i) $25,000 per pound of hazardous air
pollutant emitted in the course of the
catastrophic event;
(ii) $25,000 per ton of criteria air
pollutant or ozone-depleting substance emitted
in the course of the catastrophic event; and
(iii) $25,000 for each quantity of
hazardous substance equal to the reportable
quantity of the hazardous substance, as
specified in parts 117 and 302, title 40, Code
of Federal Regulations (or any successor
regulation), released in the course of the
catastrophic event.
(2) Air pollutants falling within multiple categories.--For
the purpose of determining an additional civil penalty under
paragraph (1), if an air pollutant is both a hazardous air
pollutant and a criteria air pollutant, hazardous substance, or
ozone-depleting substance, the air pollutant shall be
considered to be a hazardous air pollutant.
(c) Preventive Measures.--In addition to any measures required to
be implemented under any other provision of law, the Administrator may
require in an order, consent decree, settlement agreement, permit, or
other enforceable mechanism that a violator against which a penalty is
assessed under subsection (b) shall implement preventive measures,
including additional monitoring, recordkeeping, reporting, training,
and other design, equipment, work practice, and operational
requirements.
SEC. 6. PRESERVATION OF AUTHORITY.
Nothing in this Act limits the authority of the Administrator--
(1) to assess appropriate penalties, on consideration of
relevant factors, under any environmental law; or
(2) to impose more stringent requirements and penalties or
exercise any civil or criminal authority in the case of repeat
violators or catastrophic events.
SEC. 7. EMERGENCY ORDER AND CIVIL ACTION PENALTY AUTHORITY.
(a) In General.--Notwithstanding any other provision of law, the
Administrator may, with respect to any person or entity responsible for
creating a condition that may present an imminent and substantial
endangerment to human health or the environment in violation of an
environmental law, issue an administrative order or bring a civil
action in United States District Court, seeking such relief as is
necessary to protect human health or the environment.
(b) Penalty.--A person or entity described in subsection (a) may be
fined not less than $25,000 and not more than $10,000,000, to be paid
into the Health and Environment Trust Fund of the Environmental
Protection Agency.
(c) Availability of Funds.--The Administrator shall make funds in
the Health and Environmental Trust Fund available for withdrawals,
without further Act of appropriation, in an amount not to exceed
$500,000 for each project, to pay costs incurred by the Federal
Government in addressing a health or environmental threat--
(1) for which a fine was collected under subsection (b);
and
(2) in accordance with the statutory authority under which
the action seeking payment of the fine was initiated.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S7674)
Read twice and referred to the Committee on Environment and Public Works.
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