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§117 13 40 CFR Ch. 1 (7-1-93 Edition) Environmental Protection Agency §117.23
<br /> (2) The permit contains a require- otherwise received written permission suarit to§117.21 (except in the case of a (f) and (g) of the Act, to the United
<br /> ment that the substance and amounts from the owners or operators of the discharge beyond the contiguous zone, States Government for the actual costs
<br /> of the substance, as identified in POTW to discharge that quantity, and where the person in charge of a vessel incurred in the removal of such sub-
<br /> §117.12(c)(1)(i) and §117.12(c)(1)(ii) be the mobile source can show that prior is not otherwise subject to the jurisdic- stance,subject only to the defenses and
<br /> treated pursuant to §117.12(c)(1)(iii) in to accepting the substance from an in- tion of the United States) shall be sub- monetary limitations enumerated in
<br /> the event of an on-site release; and dustrial discharger, the substance had ject to a fine of not more than $10,000 section 311 (f) and(g)of the Act.
<br /> (3)The treatment to be provided is in been treated to comply with any efflu- or imprisonment for not more than one The Administrator may act to mitigate
<br /> place. ent limitation under sections 301,302 or year, or both, pursuant to section the damage to the public health or wel-
<br /> (d) A discharge is a "continuous or 306 or pretreatment standard under 311(b)(5). fare caused by a discharge and the cost
<br /> anticipated intermittent discharge section 307 applicable to that facility. .(c) The owner, operator or person in of such mitigation shall be considered
<br /> from a point source, identified in a per- charge of a vessel or an onshore or off- a cost incurred under section 311(c) for
<br /> mit or permit application under sec- §117.14 Demonstration projects. shore facility from which is discharged the removal of that substance by the
<br /> tion 402 of this Act, and caused by Notwithstanding any other provision a hazardous substance designated in 40 United States Government.
<br /> events occurring within the scope of of this part, the Administrator of the CFR part 116 in a quantity equal to or
<br /> the relevant operating or treatment Environmental Protection Agency exceeding in any 24-hour period, the re-
<br /> systems," whether or not the discharge may, on a case-by-case basis, allow the portable quantity established in this
<br /> is in compliance with the permit, if: discharge of designated hazardous sub- part (except in the case of a discharge
<br /> (1) The hazardous substance is dis- stances in connection with research or beyond the contiguous zone, where the
<br /> charged from a point source for which demonstration projects relating to the person in charge of a vessel is not oth-
<br /> a valid permit exists or for which a per- prevention, control, or abatement of erwise subject to the jurisdiction of the
<br /> mit application has been submitted; hazafdous substance pollution. The Ad- United States, shall be assessed a civil
<br /> and ministrator will allow such a discharge penalty of up to $5,000 per violation
<br /> (2) The discharge of the hazardous only where he determines that the ex- under section 311(b)(6)(A). Alter-
<br /> substance results from: pected environmental benefit from natively, upon a determination by the
<br /> (i) The contamination of noncontact such a discharge will outweigh the po- Administrator, a civil action will be
<br /> tential hazard associated with the dis-
<br /> commenced under section 311(b)(6){B}
<br /> cooling water or storm water, provided
<br /> that such cooling water or storm water charge. to impose a penalty not to exceed
<br /> is not contaminated by an on-site spill 550,000 unless such discharge is the re-
<br /> of a hazardous substance: or Subpart C--Notice of Discharge of sult of willful negligence or willful
<br /> (11) A continuous or anticipated a Reportable Quantity misconduct within the privity and
<br /> intermittent discharge of process waste knowledge of the owner, operator, or
<br /> water, and the discharge originates §117.21 Notice. person in charge, in which case the
<br /> within the manufacturing or treatment Any person in charge of a vessel or penalty shall not exceed 5250,000.
<br /> systems; or an onshore or an offshore facility shall, Norm:The Administrator will take Into ac-
<br /> (iii) An upset or failure of a treat- as scop as he has knowledge of any dis count the gravity of the offense and thestandard of care manifest by the owner, op-
<br /> ment system or of a process producing charge of a designated hazardous sub- erator, or person In charge in determining
<br /> a continuous or anticipated intermit- stance from such vessel or facility in whether a civil action will be commenced
<br /> tent discharge where the upset or fail- quantities equal to or exceeding in any under section 311(b)(6)(S).The gravity of the
<br /> ure results from a control problem, an 24-hour period the reportable quantityi offense will be interpreted to include the size
<br /> operator error, a system failure or mal- determined by this part, immediately of the discharge. the degree of danger or
<br /> function, an equipment or system notify the appropriate agency of the vharm ir a tonheinublic health,
<br /> safety.
<br /> fety.onr theof en-
<br /> startup or shutdown, an equipment United States Government of such dis- won dent. Including
<br /> and dispersal wash, or a production schedule change, charge. Notice shall be given in accord- character-
<br /> isticsicity, of the substance, previous spill his-
<br /> provided that such upset or failure is ance with such procedures as the Sec-
<br /> toryand previous violation of any spill pre-
<br /> not caused by an on-site spill of a hoz- retary of Transportation has set forth vention regulations. Particular emphasis
<br /> ardous substance. in 33 CFR 153.203. This provision ap 4 will be placed on the standard of care and
<br /> f tent o[ mitigation efforts manifest by the
<br /> plies to all discharges not specifically
<br /> 144 FR 50776, Aug. 29, 1979, as amended at 44 excluded or reserved by another section owner,operator,or person in charge.
<br /> FA 58910,Oct. 12,1519) of these regulations. (57 FR 52706,Nov.4,1992)
<br /> §117.23 Liabilities for removal.
<br /> §11 from Applicability
<br /> t owned to discharges
<br /> are t ment §117.22 Applicability
<br /> 1n any case where a substance des-
<br /> works
<br /> (a) Applicability of section. This sec-
<br /> works and their usem tion shall apply to violations specified ignated as hazardous in 40 CFR part 116
<br /> (a)tPeservedj in paragraphs(b)and(c) of this section is discharged from any vessel or on-
<br /> (b)These regulations apply to all dis- which occurred prior to August 18, 1990. shore or offshore facility in a quantity
<br /> charges of reportable quantities to a (b) Any person in charge of a vessel equal to or exceeding the reportable
<br /> POTW, where the discharge originates or an onshore or offshore facility who 4 quantity determined by this part, the
<br /> from a mobile source, except where fails to notify the United States Gov- owner, operator or person in charge
<br /> such source has contracted with, or ernment of a prohibited discharge pur- will be liable, pursuant to section 311
<br />
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