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EPA INTERIAWREGULATIONSON CIVIL PENALMES FOR VIOLATIONS OF OIL POLLUTION PREVENTION • (40 CFR 114; 39 FR 31602.�Aiirja 29,1974) y PAW 114 OCML IL Lnn FOR VK" TIONS PftrjWW" REGULATION kostimftrAMM w '&m. $1111). ger(a). Pub. taw W stat. eaa, gas p& VS.O. UN(I). rssr(aj). Moir-TRAWBMTATIM PJUTU OIIMBIMORM "m 1114.1 General applieahility Owners or tole of facilities mb- JGCt to i 112J (a). (b) or (o) of this sub - Chapter who violate the requirements of Fart 112 of sW of this S ter D by falling or using 1, with any at t Provisions of 1112.3. 112.4, or 112.8 ot this subehapter shall be liable for a civil Penalty Of not more than $8,000 for sub day such violation continues. Civil Pen- altim shall be Missessed and compromised In accordance with this Part. No penalty shall be &messed until the owner or oper- ator shall have been given notice and an opportunity for hearing In &not with this Part. 1114.2 Violation, Owners or operators of facilities be liable for a civil penalty for non- compliance with theFart 112 of this tib In hiding of but not limited to failure to,' (a) Prepare a Spill PreventIon Oon- trol and Countermeasure (SPM) pian 1n accordance with i 112.3 of this sub- chapter: (b) Have a SPCC plan cWtUM by & Registered Professional Engineer an re- quired 11123 of this subchapter: (c) Implement the SPOC plan Y re- qUired 1112.3 of this sac ter; (d) Submit information after a spill asrequired by 1112.4 of this subchapter: (e) Amend Plan Y required by 1112.4 of this Ater: M Implement amendment Y required by 1112.4 of this subehapter. (g) Amend vim after change in fe- eMty design Y required by 1112.6 of this Ater: (h) Review plan every three required by 1112.5 of this subchapter: (1) Amend Vim after re Y re- quIred by 1112.8: or U) Have amendment catifted Y ro- quired 1112.5 of this subchapter and Implemented. 115.5Determination ofpeadly, penalty (a) 1 to beUsemed the followingthe t of g. Sore shall be considered: AD Gravity Of the violation: and �(2) f•Ith egah Walove ram 111tter noun_ cation K • to b) Mw amount of the ele0 Penalty may be settled by mice ata im the p be ameamd bUwe y Vw Regional where t b >� request far • VW - i 114.6 of The Notice of V101att= shall be seat to the person charged with a violation and shall specify the: (a) Date ofIssuance; (b) Nature of violation, Including the law or regulation that he L Charged with violating: (c) Amount of the maximum penalty: (d) Amount of the proposed civil pen- alty: (e) The right to present written ex- planations, information or any materials In answer to the charges or in mitiga- tion of the penalty. or bearing on the person's efforts to achieve compliance after notification of the violation; M Manner of the payment of any money which may be paid to the 'United Statbs: (g) Right to request a hearing: and (h) The Procedures for requesting a hearing including the right to be repre- seated by counsel. { 1143 Request for hearing. Within thirty (30) days of the date of receipt of a Notice of Violation, the per- son named In the Notice may request a h by submitting a written request signed by or on behalf of such person by a duly authorized oMcer, director, agent, Or attorney-in-fact, to the Regional Ad - tor. (a) Requests for hearings shall: (1) State the name and address of the Person requesting the hearing; �(2) Madom a copy of the Notice of Violation, V lation, and (3 State with particularity the issues to be raised by such person at the hear - Ing. (b) After`a request est•.for he which complies with the requirements W pars. graph (a) of this section has been Aled. A hearing shall be scheduled for the tarllest practicable date. 131:0971 (a)ZZ1140dom of the time for the nmencement at hearing may for good Cause be i 114.5 016ear. MW hearing shall be Conducted b7 the Pr Wring Oster. The Regional tutor may designate nay attorney In the Z'nviromnental Protection Agency to act Y the Presiding Officer. No person &hall serve Y a Pmddft Obiter where he has aa7 Prior with the an in. cluding w!thout limitation the perform am of to the or prosecuting func- UGM or my other such functions. The Presitift Ofika appointed shall have the full authority to conduct the decide kffum and to assess a civil penalty as appropriate 1114.7 CAnoolidsaun, t The Officer may. in his dis- cretion. order consolidation of any hear. Inge held under this Part and grising within one Region whenever he deter. mines that Consolidation will expedite or simplify the consideration of the issues Presented. The Administrator may. in his discretion. order consolidation. and designate one Region to be responsible for the conduct of any hearings held un- der this Part which arise in different Regions whenever he determines that consolidation will expedite or simplify the consideration of the issues presented. Consolidation &hall not affect the right Of any Person to raise issues that could have been _ If consolidation had not Occurred. At the conclusion of the hear. Ing the Presiding Officer shall render a separate decision for each separate civil penalty can. 1114.8 Prehearing conference. The Presiding Officer may hold one or more prehearing conferences and may Issue a hearing agenda which may in- clude, without limitation, decisions with regard to any or all the following: (a) Stipulations and admissions; (b) Disputed issues of fact; (c) hearing procedures including sub. mission of oral or written testimony and the time allotted for oral arguments; and (d) any other matter which may ex. pedite the hearing or aid in disposition Of any Issues raised therehL { 114.9 Conduct of hearing. The h shall be held in the gen. eral location of the facility where the alleged violation occurred or Y agreed to by ZPA and the person charged. The CoPyrisht 0 1974 by Tho Bureou of National Affairs, Inc. 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