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<br />.L......V.L lto...L.L.L......LJ....JJJ.....JJ..'" ....... un,", ...........L..... ..LJ'JJ1U...llJ5 "UL.....J. .LJ......L <br /> <br />imprisonment) under any Federal or State requirement adopted pursuant to <br />this title, but no department, agency, or instrumentality of the <br />executive, legislative, or judicial branch of the Federal Government <br />shall be subject to any such sanction. The President may exempt any <br />facility of any department, agency, or instrumentality in the executive <br />branch from compliance with such a requirement if he determines it to be <br />in the paramount interest of the United States to do so. No such <br />exemption shall be granted due to lack of appropriation unless the <br />President shall have specifically requested such appropriation as a part <br />of the budgetary process and the Congress shall have failed to make <br />available such requested appropriation. Any exemption shall be for a <br />period not in excess of 1 year, but additional exemptions may be granted <br />for periods not to exceed 1 year upon the President's making a new <br />determination. <<NOTE: President. Reports.>> The President shall report <br />each January to the Congress all exemptions from the requirements of <br />this section granted during the preceding calendar year, together with <br />his reason for granting each such exemption. <br /> <br />"(b) Administrative Penalty Orders.-- <br />"(1) In general.--If the Administrator finds that a Federal <br />agency has violated an applicable requirement under this title, <br />the Administrator may issue a penalty order assessing a penalty <br />against the Federal agency. <br />~~(2) Penalties.--The Administrator may, after notice to the <br />agency, assess a civil penalty against the agency in an amount <br />not to exceed $25,000 per day per violation. <br />"(3) Procedure.--Before an administrative penalty order <br />issued under this subsection becomes final, the Administrator <br />shall provide the agency an opportunity to confer with the <br />Administrator and shall provide the agency notice and an <br />opportunity for a hearing on the record in accordance with <br />chapters 5 and 7 of title 5, United States Code. <br />"(4) Public review.-- <br />"(A) In general.--Any interested person may obtain <br />review of an administrative penalty order issued under <br />this subsection. The review may be obtained in the <br />United States District Court for the District of <br />Columbia or in the United States District Court for the <br />district in which the violation is alleged to have <br />occurred by the filing of a complaint with the court <br />within the 3D-day period beginning on the date the <br />penalty order becomes final. The person filing the <br />complaint shall simultaneously send a copy of the <br />complaint by certified mail to the Administrator and the <br />Attorney General. <br />"(B) Record.--The Administrator shall promptly file <br />in the court a certified copy of the record on which the <br />order was issued. <br />"(C) Standard of review.--The court shall not set <br />aside or remand the order unless the court finds that <br />there is not substantial evidence in the record, taken <br />as a whole, to support the finding of a violation or <br />that the assessment of the penalty by the Administrator <br />constitutes an abuse of discretion. <br />"(D) Prohibition on additional penalties.--The <br />court may not impose an additional civil penalty for a <br /> <br />[[Page 110 STAT. 1662]J <br /> <br />violation that is subject to the order unless the court <br /> <br />http://www.epa.gov/safewater/sdwa/text.html <br /> <br />ra.=;c; J-J U.L OJ <br /> <br />12/20/2001 <br />