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<br />^ <br /> <br />of this subsection, is not prohibited by or otherwise subject <br />to regulation under this section, or-a-Sea~e-~roqr~m-~~prev~d <br />~nder-~ft~s-see~ion7 or section 301(a) or 402 of the Act (except <br />for effluent standards or prohibitions under section 307), if <br />information on the effects of such discharge, including con- <br />sideration of the guidelines developed under subsection (b) (1) <br />of this section, is included in an environmental impact state- <br />ment for such project pursuant to the National Environmental <br />Policy Act of 1969 and such environmental impact statement has <br />been submitted to Congress before the actual discharge of dredged <br />or fill material in connection with the construction of such <br />project and prior to either authorization of such project or <br />an appropriation of funds for such construction. <br /> <br />tst (m) (1) Whenever on ~he basis of any information avail- <br />able to him the Secretary finds that any person is in violation <br />of any condition or limitation set forth in a permit issued by <br />the Secretary under this section, the Secretary shall issue an <br />order requiring such person to comply with such condition or <br />limitation, or the Secretary shall bring a civil action in accor- <br />dance with paragraph (3) of this subsection. <br /> <br />(2) A copy of any order issued under this subsection shall <br />be sent i~~ediately by the Secretary to the State in which the <br />violatic~ u~~~~3 u~~ cthe~ affected States. Any order issued <br />under this subsection shall be by personal service and shall <br />state with reasonable specificity the nature of the violation, <br />specj.f~ a time for compliance, not to exceed thirty days, which <br />the Secretary determines is reasonable, taking into account the <br />seriousness of the violation and any good faith efforts to comply <br />wicn a?pllC~Dle requir~ffi~~~3. in any case in which an order <br />under this subsection is issued to a corporation, a copy of such <br />order shall be served on any appropriate corporate officers. <br /> <br />(3) The Secretary is authorized to commence a civil action <br />for appropriate relief, including a permanent or temporary injunc- <br />tion for any violation for which he is authorized to issue a com- <br />pliance order under paragraph (1) of this subsection. Any action <br />under this paragraph may be brought in the district court of the <br />United States for the district in which the defendant is located <br />or resides or is doing business, and such court shall have juris- <br />diction to restrain such violation and to require compliance. <br />Notice of the commencement of such action shall be given immediately <br />to the appropriate State. <br /> <br />(4) (A) Any person who willfully or negligently violates <br />any condition or limitation in a permit issued by the Secretary <br />under this section shall be punished by a fine of not less than <br />$2,500 nor more than $25,000 per day of violation, or by imprison- <br />ment for not more than one year, or by both. If the conviction <br />is for a violation committed after a first conviction of such <br />person under this paragraph, punishment shall be by a fine of not <br /> <br />9 <br />