[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.
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