42 U.S.C. § 300h–2 — Enforcement of program

(a) Notice to state and violator; administrative order; civil action. (1) When a state has primary enforcement responsibility, if the Administrator finds that someone is violating a UIC program requirement, the Administrator must notify the state and the violator. If the state hasn't started proper enforcement within 30 days, the Administrator must either issue a compliance order under subsection (c) or file a civil action under subsection (b). (2) When a state does not have primary enforcement responsibility, if the Administrator finds a violation, the Administrator must issue a compliance order under subsection (c) or file a civil action under subsection (b). (b) Civil and criminal actions. Civil actions go to the appropriate U.S. district court, which can order compliance with a UIC program requirement or with a subsection (c) order, and enter whatever judgment protecting public health requires. Anyone who violates a UIC program requirement or a compliance order (1) faces a civil penalty of up to $25,000 per day of violation, and (2) if the violation is willful, may instead (or in addition) be imprisoned for up to 3 years, fined under title 18, or both. (c) Administrative orders. (1) For violations not involving oil/gas brine injection or secondary/tertiary oil and gas recovery injection (described in (A) and (B)), the Administrator may issue an order assessing a civil penalty of up to $10,000 per day of violation (capped at $125,000 total) and/or requiring compliance. (2) For violations that do involve oil/gas brine injection or secondary/tertiary recovery injection (described in (A) and (B)), the Administrator may issue an order assessing a civil penalty of up to $5,000 per day of violation (capped at $125,000 total) and/or requiring compliance. (3)(A) The Administrator must give the target of an order written notice and 30 days to request a hearing before issuing it. That hearing skips the formal procedures in title 5 sections 554 and 556, but must give a real chance to be heard and present evidence. (B) The Administrator must give the public notice of, and a chance to comment on, any proposed order. (C) Any citizen who comments on a proposed order must get notice of any hearing and of the final order, and gets a real chance to be heard and present evidence at that hearing. (D) An order takes effect 30 days after issuance unless someone appeals it under paragraph (6). (4)(A) An order must describe the violation with reasonable detail and may set a reasonable deadline for compliance. (B) In setting a civil penalty, the Administrator must consider (i) how serious the violation was, (ii) any economic benefit the violator gained, (iii) any history of violations, (iv) any good-faith efforts to comply, (v) the economic impact of the penalty on the violator, and (vi) anything else justice requires. (5) If the Administrator has already sued someone or issued a penalty order for a violation, that violation generally can't also be the basis for a lawsuit under subsection (b) or sections 300h–3(c) or 300j–8 — except the limit on section 300j–8 suits doesn't apply if (A) a section 300j–8(a)(1) suit was filed before the administrative order started, or (B) a notice of violation under section 300j–8(b)(1) was given before the administrative order started and the related lawsuit is filed within 120 days of that notice. (6) Someone hit with an order — or who commented on a proposed order — can appeal it to the U.S. District Court for the District of Columbia or the district where the violation happened, but only within 30 days of the order being issued. The appellant must send a copy by certified mail to the Administrator and the Attorney General. The Administrator must file a certified copy of the record. The district court can't set aside or send back the order unless the record, taken as a whole, doesn't have enough evidence to support the violation finding, or unless the penalty or compliance requirement was an abuse of discretion. The court can't add extra penalties for the same violation unless the Administrator's penalty was an abuse of discretion. This paragraph is the only way to get judicial review of such an order, regardless of section 300j–7(a)(2). (7) If someone doesn't pay a penalty — after the order takes effect under paragraph (3), or after a court enters final judgment for the Administrator under paragraph (6) — the Administrator can ask the Attorney General to sue in district court to collect the amount, plus costs, attorneys' fees, and interest. In that suit, the penalty's validity, amount, and fairness cannot be reviewed again. (8) The Administrator may issue subpoenas in these administrative proceedings to compel witnesses to attend and testify, and subpoenas for documents, and may ask the Attorney General to go to court to enforce a subpoena. District courts can enforce these subpoenas and impose sanctions. (d) States keep their own authority. Nothing in this subchapter reduces a state's or local government's power to adopt or enforce its own underground injection laws — but no state or local law can excuse anyone from the requirements that otherwise apply under this subchapter.