6 U.S.C. § 624
Section 624 · Civil enforcement
Current version, with additions and removals from the November 16, 2018 version.
(1) Notice
(1) Notice
If the Secretary determines that a covered chemical facility is not in compliance with this subchapter, the Secretary shall—
If the Secretary determines that a covered chemical facility is not in compliance with this subchapter, the Secretary shall—
(A) provide the owner or operator of the facility with—
(A) provide the owner or operator of the facility with—
(i) not later than 14 days after date 1 on which the Secretary makes the determination, a written notification of noncompliance that includes a clear explanation of any deficiency in the security vulnerability assessment or site security plan; and
(i) not later than 14 days after date 1 on which the Secretary makes the determination, a written notification of noncompliance that includes a clear explanation of any deficiency in the security vulnerability assessment or site security plan; and
(ii) an opportunity for consultation with the Secretary or the Secretary's designee; and
(ii) an opportunity for consultation with the Secretary or the Secretary's designee; and
(B) issue to the owner or operator of the facility an order to comply with this subchapter by a date specified by the Secretary in the order, which date shall be not later than 180 days after the date on which the Secretary issues the order.
(B) issue to the owner or operator of the facility an order to comply with this subchapter by a date specified by the Secretary in the order, which date shall be not later than 180 days after the date on which the Secretary issues the order.
(2) Continued noncompliance
(2) Continued noncompliance
If an owner or operator remains noncompliant after the procedures outlined in paragraph (1) have been executed, or demonstrates repeated violations of this subchapter, the Secretary may enter an order in accordance with this section assessing a civil penalty, an order to cease operations, or both.
If an owner or operator remains noncompliant after the procedures outlined in paragraph (1) have been executed, or demonstrates repeated violations of this subchapter, the Secretary may enter an order in accordance with this section assessing a civil penalty, an order to cease operations, or both.
(1) Violations of orders
(1) Violations of orders
Any person who violates an order issued under this subchapter shall be liable for a civil penalty under section 70119(a) of title 46.
Any person who violates an order issued under this subchapter shall be liable for a civil penalty under section 70119(a) of title 46.
(2) Non-reporting chemical facilities of interest
(2) Non-reporting chemical facilities of interest
Any owner of a chemical facility of interest who fails to comply with, or knowingly submits false information under, this subchapter or the CFATS regulations shall be liable for a civil penalty under section 70119(a) of title 46.
Any owner of a chemical facility of interest who fails to comply with, or knowingly submits false information under, this subchapter or the CFATS regulations shall be liable for a civil penalty under section 70119(a) of title 46.
(1) In general
(1) In general
Notwithstanding subsection (a) or any site security plan or alternative security program approved under this subchapter, if the Secretary determines that there is an imminent threat of death, serious illness, or severe personal injury, due to a violation of this subchapter or the risk of a terrorist incident that may affect a chemical facility of interest, the Secretary—
Notwithstanding subsection (a) or any site security plan or alternative security program approved under this subchapter, if the Secretary determines that there is an imminent threat of death, serious illness, or severe personal injury, due to a violation of this subchapter or the risk of a terrorist incident that may affect a chemical facility of interest, the Secretary—
(A) shall consult with the facility, if practicable, on steps to mitigate the risk; and
(A) shall consult with the facility, if practicable, on steps to mitigate the risk; and
(B) may order the facility, without notice or opportunity for a hearing, effective immediately or as soon as practicable, to—
(B) may order the facility, without notice or opportunity for a hearing, effective immediately or as soon as practicable, to—
(i) implement appropriate emergency security measures; or
(i) implement appropriate emergency security measures; or
(ii) cease or reduce some or all operations, in accordance with safe shutdown procedures, if the Secretary determines that such a cessation or reduction of operations is the most appropriate means to address the risk.
(ii) cease or reduce some or all operations, in accordance with safe shutdown procedures, if the Secretary determines that such a cessation or reduction of operations is the most appropriate means to address the risk.
(2) Limitation on delegation
(2) Limitation on delegation
(3) Limitation on authority
(3) Limitation on authority
The Secretary may exercise the authority under this subsection only to the extent necessary to abate the imminent threat determination under paragraph (1).
The Secretary may exercise the authority under this subsection only to the extent necessary to abate the imminent threat determination under paragraph (1).
(4) Due process for facility owner or operator
(4) Due process for facility owner or operator
(A) Written orders
(A) Written orders
An order issued by the Secretary under paragraph (1) shall be in the form of a written emergency order that—
An order issued by the Secretary under paragraph (1) shall be in the form of a written emergency order that—
(i) describes the violation or risk that creates the imminent threat;
(i) describes the violation or risk that creates the imminent threat;
(ii) states the security measures or order issued or imposed; and
(ii) states the security measures or order issued or imposed; and
(iii) describes the standards and procedures for obtaining relief from the order.
(iii) describes the standards and procedures for obtaining relief from the order.
(B) Opportunity for review
(B) Opportunity for review
After issuing an order under paragraph (1) with respect to a chemical facility of interest, the Secretary shall provide for review of the order under section 554 of title 5 if a petition for review is filed not later than 20 days after the date on which the Secretary issues the order.
After issuing an order under paragraph (1) with respect to a chemical facility of interest, the Secretary shall provide for review of the order under section 554 of title 5 if a petition for review is filed not later than 20 days after the date on which the Secretary issues the order.
(C) Expiration of effectiveness of order
(C) Expiration of effectiveness of order
Nothing in this subchapter confers upon any person except the Secretary or his or her designee a right of action against an owner or operator of a covered chemical facility to enforce any provision of this subchapter.
Nothing in this subchapter confers upon any person except the Secretary or his or her designee a right of action against an owner or operator of a covered chemical facility to enforce any provision of this subchapter.