I
106TH CONGRESS
2D SESSION
H. R. 5077
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 cata-
strophic event.
IN THE HOUSE OF REPRESENTATIVES
JULY 27, 2000
Mr. PALLONE introduced the following bill; which was referred to the Com-
mittee on Commerce, and in addition to the Committees on Transpor-
tation and Infrastructure, and Agriculture, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
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 pre-
viously 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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Increased Environ-
mental Compliance 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 pen-
alty 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 con-
sequences 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 pre-
viously 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 ‘‘Adminis-
trator’’ means—
(A) the Administrator of the Environ-
mental 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 ‘‘envi-
ronmental law’’ means any of the following laws (in-
cluding any regulation, permit, or other requirement,
any administrative or judicial judgment, settlement
agreement, order or decree on consent, and any ad-
ministrative 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 Re-
sponse, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.).
(K) The Emergency Planning and Commu-
nity 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 per-
son, site or facility owner or operator, or other re-
sponsible party identified under a law listed in para-
graph (2).
(4) RELATED
PARTY.—The term ‘‘related
party’’ means—
(A) a person having a relationship de-
scribed in Section 267(b) of the Internal Rev-
enue 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 ac-
tion, criminal action, or other agency action de-
scribed in paragraph (6).
(6) REPEAT VIOLATOR.—The term ‘‘repeat vio-
lator’’ 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 administra-
tive proceeding brought against a repeat violator for a sub-
sequent violation of the same environmental law or sepa-
rate 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 environ-
mental 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 envi-
ronmental 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 envi-
ronmental 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 ‘‘cata-
strophic 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 seri-
ous environmental damage.
(2) CRITERIA AIR POLLUTANT.—The term ‘‘cri-
teria 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