tivities carried out by the Administrator pursuant to this
title.
‘‘SEC. 2711. ENFORCEMENT.
‘‘(a) CIVIL PENALTIES.—Any person who violates
any requirement in effect under this title, including any
requirement of any regulation, order, accreditation, or cer-
tification issued under this title, shall be in violation of
this title and shall be liable to the United States for a
civil penalty in an amount not to exceed $10,000 for each
day of violation. The amounts specified in the preceding
sentence shall be adjusted annually for each calendar year
after the calendar year 1993 to account for inflation or
deflation.
‘‘(b) CIVIL ACTIONS.—The Administrator may com-
mence a civil action to enjoin any violation of this title
or to assess and recover any civil penalty under subsection
(a) of this section. Any action under this subsection may
be brought in the district court of the United States for
the district in which the violation is alleged to have oc-
curred or in which the defendant resides or has its prin-
cipal place of business, and the court shall have jurisdic-
tion to issue injunctive relief and to assess a civil penalty.
‘‘(c) ADMINISTRATIVE ORDERS.—The Administrator
may issue an order to any person requiring such person
to comply with any requirement of this title and the Ad-
ministrator may, after notice and opportunity for hearing
on the record in accordance with section 554 and 556 of
title 5, United States Code, issue an order assessing a civil
penalty for violation of this title.
‘‘SEC. 2712. CITIZEN SUITS.
‘‘Any person may commence a civil action on such
person’s own behalf against—
‘‘(1) any person (including (a) the United
States, and (b) any other governmental instrumen-
tality or agency to the extent permitted by the Elev-
enth Amendment to the Constitution) who is alleged
to have violated or to be in violation of any require-
ment in effect under this title, or
‘‘(2) the Administrator or the head of any other
Federal agency where there is an alleged failure of
the Administrator or such other agency head to per-
form any act or duty under this title which is not
discretionary.
The district courts shall have jurisdiction, without regard
to the amount in controversy, to enforce such requirement,
to order the Administrator or such other agency head to
perform such act or duty, to apply any appropriate civil
penalties, and to award costs of litigation (including rea-
sonable attorney and expert witness fees) to the party
commencing the action whenever the court determines
such award is appropriate.
‘‘SEC. 2713. DEFINITIONS.
‘‘For the purposes of this title:
‘‘(1) The term ‘Administrator’ means the Ad-
ministrator of the Environmental Protection Agency.
‘‘(2) The term ‘indoor air hazard’ means a level
of indoor air pollutants, or a condition that may re-
sult in a level of indoor air pollutants, that may be
reasonably anticipated to adversely affect human
health. Such conditions may include inadequate ven-
tilation, intake of contaminated ambient air, micro-
bial contamination, and indoor chemical sources.
‘‘(3) The term ‘indoor air pollutant’ means any
substance or biological organism which is emitted
into or otherwise enters air other than ambient air.
‘‘(4) The term ‘Federal agency’ means any de-
partment, agency, or other instrumentality of the ex-
ecutive, legislative or judicial branches of the Fed-
eral Government, including any independent agency
or establishment of the Federal Government or gov-
ernment corporation.
‘‘(5) The term ‘Federal facility’ means any
building or portion of a building owned or operated
by a Federal agency.
‘‘(6) The term ‘person’ includes an individual,
a corporation, partnership, association, State, mu-
nicipality, political subdivision of a State, and any
agency, department, or instrumentality of the execu-
tive, legislative or judicial branch of the Government
of the United States or of any State and any officer,
agent or employee thereof.
‘‘(7) The term ‘State’ includes the District of
Columbia, Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the
Northern Maraiana Islands.
‘‘SEC. 2714. AUTHORIZATIONS.
‘‘There are authorized to be appropriated such sums
as may be necessary to carry out this title.’’.
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