(A) balance the utility of monitored infor-
mation against the cost of the monitoring, 
based on the circumstances relating to the re-
mediation; and 
(B) take into account the scope of the 
project. 
(n) INFORMATION COLLECTION.—Whenever appro-
priate to determine compliance with this Act, the Permit-
ting Authority shall— 
(1) have right of entry to the premises to in-
spect and collect such information as reasonably nec-
essary to determine compliance; and 
(2) require the permittee to establish and main-
tain records, conduct monitoring, if the Permitting 
Authority determines that any monitoring is appro-
priate, and provide and produce such other informa-
tion as may be reasonably necessary to ensure the 
project will result in improvement to the environ-
ment. 
(o) COOPERATIVE ACTIVITIES.—The Permitting Au-
thority may approve in a permit the conduct of monitoring 
or other remediation activities by cooperating persons if, 
as determined by the Permitting Authority, the coopera-
tive arrangement will effectively accomplish the purposes 
of this Act. 
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(p) ENFORCEMENT.— 
(1) ADMINISTRATIVE ORDERS.—The Adminis-
trator is authorized to enforce any violation of this 
Act, including any condition or limitation of a per-
mit issued under this Act, with respect to any per-
son by issuing an order to comply with such condi-
tion or limitation. 
(2) CIVIL ACTIONS AND INJUNCTIONS.— 
(A) IN GENERAL.—The Administrator is 
authorized to commence a civil action for ap-
propriate relief, including a permanent or tem-
porary injunction, for any violation of this Act, 
including any condition or limitation of a per-
mit issued under this Act, for which he is au-
thorized to issue a compliance order under this 
section. Any action under this subsection may 
be brought in the district court of the United 
States for the district in which the defendant is 
located or resides or is doing business, and such 
court shall have jurisdiction to restrain such 
violation and to require compliance. Notice of 
the commencement of such action shall be given 
immediately to the appropriate State or Indian 
tribe. 
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(B) MINIMUM
REQUIREMENT.—In the 
event of a permit violation, and absent extraor-
dinary circumstances, the court shall, at a min-
imum, require— 
(i) the permittee to repair the damage 
to any part of the environment that is 
caused by an action of the permittee in vio-
lation of the permit to the extent prac-
ticable; and 
(ii) the environment to be restored to 
the condition of the environment prior to 
the action of the permittee in violation of 
the permit to the extent practicable. 
(3) CIVIL PENALTY.—Any person who violates 
this Act shall be subject to a civil penalty of up to 
$5,000 for each day of the violation (except in cases 
of willful or wanton conduct, which shall be $32,500 
per day per violation). 
(q) JUDICIAL REVIEW.—Review of the Administra-
tor’s action in issuing or denying any permit under this 
Act may be had by any interested person in the Circuit 
Court of Appeals of the United States for the Federal ju-
dicial district in which such person resides or transacts 
business which is directly affected by such action upon ap-
plication by such person. Any such application shall be 
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made within 120 days from the date of such issuance or 
denial, or after such date only if such application is based 
solely on grounds which arose after such 120th day. 
(r) SAVINGS PROVISIONS.— 
(1) EMERGENCY AUTHORITY.—Nothing in this 
section affects the authority of a Federal, State, 
tribal, or local agency to carry out any emergency 
authority, including an emergency authority under 
the environmental laws. 
(2) LIABILITY.—Except to the extent that a 
permit provides protection under environmental 
laws, nothing in this section or a permit issued 
under this section limits the liability of any person 
(including a permittee) under any other provision of 
law. 
(3) STATE
AND
TRIBAL
RECLAMATION
PRO-
GRAMS.—No State, Indian tribe, or other Good Sa-
maritan shall be required to obtain a permit pursu-
ant to this Act to remediate an abandoned or inac-
tive mine site when conducting reclamation work 
under a State or tribal abandoned mine reclamation 
plan approved under title IV of the Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 
1231 et seq.). The liability protection provided under 
subparagraphs (C) and (D) of subsection (h)(1) 
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shall apply to any persons conducting remediation of 
an inactive and abandoned mine site pursuant to an 
approved State or tribal abandoned mine reclama-
tion plan approved under title IV of the Surface 
Mining Control and Reclamation Act of 1977 (30 
U.S.C. 1231 et seq.). 
(s) GRANTS
ELIGIBILITY.—Remediation projects 
conducted pursuant to this section are eligible for funding 
pursuant to section 319 of the Federal Water Pollution 
Control Act (33 U.S.C. 1329). 
(t) REGULATIONS.—The Administrator may promul-
gate such regulations as are necessary to carry out this 
Act. 
(u) TRANSFER OF PERMITTING AUTHORITY.—Not 
later than 120 days after the date on which a State or 
Indian tribe has submitted an application to administer 
a Good Samaritan permit program, the Administrator 
shall suspend the issuance of permits under this Act for 
remediation activities in that State or relevant area of In-
dian country unless the Administrator determines that the 
State’s or Indian tribe’s Good Samaritan permit program 
does not satisfy the requirements of this Act. The date 
upon which the Environmental Protection Agency will sus-
pend permitting activity under this subsection may be ex-
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tended by mutual agreement of the State or Indian tribe 
and the Administrator. 
(v) NOTIFICATION OF ADMINISTRATOR.— 
(1) IN GENERAL.—Each State or Indian tribe 
authorized to administer a Good Samaritan permit 
program shall transmit to the Administrator a copy 
of each permit application received by such State or 
tribe and provide notice to the Administrator of 
every action relating to the consideration of such 
permit application, including each permit proposed 
to be issued by such State or Indian tribe. 
(2) OBJECTION TO ISSUANCE.—No permit shall 
issue if the Administrator, within 90 days of the 
date of transmittal of the proposed permit notifica-
tion, objects in writing to the issuance of such per-
mit as being outside the requirements of this Act. 
Whenever the Administrator objects to the issuance 
of a permit under this paragraph, such written ob-
jection shall contain a statement of the reasons for 
such objection. 
(3) WAIVER.—The Administrator may, as to 
any permit application, waive paragraph (2) of this 
subsection. 
(4) ISSUANCE OR DENIAL OF PERMITS.—In any 
case where the Administrator, pursuant to para-
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graph (2) of this subsection, objects to the issuance 
of a permit, on request of the State or Indian tribe, 
a public hearing shall be held by the Administrator 
on such objection. If the State or Indian tribe does 
not resubmit such permit revised to meet such objec-
tions within 30 days after completion of the hearing, 
or, if no hearing is requested within 90 days after 
the date of such objection, the Administrator may 
issue or deny the permit in accordance with the re-
quirements of this Act. 
(w) WITHDRAWAL OF APPROVAL OF STATE OR TRIB-
AL PROGRAM AND RETURN OF STATE OR TRIBAL PRO-
GRAM TO ADMINISTRATOR.— 
(1) IN GENERAL.—Any State or tribal Good 
Samaritan permit program approved under this Act 
shall at all times be administered in accordance with 
this Act. 
(2) NOTIFICATION AND WITHDRAWAL.—When-
ever the Administrator determines after public hear-
ing that a State or Indian tribe is not administering 
a program approved under this Act in accordance 
with this Act, the Administrator shall so notify the 
State or Indian tribe and, if appropriate corrective 
action is not taken within a reasonable time, not to 
exceed 90 days, the Administrator shall withdraw 
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approval of such program. The Administrator shall 
not withdraw approval of any such program unless 
the Administrator shall first have notified the State 
or Indian tribe, and made public, in writing, the rea-
sons for such withdrawal. 
(x) FEDERAL LAND MANAGEMENT AGENCIES.—A 
Federal land management agency that provides authoriza-
tion for, or participates in, a project authorized pursuant 
to this Act shall not be liable under environmental laws 
for the conduct or actions of a Good Samaritan (or any 
cooperating person). 
(y) SEVERABILITY.—If any provision of this Act, or 
the application of any provision of this Act to any person 
or circumstance, is held invalid, the application of such 
provision to other persons or circumstances, and the re-
mainder of this Act, shall not be affected thereby. 
Æ 
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