Collapse to view only § 3841. Prohibitions
- § 3841. Prohibitions
- § 3842. Investigations and inspections by Secretary
- § 3843. EPA enforcement
- § 3844. Additional authority of the Administrator
§ 3841. Prohibitions
(a) In general
Notwithstanding any other provision of law, it is unlawful for any person—
(1) to act in violation of this chapter, or any regulation prescribed under this chapter;
(2) to sell or distribute in domestic or international commerce organotin or an antifouling system containing organotin;
(3) to manufacture, process, or use organotin to formulate an antifouling system;
(4) to apply an antifouling system containing organotin on any vessel to which this chapter applies; or
(5) after the Convention enters into force for the United States, to apply or otherwise use in a manner inconsistent with the Convention, an antifouling system on any vessel that is subject to this chapter.
(b) Vessel hulls
(c) Limitations
(1) Excepted vessel
(2)
This section does not apply to—
(A) the sale, distribution, or use pursuant to any agreement between the Administrator and any person that results in an earlier prohibition or cancellation date than specified in this chapter; or
(B) the manufacture, processing, formulation, sale, distribution, or use of organotin or antifouling systems containing organotin used or intended for use only for sonar domes or in conductivity sensors in oceanographic instruments.
(Pub. L. 111–281, title X, § 1031, Oct. 15, 2010, 124 Stat. 3027.)
§ 3842. Investigations and inspections by Secretary
(a) In general
(b) Violations; subpoenas
(1) In generalIn any investigation under this section, the Secretary may issue a subpoena to require the attendance of a witness or the production of documents or other evidence if—
(A) before the issuance of the subpoena, the Secretary requests a determination by the Attorney General of the United States as to whether the subpoena will interfere with a criminal investigation; and
(B) the Attorney General—
(i) determines that the subpoena will not interfere with a criminal investigation; or
(ii) fails to make a determination under clause (i) before the date that is 30 days after the date on which the Secretary makes a request under subparagraph (A).
(2) Enforcement
(c) Further action
(d) Cooperation
(Pub. L. 111–281, title X, § 1032, Oct. 15, 2010, 124 Stat. 3028.)
§ 3843. EPA enforcement
(a) Inspections, subpoenas
(1) In general
(2) Subpoenas
(A) In generalIn any investigation under this section, the Administrator may issue a subpoena to require the attendance of a witness or the production of documents or other evidence if—
(i) before the issuance of the subpoena, the Administrator requests a determination by the Attorney General of the United States as to whether the subpoena will interfere with a criminal investigation; and
(ii) the Attorney General—(I) determines that the subpoena will not interfere with a criminal investigation; or(II) fails to make a determination under subclause (I) before the date that is 30 days after the date on which the Administrator makes a request under clause (i).
(B) Enforcement
(b) Stop manufacture, sale, use, or removal orders
(Pub. L. 111–281, title X, § 1033, Oct. 15, 2010, 124 Stat. 3028.)
§ 3844. Additional authority of the Administrator
The Administrator, in consultation with the Secretary, may establish, as necessary, terms and conditions regarding the removal and disposal of antifouling systems prohibited or restricted under this chapter.
(Pub. L. 111–281, title X, § 1034, Oct. 15, 2010, 124 Stat. 3029.)