View all text of Subchapter XVI [§ 621 - § 629]
§ 624. Civil enforcement
(a) Notice of noncompliance
(1) NoticeIf 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—
(i) not later than 14 days after date 1
1 So in original. Probably should be preceded by “the”.
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
(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
(b) Civil penalties
(1) Violations of orders
(2) Non-reporting chemical facilities of interest
(c) Emergency orders
(1) In generalNotwithstanding 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
(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
(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
(3) Limitation on authority
(4) Due process for facility owner or operator
(A) Written ordersAn 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;
(ii) states the security measures or order issued or imposed; and
(iii) describes the standards and procedures for obtaining relief from the order.
(B) Opportunity for review
(C) Expiration of effectiveness of order
(d) Right of action
(Pub. L. 107–296, title XXI, § 2104, as added Pub. L. 113–254, § 2(a), Dec. 18, 2014, 128 Stat. 2912; amended Pub. L. 115–278, § 2(g)(8)(B), Nov. 16, 2018, 132 Stat. 4180; Pub. L. 117–263, div. G, title LXXI, § 7143(c)(4), Dec. 23, 2022, 136 Stat. 3663.)