Title 42 — The Public Health and Welfare
Chapter 99 — Ocean Thermal Energy Conversion
§ 9121. Suspension, revocation, and termination of licenses
Statutory text
Filing of action by Attorney General; automatic suspension
Whenever a licensee fails to comply with any applicable provision of this chapter or any applicable rule, regulation, restriction, or condition issued or imposed by the Administrator under the authority of this chapter, the Attorney General, at the request of the Administrator, shall file an action in the appropriate United States district court to—
suspend the license; or
if such failure is knowing and continues for a period of 30 days after the Administrator mails notification of such failure by registered letter to the licensee at his record post office address, revoke such license.
No proceeding under this section is necessary if the license, by its terms, provides for automatic suspension or termination upon the occurrence of a fixed or agreed upon condition, event, or time.
Immediate suspension of construction or operation pending completion of proceedings
If the Administrator determines that immediate suspension of the construction or operation of an ocean thermal energy conversion facility or plantship or any component thereof is necessary to protect public health and safety or to eliminate imminent and substantial danger to the environment the Administrator may order the licensee to cease or alter such construction or operation pending the completion of a judicial proceeding pursuant to subsection (a) of this section.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Ocean Thermal Energy Conversion Act of 1980
Pub. L. 96–320 title I § 111 · 94 Stat. 974
Enacted · 42 U.S.C. § 9121
Pub. L. 96–320, title I, § 111, Aug. 3, 1980, 94 Stat. 988
Source evidence
Code source credit
Pub. L. 96–320, title I, § 111, Aug. 3, 1980, 94 Stat. 988Enacted provision · exact public law section
SEC. 111. SUSPENSION, REVOCATION, OR TERMINATION OF LICENSE. (a) Whenever a licensee fails to comply with any applicable provision of this Act or any applicable rule, regulation, restriction, or condition issued or imposed by the Administrator under the authority of this Act, the Attorney General, at the request of the Administrator, shall file an action in the appropriate United States district court to— (1) suspend the License; or (2) if such failure is knowing and continues for a period of 30 days after the Administrator mails notification of such failure by registered letter to the licensee at his record post office address, revoke such license. No proceeding under this section is necessary if the license, by its terms, provides for automatic suspension or termination upon the occurrence of a fixed or agreed upon condition, event, or time. (b) If the Administrator determines that immediate suspension of the construction or operation of an ocean thermal energy conversion facility or plantship or any component thereof is necessary to protect public health and safety or to eliminate imminent and substantial danger to the environment established by any treaty or convention, the Administrator may order the licensee to cease or alter such construction or operation pending the completion of a judicial proceeding pursuant to subsection (a) of this section.Pub. L. 98–623 title VI § 602(e)(17) · 98 Stat. 3394
Substituted · 42 U.S.C. § 9121(b)
Pub. L. 98–623 substituted “environment” for “environment established by any treaty or convention,”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 98–623 substituted “environment” for “environment established by any treaty or convention,”.Enacted provision · exact public law section
(17) in section 111(b) by striking out “environment established by any treaty or convention,” and inserting in lieu thereof “environment”; and
2 of 2 references resolved to an enrolled provision
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 96–320, , 94 Stat. 974, known as the Ocean Thermal Energy Conversion Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9101 of this title and Tables.
Amendments
1984—Subsec. (b). Pub. L. 98–623 substituted “environment” for “environment established by any treaty or convention,”.
Credits
1980–1984 · 2 acts
- 1980Pub. L. 96–320, title I, § 111, , 94 Stat. 988
- 1984Pub. L. 98–623, title VI, § 602(e)(17), , 98 Stat. 3412.
Show as published
(Pub. L. 96–320, title I, § 111, , 94 Stat. 988; Pub. L. 98–623, title VI, § 602(e)(17), , 98 Stat. 3412.)