102 STAT. 4144
PUBLIC LAW 100-688—NOV. 18, 1988 "(i) 90 percent of such amount, reduced by "(ii) 5 percent of such amount for each full calendar year since December 31, 1991; "(B) shall pay to the Administrator a sum equal to $15 per dry ton (or equivalent) of sewage sludge and industrial waste transported or dumped by such person in that year, for use for agency activities as provided in subsection (fKD; "(C) for violations in any year before calendar year 1995— "(i) subject to paragraph (4), shall pay into the Clean Oceans Fund established by the State in which the person is located a sum equal to 50 percent of the balance of such amount; and "(ii) subject to paragraph (4), shall pay to the State in which the person is located a sum equal to the portion of such amount which is not paid as provided in subparagraphs (A), (B), and (C), for deposit into the water goUution control revolving fund established by the tate under title VI of the Federal Water Pollution Control Act, as provided in subsection (fK2); and "(D) for violations in any year after calendar year 1994, shall pay to the State in which the person is located a sum equal to the balance of such amount, for use by the State for providing assistance under subsection (fK3). "(3) SCHEDULE FOR PAYMENT.—Penalties under this subsection shall be paid on a quarterly basis.
State and local
governments.
"(4) PAYMENTS PRIOR TO ESTABLISHMENT OP ACCOUNT.—In any
^.^^ ^^ ^y^^^^i a State has not established a Clean Oceans Fund or a water pollution control revolving fund under title VI of the Federal Water Pollution Control Act, penalties required to be paid by a person in that State under paragraph (2)(C)(i) or (ii), as applicable, shall be paid to the Administrator for holding and payment or reversion, as applicable, in the same manner as fees are held and paid or revert under subsection (b)(5). "(e) TRUST ACCOUNT.—
"(1) IN GENERAL.—A person who enters into a compliance agreement or an enforcement agreement under subsection (c) shall establish a trust account for the payment and use of fees and penalties under this section. "(2) TRUST ACCOUNT REQUIREMENTS.—An account shall be a trust account for purposes of this subsection only if it meets, to the satisfaction of the Administrator, the following requirements: "(A) Amounts in the account may be used only with the concurrence of the person who establishes the account and the Administrator; except that the person may use amounts in the account for a purpose authorized by subparagraph (B) after 60 days after notification of the Administrator if the Administrator does not disapprove such use before the end of such 60-day period. "(B) Amounts in the account may be used only for projects which will identify, develop, and implement— "(i) an alternative system, and any interim measures, for the management of sewage sludge and industrial waste, including but not limited to any such system or measures utilizing resource recovery, recycling, thermal reduction, or composting techniques; or
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