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penalty  may  be  assessed under  subsection  (b)  or  (d)(1) of  this

section, or section 304(a), or an assessment may be made under section

120,  where the Administrator or  an air pollution  control agency has

notified the source of  the violation, and the plaintiff makes a prima

facie showing that the conduct or  events giving rise to the violation

are likely to have continued or  recurred past the date of notice, the

days of violation shall be presumed to include the date of such notice

and  each and every day thereafter until the violator establishes that

continuous compliance has been achieved, except to the extent that the

violator can prove by a preponderance  of the evidence that there were

intervening days  during  which  no violation  occurred  or  that  the

violation was not continuing in nature.

   "(f) Awards.-The  Administrator may  pay an  award, not to  exceed

$10,000,  to any  person who furnishes  information or  services which

lead  to a criminal conviction  or a judicial  or administrative civil

penalty for any violation of  this title or title III, IV, V, or VI of

this Act enforced under this section. Such payment is subject to

available  appropriations  for such  purposes  as  provided in  annual

appropriation Acts. Any officer,  or employee of the United  States or

any State  or local  government who furnishes  information or  renders

service  in  the performance  of an  official  duty is  ineligible for

payment under  this subsection. The Administrator  may, by regulation,

prescribe additional criteria for eligibility for such an award.

   "(g) Settlements; Public Participation.-At least 30  days before a

consent order  or settlement agreement of  any kind under  this Act to

which the United  States is  a party (other  than enforcement  actions

under section 113, 120, or title II, whether or not involving civil or

criminal  penalties, or  judgments  subject to  Department of  Justice

policy on public  participation) is final  or filed with a  court, the

Administrator shall provide  a reasonable opportunity by notice in the

Federal   Register  to  persons  who  are  not  named  as  parties  or

intervenors  to  the  action or  matter  to  comment  in writing.  The

Administrator or the Attorney  General, as appropriate, shall promptly

consider  any such written comments  and may withdraw  or withhold his

consent  to the proposed order  or agreement if  the comments disclose

facts  or   considerations  which   indicate  that  such   consent  is

inappropriate,   improper,  inadequate,   or  inconsistent   with  the

requirements  of this Act. Nothing  in this subsection  shall apply to

civil or criminal penalties under this Act.

   "(h) Operator.-For purposes of the provisions of  this section and

section  120, the term `operator',  as used in  such provisions, shall

include any person who  is senior management personnel or  a corporate

officer.  Except in the case  of knowing and  willful violations, such

term shall not  include any  person who  is a  stationary engineer  or

technician  responsible for  the  operation,  maintenance, repair,  or

monitoring  of equipment and facilities and  who often has supervisory

and training  duties but who is  not senior management  personnel or a

corporate  officer.  Except   in  the  case  of  knowing  and  willful

violations, for  purposes of  subsection (c)(4)  of this  section, the

term `a  person' shall not include an employee who is carrying out his

normal activities and who is not a part of senior management personnel

or a  corporate officer.   Except in the  case of knowing  and willful

violations,  for  purposes of  paragraphs (1),  (2),  (3), and  (5) of

subsection (c) of  this section the term `a person'  shall not include

an  employee  who is  carrying out  his normal  activities and  who is

acting under orders from the employer.".

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