33 U.S.C. § 1415 : US Code - Section 1415: Penalties

Search 33 U.S.C. § 1415 : US Code - Section 1415: Penalties

(a) Assessment of civil penalty by Administrator; remission or
mitigation; court action for appropriate relief
Any person who violates any provision of this subchapter, or of
the regulations promulgated under this subchapter, or a permit
issued under this subchapter shall be liable to a civil penalty of
not more than $50,000 for each violation to be assessed by the
Administrator. In addition, any person who violates this subchapter
or any regulation issued under this subchapter by engaging in
activity involving the dumping of medical waste shall be liable for
a civil penalty of not more than $125,000 for each violation, to be
assessed by the Administrator after written notice and an
opportunity for a hearing. No penalty shall be assessed until the
person charged shall have been given notice and an opportunity for
a hearing of such violation. In determining the amount of the
penalty, the gravity of the violation, prior violations, and the
demonstrated good faith of the person charged in attempting to
achieve rapid compliance after notification of a violation shall be
considered by said Administrator. For good cause shown, the
Administrator may remit or mitigate such penalty. Upon failure of
the offending party to pay the penalty, the Administrator may
request the Attorney General to commence an action in the
appropriate district court of the United States for such relief as
may be appropriate.
(b) Criminal penalties
In addition to any action that may be brought under subsection
(a) of this section -
(1) any person who knowingly violates any provision of this
subchapter, any regulation promulgated under this subchapter, or
a permit issued under this subchapter, shall be fined under title
18 or imprisoned for not more than 5 years, or both; and
(2) any person who is convicted of such a violation pursuant to
paragraph (1) shall forfeit to the United States -
(A) any property constituting or derived from any proceeds
that the person obtained, directly or indirectly, as a result
of such violation; and
(B) any of the property of the person which was used, or
intended to be used in any manner or part, to commit or to
facilitate the commission of the violation.
(c) Separate offenses
For the purpose of imposing civil penalties and criminal fines
under this section, each day of a continuing violation shall
constitute a separate offense as shall the dumping from each of
several vessels, or other sources.
(d) Injunctive relief
The Attorney General or his delegate may bring actions for
equitable relief to enjoin an imminent or continuing violation of
this subchapter, of regulations promulgated under this subchapter,
or of permits issued under this subchapter, and the district courts
of the United States shall have jurisdiction to grant such relief
as the equities of the case may require.
(e) Liability of vessels in rem
A vessel, except a public vessel within the meaning of section 13
of the Federal Water Pollution Control Act, as amended, used in a
violation, shall be liable in rem for any civil penalty assessed or
criminal fine imposed and may be proceeded against in any district
court of the United States having jurisdiction thereof; but no
vessel shall be liable unless it shall appear that one or more of
the owners, or bareboat charterers, was at the time of the
violation a consenting party or privy to such violation.
(f) Revocation and suspension of permits
If the provisions of any permit issued under section 1412 or 1413
of this title are violated, the Administrator or the Secretary, as
the case may be, may revoke the permit or may suspend the permit
for a specified period of time. No permit shall be revoked or
suspended unless the permittee shall have been given notice and
opportunity for a hearing on such violation and proposed suspension
or revocation.
(g) Civil suits by private persons
(1) Except as provided in paragraph (2) of this subsection any
person may commence a civil suit on his own behalf to enjoin any
person, including the United States and any other governmental
instrumentality or agency (to the extent permitted by the eleventh
amendment to the Constitution), who is alleged to be in violation
of any prohibition, limitation, criterion, or permit established or
issued by or under this subchapter. The district courts shall have
jurisdiction, without regard to the amount in controversy or the
citizenship of the parties, to enforce such prohibition,
limitation, criterion, or permit, as the case may be.
(2) No action may be commenced -
(A) prior to sixty days after notice of the violation has been
given to the Administrator or to the Secretary, and to any
alleged violator of the prohibition, limitation, criterion, or
permit; or
(B) if the Attorney General has commenced and is diligently
prosecuting a civil action in a court of the United States to
require compliance with the prohibition, limitation, criterion,
or permit; or
(C) if the Administrator has commenced action to impose a
penalty pursuant to subsection (a) of this section, or if the
Administrator, or the Secretary, has initiated permit revocation
or suspension proceedings under subsection (f) of this section;
or
(D) if the United States has commenced and is diligently
prosecuting a criminal action in a court of the United States or
a State to redress a violation of this subchapter.
(3)(A) Any suit under this subsection may be brought in the
judicial district in which the violation occurs.
(B) In any such suit under this subsection in which the United
States is not a party, the Attorney General, at the request of the
Administrator or Secretary, may intervene on behalf of the United
States as a matter of right.
(4) The court, in issuing any final order in any suit brought
pursuant to paragraph (1) of this subsection may award costs of
litigation (including reasonable attorney and expert witness fees)
to any party, whenever the court determines such award is
appropriate.
(5) The injunctive relief provided by this subsection shall not
restrict any right which any person (or class of persons) may have
under any statute or common law to seek enforcement of any standard
or limitation or to seek any other relief (including relief against
the Administrator, the Secretary, or a State agency).
(h) Emergencies
No person shall be subject to a civil penalty or to a criminal
fine or imprisonment for dumping materials from a vessel if such
materials are dumped in an emergency to safeguard life at sea. Any
such emergency dumping shall be reported to the Administrator under
such conditions as he may prescribe.
(i) Seizure and forfeiture
(1) In general
Any vessel used to commit an act for which a penalty is imposed
under subsection (b) of this section shall be subject to seizure
and forfeiture to the United States under procedures established
for seizure and forfeiture of conveyances under sections 853 and
881 of title 21.
(2) Limitation on application
This subsection does not apply to an act committed
substantially in accordance with a compliance agreement or
enforcement agreement entered into by the Administrator under
section 1414b(c) of this title.