33 U.S.C. § 2409 : US Code - Section 2409: Penalties
Search 33 U.S.C. § 2409 : US Code - Section 2409: Penalties
(a) Civil penalties
(1) Any person violating section 2403 or 2404 of this title shall
be assessed a civil penalty of not more than $5,000 for each
offense.
(2) After notice and an opportunity for a hearing, a person found
by the Administrator to have violated section 2403 or 2404 of this
title is liable to the United States Government for the civil
penalty assessed under subsection (a) of this section. The amount
of the civil penalty shall be assessed by the Administrator by
written notice. In determining the amount of the penalty, the
Administrator shall consider the nature, circumstances, extent, and
gravity of the prohibited acts committed and, with respect to the
violator, the degree of culpability, any history of prior offenses,
ability to pay, and other matters that justice requires.
(3) The Administrator may compromise, modify, or remit, with or
without consideration, a civil penalty assessed under this section
until the assessment is referred to the Attorney General.
(4) If a person fails to pay an assessment of a civil penalty
after it has become final, the Administrator may refer the matter
to the Attorney General for collection in the appropriate United
States district court.
(b) Criminal penalties
Any person knowingly violating section 2403 or 2404 of this title
shall be fined not more than $25,000, or imprisoned for not more
than one year, or both.
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