42 U.S.C. § 9609 : US Code - Section 9609: Civil penalties and awards

Search 42 U.S.C. § 9609 : US Code - Section 9609: Civil penalties and awards

(a) Class I administrative penalty
(1) Violations
A civil penalty of not more than $25,000 per violation may be
assessed by the President in the case of any of the following -
(A) A violation of the requirements of section 9603(a) or (b)
of this title (relating to notice).
(B) A violation of the requirements of section 9603(d)(2) of
this title (relating to destruction of records, etc.).
(C) A violation of the requirements of section 9608 of this
title (relating to financial responsibility, etc.), the
regulations issued under section 9608 of this title, or with
any denial or detention order under section 9608 of this title.
(D) A violation of an order under section 9622(d)(3) of this
title (relating to settlement agreements for action under
section 9604(b) of this title).
(E) Any failure or refusal referred to in section 9622(l) of
this title (relating to violations of administrative orders,
consent decrees, or agreements under section 9620 of this
title).
(2) Notice and hearings
No civil penalty may be assessed under this subsection unless
the person accused of the violation is given notice and
opportunity for a hearing with respect to the violation.
(3) Determining amount
In determining the amount of any penalty assessed pursuant to
this subsection, the President shall take into account the
nature, circumstances, extent and gravity of the violation or
violations and, with respect to the violator, ability to pay, any
prior history of such violations, the degree of culpability,
economic benefit or savings (if any) resulting from the
violation, and such other matters as justice may require.
(4) Review
Any person against whom a civil penalty is assessed under this
subsection may obtain review thereof in the appropriate district
court of the United States by filing a notice of appeal in such
court within 30 days from the date of such order and by
simultaneously sending a copy of such notice by certified mail to
the President. The President shall promptly file in such court a
certified copy of the record upon which such violation was found
or such penalty imposed. If any person fails to pay an assessment
of a civil penalty after it has become a final and unappealable
order or after the appropriate court has entered final judgment
in favor of the United States, the President may request the
Attorney General of the United States to institute a civil action
in an appropriate district court of the United States to collect
the penalty, and such court shall have jurisdiction to hear and
decide any such action. In hearing such action, the court shall
have authority to review the violation and the assessment of the
civil penalty on the record.
(5) Subpoenas
The President may issue subpoenas for the attendance and
testimony of witnesses and the production of relevant papers,
books, or documents in connection with hearings under this
subsection. In case of contumacy or refusal to obey a subpoena
issued pursuant to this paragraph and served upon any person, the
district court of the United States for any district in which
such person is found, resides, or transacts business, upon
application by the United States and after notice to such person,
shall have jurisdiction to issue an order requiring such person
to appear and give testimony before the administrative law judge
or to appear and produce documents before the administrative law
judge, or both, and any failure to obey such order of the court
may be punished by such court as a contempt thereof.
(b) Class II administrative penalty
A civil penalty of not more than $25,000 per day for each day
during which the violation continues may be assessed by the
President in the case of any of the following -
(1) A violation of the notice requirements of section 9603(a)
or (b) of this title.
(2) A violation of section 9603(d)(2) of this title (relating
to destruction of records, etc.).
(3) A violation of the requirements of section 9608 of this
title (relating to financial responsibility, etc.), the
regulations issued under section 9608 of this title, or with any
denial or detention order under section 9608 of this title.
(4) A violation of an order under section 9622(d)(3) of this
title (relating to settlement agreements for action under section
9604(b) of this title).
(5) Any failure or refusal referred to in section 9622(l) of
this title (relating to violations of administrative orders,
consent decrees, or agreements under section 9620 of this title).
In the case of a second or subsequent violation the amount of such
penalty may be not more than $75,000 for each day during which the
violation continues. Any civil penalty under this subsection shall
be assessed and collected in the same manner, and subject to the
same provisions, as in the case of civil penalties assessed and
collected after notice and opportunity for hearing on the record in
accordance with section 554 of title 5. In any proceeding for the
assessment of a civil penalty under this subsection the President
may issue subpoenas for the attendance and testimony of witnesses
and the production of relevant papers, books, and documents and may
promulgate rules for discovery procedures. Any person who requested
a hearing with respect to a civil penalty under this subsection and
who is aggrieved by an order assessing the civil penalty may file a
petition for judicial review of such order with the United States
Court of Appeals for the District of Columbia Circuit or for any
other circuit in which such person resides or transacts business.
Such a petition may only be filed within the 30-day period
beginning on the date the order making such assessment was issued.
(c) Judicial assessment
The President may bring an action in the United States district
court for the appropriate district to assess and collect a penalty
of not more than $25,000 per day for each day during which the
violation (or failure or refusal) continues in the case of any of
the following -
(1) A violation of the notice requirements of section 9603(a)
or (b) of this title.
(2) A violation of section 9603(d)(2) of this title (relating
to destruction of records, etc.).
(3) A violation of the requirements of section 9608 of this
title (relating to financial responsibility, etc.), the
regulations issued under section 9608 of this title, or with any
denial or detention order under section 9608 of this title.
(4) A violation of an order under section 9622(d)(3) of this
title (relating to settlement agreements for action under section
9604(b) of this title).
(5) Any failure or refusal referred to in section 9622(l) of
this title (relating to violations of administrative orders,
consent decrees, or agreements under section 9620 of this title).
In the case of a second or subsequent violation (or failure or
refusal), the amount of such penalty may be not more than $75,000
for each day during which the violation (or failure or refusal)
continues. For additional provisions providing for judicial
assessment of civil penalties for failure to comply with a request
or order under section 9604(e) of this title (relating to
information gathering and access authorities), see section 9604(e)
of this title.
(d) Awards
The President may pay an award of up to $10,000 to any individual
who provides information leading to the arrest and conviction of
any person for a violation subject to a criminal penalty under this
chapter, including any violation of section 9603 of this title and
any other violation referred to in this section. The President
shall, by regulation, prescribe criteria for such an award and may
pay any award under this subsection from the Fund, as provided in
section 9611 of this title.
(e) Procurement procedures
Notwithstanding any other provision of law, any executive agency
may use competitive procedures or procedures other than competitive
procedures to procure the services of experts for use in preparing
or prosecuting a civil or criminal action under this chapter,
whether or not the expert is expected to testify at trial. The
executive agency need not provide any written justification for the
use of procedures other than competitive procedures when procuring
such expert services under this chapter and need not furnish for
publication in the Commerce Business Daily or otherwise any notice
of solicitation or synopsis with respect to such procurement.
(f) Savings clause
Action taken by the President pursuant to this section shall not
affect or limit the President's authority to enforce any provisions
of this chapter.