42 U.S.C. § 9152 : US Code - Section 9152: Remedies and penalties

Search 42 U.S.C. § 9152 : US Code - Section 9152: Remedies and penalties

(a) Issuance and enforcement of orders
(1) The Administrator or his delegate shall have the authority to
issue and enforce orders during proceedings brought under this
chapter. Such authority shall include the authority to issue
subpenas, administer oaths, compel the attendance and testimony of
witnesses and the production of books, papers, documents, and other
evidence, to take depositions before any designated individual
competent to administer oaths, and to examine witnesses.
(2) Whenever on the basis of any information available to him the
Administrator finds that any person subject to section 9151 of this
title is in violation of any provision of this chapter or any rule,
regulation, order, license, or term or condition thereof, or other
requirements under this chapter, he may issue an order requiring
such person to comply with such provision or requirement, or bring
a civil action in accordance with subsection (b) of this section.
(3) Any compliance order issued under this subsection shall state
with reasonable specificity the nature of the violation and a time
for compliance, not to exceed 30 days, which the Administrator
determines is reasonable, taking into account the seriousness of
the violation and any good faith efforts to comply with applicable
requirements.
(b) Civil actions by Attorney General; equitable relief
(1) Upon a request by the Administrator, the Attorney General
shall commence a civil action for appropriate relief, including a
permanent or temporary injunction, to halt any violation for which
the Administrator is authorized to issue a compliance order under
subsection (a)(2) of this section.
(2) Upon a request by the Administrator, the Attorney General
shall bring an action in an appropriate district court of the
United States for equitable relief to redress a violation, by any
person subject to section 9151 of this title, of any provision of
this chapter, any regulation issued pursuant to this chapter, or
any license condition.
(c) Civil penalties
(1) Any person who is found by the Administrator, after notice
and an opportunity for a hearing in accordance with section 554 of
title 5, to have committed an act prohibited by section 9151 of
this title shall be liable to the United States for a civil
penalty, not to exceed $25,000 for each violation. Each day of a
continuing violation shall constitute a separate violation. The
amount of such civil penalty shall be assessed by the
Administrator, or his designee, by written notice. In determining
the amount of such penalty, the Administrator shall take into
account 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 such other matters as justice may require.
(2) Any person against whom a civil penalty is assessed under
paragraph (1) of this subsection may obtain a review thereof in the
appropriate 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 Administrator. The Administrator shall promptly file in such
court a certified copy of the record upon which such violation was
found or such penalty imposed, as provided in section 2112 of title
28. The findings and order of the Administrator shall be set aside
by such court if they are not found to be supported by substantial
evidence, as provided in section 706(2) of title 5.
(3) If any person subject to section 9151 of this title fails to
pay an assessment of a civil penalty against him after it has
become final, or after the appropriate court has entered final
judgment in favor of the Administrator, the Administrator shall
refer the matter to the Attorney General of the United States, who
shall recover the amount assessed in any appropriate court of the
United States. In such action, the validity and appropriateness of
the final order imposing the civil penalty shall not be subject to
review.
(4) The Administrator may compromise, modify, or remit, with or
without conditions, any civil penalty which is subject to
imposition or which has been imposed under this subsection.
(d) Criminal penalties
(1) Any person subject to section 9151 of this title is guilty of
an offense if he willfully commits any act prohibited by such
section.
(2) Any offense, other than an offense for which the punishment
is prescribed by section 9113 of this title, is punishable by a
fine of not more than $75,000 for each day during which the
violation continues. Any offense described in paragraphs (2), (3),
(4), and (5) of section 9151 of this title is punishable by the
fine or imprisonment for not more than 6 months, or both. If, in
the commission of any offense, the person subject to section 9151
of this title uses a dangerous weapon, engages in conduct that
causes bodily injury to any Federal officer or employee, or places
any Federal officer or employee in fear of imminent bodily injury,
the offense is punishable by a fine of not more than $100,000 or
imprisonment for not more than 10 years, or both.
(e) In rem liability of vessels
Any ocean thermal energy conversion facility or plantship
licensed pursuant to this chapter and any other vessel documented
or numbered under the laws of the United States, except a public
vessel engaged in noncommercial activities, used in any violation
of this chapter or of any rule, regulation, order, license, or term
or condition thereof, or other requirements of this chapter, 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, whenever 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.