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CITE

    15 USC Sec. 2615                                            01/05/2009

EXPCITE

    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 53 - TOXIC SUBSTANCES CONTROL
    SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES

HEAD

    Sec. 2615. Penalties

STATUTE

    (a) Civil
      (1) Any person who violates a provision of section 2614 or 2689
    of this title shall be liable to the United States for a civil
    penalty in an amount not to exceed $25,000 for each such violation.
    Each day such a violation continues shall, for purposes of this
    subsection, constitute a separate violation of section 2614 or 2689
    of this title.
      (2)(A) A civil penalty for a violation of section section 2614 or
    2689 of this title shall be assessed by the Administrator by an
    order made on the record after opportunity (provided in accordance
    with this subparagraph) for a hearing in accordance with section
    554 of title 5. Before issuing such an order, the Administrator
    shall give written notice to the person to be assessed a civil
    penalty under such order of the Administrator's proposal to issue
    such order and provide such person an opportunity to request,
    within 15 days of the date the notice is received by such person,
    such a hearing on the order.
      (B) In determining the amount of a civil penalty, the
    Administrator shall take into account the nature, circumstances,
    extent, and gravity of the violation or violations and, with
    respect to the violator, ability to pay, effect on ability to
    continue to do business, any history of prior such violations, the
    degree of culpability, and such other matters as justice may
    require.
      (C) The Administrator may compromise, modify, or remit, with or
    without conditions, any civil penalty which may be imposed under
    this subsection. The amount of such penalty, when finally
    determined, or the amount agreed upon in compromise, may be
    deducted from any sums owing by the United States to the person
    charged.
      (3) Any person who requested in accordance with paragraph (2)(A)
    a hearing respecting the assessment of a civil penalty and who is
    aggrieved by an order assessing a 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.
      (4) If any person fails to pay an assessment of a civil penalty -
        (A) after the order making the assessment has become a final
      order and if such person does not file a petition for judicial
      review of the order in accordance with paragraph (3), or
        (B) after a court in an action brought under paragraph (3) has
      entered a final judgment in favor of the Administrator,
    the Attorney General shall recover the amount assessed (plus
    interest at currently prevailing rates from the date of the
    expiration of the 30-day period referred to in paragraph (3) or the
    date of such final judgment, as the case may be) in an action
    brought in any appropriate district court of the United States. In
    such an action, the validity, amount, and appropriateness of such
    penalty shall not be subject to review.
    (b) Criminal
      Any person who knowingly or willfully violates any provision of
    section 2614 or 2689 of this title, shall, in addition to or in
    lieu of any civil penalty which may be imposed under subsection (a)
    of this section for such violation, be subject, upon conviction, to
    a fine of not more than $25,000 for each day of violation, or to
    imprisonment for not more than one year, or both.

SOURCE

    (Pub. L. 94-469, title I, Sec. 16, Oct. 11, 1976, 90 Stat. 2037;
    renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986,
    100 Stat. 2989; amended Pub. L. 102-550, title X, Sec. 1021(b)(5),
    Oct. 28, 1992, 106 Stat. 3923.)

AMENDMENTS

      1992 - Subsecs. (a)(1), (2)(A), (b). Pub. L. 102-550 substituted
    "section 2614 or 2689 of this title" for "section 2614 of this
    title" wherever appearing.
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