§ 2608. — Civil penalty procedures.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2608]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 39--SHORE PROTECTION FROM MUNICIPAL OR COMMERCIAL WASTE
SUBCHAPTER I--SHORE PROTECTION
Sec. 2608. Civil penalty procedures
(a) General procedures
After notice and an opportunity for a hearing, a person found by the
Secretary of Transportation to have violated this chapter or a
regulation prescribed under this chapter for which a civil penalty is
provided, is liable to the United States Government for the civil
penalty provided. The amount of the civil penalty shall be assessed by
the Secretary by written notice. In determining the amount of the
penalty, the Secretary 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.
(b) Compromising penalties
The Secretary may compromise, modify, or remit, with or without
consideration, a civil penalty under this chapter until the assessment
is referred to the Attorney General.
(c) Referral to Attorney General
If a person fails to pay an assessment of a civil penalty after it
has become final, the Secretary may refer the matter to the Attorney
General for collection in an appropriate district court of the United
States.
(d) Refund of penalty
The Secretary may refund or remit a civil penalty collected under
this chapter if--
(1) application has been made for refund or remission of the
penalty within one year from the date of payment; and
(2) the Secretary finds that the penalty was unlawfully,
improperly, or excessively imposed.
(Pub. L. 100-688, title IV, Sec. 4108, Nov. 18, 1988, 102 Stat. 4158.)
