§ 2615. — Penalties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2615]
TITLE 15--COMMERCE AND TRADE
CHAPTER 53--TOXIC SUBSTANCES CONTROL
SUBCHAPTER I--CONTROL OF TOXIC SUBSTANCES
Sec. 2615. Penalties
(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.
(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.
Section Referred to in Other Sections
This section is referred to in sections 2619, 2629, 2647 of this
title; title 21 section 346a; title 42 sections 4852d, 11045.
