33 U.S.C. § 1415 — Penalties

(a) Civil penalties. A person who violates this subchapter, its rules, or a permit owes a civil penalty of up to $50,000 per violation, assessed by the Administrator. A person who violates it or its rules by dumping medical waste owes up to $125,000 per violation, after written notice and a hearing opportunity. No penalty may be assessed without notice and that opportunity. The Administrator must consider seriousness, prior violations, and the person’s good-faith effort to comply quickly, and may reduce or cancel a penalty for good cause. If unpaid, the Administrator may ask the Attorney General to sue in the proper Federal district court. (b) Criminal penalties. (1) A person who knowingly violates this subchapter, its rules, or a permit may be fined under title 18, imprisoned up to 5 years, or both. (2) A convicted person must forfeit to the United States (A) property that is proceeds of the violation and (B) property used or intended to commit or help commit it. (c) Separate offenses. Each day of a continuing violation, and dumping from each of several vessels or other sources, is a separate offense for civil penalties and criminal fines. (d) Injunctions. The Attorney General or delegate may seek equitable relief to stop an imminent or continuing violation, and Federal district courts have jurisdiction to grant relief the case requires. (e) Vessel liability. A vessel used in a violation, other than a public vessel covered by section 13 of the Federal Water Pollution Control Act, is liable in rem for the civil penalty or criminal fine and may be proceeded against in a proper Federal district court. It is not liable unless an owner or bareboat charterer consented to or was privy to the violation. (f) Permits. If a permit under section 1412 or 1413 is violated, the Administrator or Secretary may revoke it or suspend it for a stated period, but only after notice and a hearing opportunity. (g) Private civil suits. (1) Except as paragraph (2) provides, anyone may sue on their own behalf to enjoin a person, the United States, or another government instrumentality or agency, to the extent the Eleventh Amendment permits, for violating a prohibition, limit, criterion, or permit under this subchapter. Federal district courts have jurisdiction regardless of amount or citizenship. (2) No suit may begin (A) until 60 days after notice to the Administrator or Secretary and alleged violator; (B) while the Attorney General diligently prosecutes a Federal civil action for compliance; (C) while the Administrator assesses a penalty or the Administrator or Secretary pursues permit suspension or revocation; or (D) while the United States diligently prosecutes a Federal or State criminal action for the violation. (3) (A) Suit may be filed where the violation occurs. (B) If the United States is not a party, the Attorney General may intervene for the United States as of right at the Administrator’s or Secretary’s request. (4) A court may award appropriate litigation costs, including reasonable attorney and expert-witness fees. (5) This remedy does not limit other statutory or common-law rights to enforce standards or seek relief. (h) Emergencies. No civil penalty, criminal fine, or imprisonment applies when vessel materials are dumped in an emergency to protect life at sea. The emergency must be reported as the Administrator requires. (i) Seizure and forfeiture. (1) A vessel used for an act penalized under subsection (b) may be seized and forfeited under the title 21 sections 853 and 881 procedures. (2) This does not apply to an act substantially complying with an Administrator compliance or enforcement agreement under section 1414b(c).