42 U.S.C. § 14304 — Enforcement
submitted 30 years ago by Pub. L. 104-142 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 439 words · no verdicts yet
The Administrator may impose civil penalties or seek court relief for violations of this chapter, except for a requirement of section 14323. The section provides hearing and subpoena procedures and limits certain enforcement actions involving batteries or products sold without modification.
(a) Civil penalty. If, based on any information, the Administrator* determines that a person has violated or is violating a requirement of this chapter, except a requirement of section 14323, the Administrator may: (1) for any violation, issue an order assessing a civil penalty of up to $10,000 for each violation, requiring immediate compliance or compliance within a reasonable specified period, or both; or (2) for any violation or failure to comply with an order under this section, bring a civil action in the United States district court for the district where the violation occurred or where the violator lives, seeking appropriate relief, including a temporary or permanent injunction.
(b) Contents of order. An order under (a)(1) must clearly describe the violation.
(c) Considerations. In setting a fine under (a)(1), the Administrator must weigh how serious the violation is and any good-faith effort to comply.
(d) Finality of order; request for hearing. An order under (a)(1) becomes final unless the named person requests a hearing on the record within 30 days of being served.
(e) Hearing. If a hearing is requested under (d), the Administrator must promptly hold one on the record.
(f) Subpoena power. For any such hearing, the Administrator may subpoena witnesses and relevant papers, books, and documents.
(g) Continued violation after expiration of period for compliance. If a violator misses the deadline set in an order under (a)(1), the Administrator may fine up to $10,000 more for continuing to not comply.
(h) Savings provision. The Administrator cannot take enforcement action against someone who sells, offers for sale, or gives away for promotion a covered battery or product, if it was (1) bought already ready for sale to the final consumer, and (2) sold or offered without modification. This protection does not apply to someone who (A) imports a covered battery and (B) knows the battery's chemical contents make selling it unlawful under subchapter III of this chapter.
When on the basis of any information the Administrator* determines that a person has violated, or is in violation of, any requirement of this chapter (except a requirement of section 14323 of this title) the Administrator—
in the case of any violation, may issue an order assessing a civil penalty of not more than $10,000 for each violation, or requiring compliance immediately or within a reasonable specified time period, or both; or
in the case of any violation or failure to comply with an order issued under this section, may commence a civil action in the United States district court in the district in which the violation occurred or in the district in which the violator resides for appropriate relief, including a temporary or permanent injunction.
An order under subsection (a)(1) shall state* with reasonable specificity the nature of the violation.
In assessing a civil penalty under subsection (a)(1), the Administrator shall take into account the seriousness of the violation and any good faith efforts to comply with applicable requirements.
An order under subsection (a)(1) shall become final unless, not later than 30 days after the order is served, a person named in the order requests a hearing on the record.
On receiving a request under subsection (d), the Administrator shall promptly conduct a hearing on the record.
In connection with any hearing on the record under this section, the Administrator may issue subpoenas for the attendance and testimony of witnesses and for the production of relevant papers, books, and documents.
If a violator fails to take corrective action within the time specified in an order under subsection (a)(1), the Administrator may assess a civil penalty of not more than $10,000 for the continued noncompliance with the order.
The Administrator may not take any enforcement action against a person for selling, offering for sale, or offering for promotional purposes to the ultimate consumer a battery or product covered by this chapter that was—
purchased ready for sale to the ultimate consumer; and
sold, offered for sale, or offered for promotional purposes without modification.
The preceding sentence shall not apply to a person—
who is the importer of a battery covered by this chapter, and
who has knowledge of the chemical contents of the battery
when such chemical contents make the sale, offering for sale, or offering for promotional purposes of such battery unlawful under subchapter III of this chapter.
Source credit: (Pub. L. 104–142, § 5, May 13, 1996, 110 Stat. 1331.)
- 1996Enacted · Pub. L. 104-142 · 110 Stat. 1331
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-142 on 1996-05-13.
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