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42 U.S.C. § 4910 — Enforcement

submitted 54 years ago by Pub. L. 92-574 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 299 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets criminal and civil penalties for specified violations, treats each day as a separate violation, allows the United States to seek court orders stopping violations, and lets the Administrator issue protective orders after notice and a hearing.

(a) Criminal penalties.

(1) A person who willfully or knowingly violates section 4909(a)(1), (3), (5), or (6) may be fined up to $25,000 for each day of violation, imprisoned for up to one year, or both. If the person is convicted of a violation committed after a first conviction under this subsection, the person may be fined up to $50,000 for each day of violation, imprisoned for up to two years, or both.

(2) A person who violates section 4909(a)(1), (3), (5), or (6) may also be subject to a civil penalty of up to $10,000 for each day of violation.

(b) Separate violations. For this section, each day on which any paragraph of section 4909(a) is violated counts as a separate violation of that section.

(c) Actions to stop violations. The United States district courts have jurisdiction over actions brought by and in the name of the United States to stop violations of section 4909(a).

(d) Orders protecting public health and welfare; notice and hearing.

(1) When a person violates section 4909(a), the Administrator may issue an order requiring the relief the Administrator decides is necessary to protect public health and welfare.

(2) The Administrator may issue an order under this subsection only after notice and an opportunity for a hearing under section 554 of title 5.

(e) “Person” defined. In this section, “person” does not include a department, agency, or instrumentality of the United States. This section does not otherwise define “person.”

the actual law source: uscode.house.gov ↗public domain
(a) Criminal penalties
(1)

Any person who willfully or knowingly violates paragraph (1), (3), (5), or (6) of subsection (a) of section 4909 of this title shall be punished by a fine of not more than $25,000 per day of violation, or by imprisonment for not more than one year, or by both. If the conviction is for a violation committed after a first conviction of such person under this subsection, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment for not more than two years, or by both.

(2)

Any person who violates paragraph (1), (3), (5), or (6) of subsection (a) of section 4909 of this title shall be subject to a civil penalty not to exceed $10,000 per day of such violation.

(b) Separate violations

For the purpose of this section, each day of violation of any paragraph of section 4909(a) of this title shall constitute a separate violation of that section.

(c) Actions to restrain violations

The district courts of the United States shall have jurisdiction of actions brought by and in the name of the United States to restrain any violations of section 4909(a) of this title.

(d) Orders issued to protect public health and welfare; notice; opportunity for hearing
(1)

Whenever any person is in violation of section 4909(a) of this title, the Administrator may issue an order specifying such relief as he determines is necessary to protect the public health and welfare.

(2)

Any order under this subsection shall be issued only after notice and opportunity for a hearing in accordance with section 554 of title 5.

(e) “Person” defined

The term “person,” as used in this section, does not include a department, agency, or instrumentality of the United States.

Source credit: (Pub. L. 92–574, § 11, Oct. 27, 1972, 86 Stat. 1242; Pub. L. 95–609, § 4, Nov. 8, 1978, 92 Stat. 3081.)

history & why it existsrecord from the source credit
  • 1972Enacted · Pub. L. 92-574 · 86 Stat. 1242
  • 1978Amended · Pub. L. 95-609 · 92 Stat. 3081

A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-574 on 1972-10-27.

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