43 U.S.C. § 1350 — Remedies and penalties

(a) Injunctions, restraining orders, and similar relief. At the request of the Secretary^*, the Secretary of the Army, or the Secretary of the Department in which the Coast Guard operates, the Attorney General or a United States attorney must bring a civil action in the federal district where the affected operation is located. The action may seek a temporary restraining order, injunction, or other proper remedy to enforce this subchapter, a regulation or order issued under it, or a term of a lease^*, license, or permit issued under it. (b) Civil penalties; hearing. (1) Unless paragraph (2) applies, a person^* who, after notice and expiration of a reasonable correction period, fails to comply with this subchapter, such a lease, license, or permit, or such a regulation or order is liable for a civil penalty of up to $20,000 for each day the failure continues. The Secretary may assess, collect, and compromise the penalty. The Secretary may not assess it until the charged person has had an opportunity for a hearing. At least every three years, the Secretary must adjust the stated penalty by regulation to reflect increases in the Consumer Price Index for all items, United States city average, prepared by the Department of Labor. (2) If the failure threatens or threatened serious, irreparable, or immediate harm or damage to life, including fish and other aquatic life, property, a mineral deposit, or the marine, coastal, or human environment^*, the civil penalty may be assessed without waiting for the correction period to expire. (c) Criminal penalties. A person who knowingly and willfully (1) violates this subchapter, a related lease, license, or permit term, or a regulation or order under this subchapter designed to protect health, safety, or the environment or conserve natural resources; (2) makes a false statement, representation, or certification in an application, record, report, or other document filed or required to be kept under this subchapter; (3) falsifies, tampers with, or makes inaccurate a monitoring device or required recordkeeping method; or (4) reveals data or information that this subchapter requires to remain confidential, is, on conviction, subject to a fine of up to $100,000, imprisonment for up to 10 years, or both. Each continuing day of a violation under clause (1), and each day a monitoring device or data recorder remains inoperative or inaccurate because of conduct under clause (3), is a separate violation. (d) Corporate officers and agents. When a corporation or other entity may be prosecuted under subsection (c), an officer or agent who knowingly and willfully authorized, ordered, or carried out the prohibited activity is subject to the same fine or imprisonment, or both. (e) Concurrent and cumulative penalties. The remedies and penalties in this subchapter are concurrent and cumulative. Using one does not prevent using another. They are also in addition to remedies and penalties available under any other law or regulation.