It shall be unlawful for any person to violate any provision of subchapter II of this chapter or any rule or order issued under any such provision.
(b) Civil penalties
Any person who violates any provision of subchapter II of this chapter or any provision of any rule or order thereunder shall be subject to a civil penalty of not more than $1,000,000 for each day that such violation continues. Such penalty shall be assessed by the Commission, after notice and opportunity for public hearing, in accordance with the same provisions as are applicable under section
823b(d) of this title in the case of civil penalties assessed under section
823b of this title. In determining the amount of a proposed penalty, the Commission shall take into consideration the seriousness of the violation and the efforts of such person to remedy the violation in a timely manner.
2005—Pub. L. 109–58substituted “subchapter II of this chapter” for “section
824m of this title” in subsecs. (a) and (b) and “$1,000,000” for “$10,000” in subsec. (b).
State Authorities; Construction
Nothing in this section to be construed as affecting or intending to affect, or in any way to interfere with, authority of any State or local government relating to environmental protection or siting of facilities, see section 731 ofPub. L. 102–486, set out as a note under section
796 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.