42 U.S. Code § 7524 - Civil penalties

(a) Violations
Any person who violates sections  [1] 7522(a)(1), 7522(a)(4), or 7522(a)(5) of this title or any manufacturer or dealer who violates section 7522 (a)(3)(A) of this title shall be subject to a civil penalty of not more than $25,000. Any person other than a manufacturer or dealer who violates section 7522 (a)(3)(A) of this title or any person who violates section 7522 (a)(3)(B) of this title shall be subject to a civil penalty of not more than $2,500. Any such violation with respect to paragraph (1), (3)(A), or (4) of section 7522 (a) of this title shall constitute a separate offense with respect to each motor vehicle or motor vehicle engine. Any such violation with respect to section 7522 (a)(3)(B) of this title shall constitute a separate offense with respect to each part or component. Any person who violates section 7522 (a)(2) of this title shall be subject to a civil penalty of not more than $25,000 per day of violation.
(b) Civil actions
The Administrator may commence a civil action to assess and recover any civil penalty under subsection (a) of this section, section 7545 (d) of this title, or section 7547 (d) of this title. Any action under this subsection may be brought in the district court of the United States for the district in which the violation is alleged to have occurred or in which the defendant resides or has the Administrator’s principal place of business, and the court shall have jurisdiction to assess a civil penalty. In determining the amount of any civil penalty to be assessed under this subsection, the court shall take into account the gravity of the violation, the economic benefit or savings (if any) resulting from the violation, the size of the violator’s business, the violator’s history of compliance with this subchapter, action taken to remedy the violation, the effect of the penalty on the violator’s ability to continue in business, and such other matters as justice may require. In any such action, subpoenas for witnesses who are required to attend a district court in any district may run into any other district.
(c) Administrative assessment of certain penalties
(1) Administrative penalty authority
In lieu of commencing a civil action under subsection (b) of this section, the Administrator may assess any civil penalty prescribed in subsection (a) of this section, section 7545 (d) of this title, or section 7547 (d) of this title, except that the maximum amount of penalty sought against each violator in a penalty assessment proceeding shall not exceed $200,000, unless the Administrator and the Attorney General jointly determine that a matter involving a larger penalty amount is appropriate for administrative penalty assessment. Any such determination by the Administrator and the Attorney General shall not be subject to judicial review. Assessment of a civil penalty under this subsection shall be by an order made on the record after opportunity for a hearing in accordance with sections 554 and 556 of title 5. The Administrator shall issue reasonable rules for discovery and other procedures for hearings under this paragraph. Before issuing such an order, the Administrator shall give written notice to the person to be assessed an administrative penalty of the Administrator’s proposal to issue such order and provide such person an opportunity to request such a hearing on the order, within 30 days of the date the notice is received by such person. The Administrator may compromise, or remit, with or without conditions, any administrative penalty which may be imposed under this section.
(2) Determining amount
In determining the amount of any civil penalty assessed under this subsection, the Administrator shall take into account the gravity of the violation, the economic benefit or savings (if any) resulting from the violation, the size of the violator’s business, the violator’s history of compliance with this subchapter, action taken to remedy the violation, the effect of the penalty on the violator’s ability to continue in business, and such other matters as justice may require.
(3) Effect of Administrator’s action
(A) Action by the Administrator under this subsection shall not affect or limit the Administrator’s authority to enforce any provision of this chapter; except that any violation,
(i) with respect to which the Administrator has commenced and is diligently prosecuting an action under this subsection, or
(ii) for which the Administrator has issued a final order not subject to further judicial review and the violator has paid a penalty assessment under this subsection,
shall not be the subject of civil penalty action under subsection (b) of this section.
(B) No action by the Administrator under this subsection shall affect any person’s obligation to comply with any section of this chapter.
(4) Finality of order
An order issued under this subsection shall become final 30 days after its issuance unless a petition for judicial review is filed under paragraph (5).
(5) Judicial review
Any person against whom a civil penalty is assessed in accordance with this subsection may seek review of the assessment in the United States District Court for the District of Columbia, or for the district in which the violation is alleged to have occurred, in which such person resides, or where such person’s principal place of business is located, within the 30-day period beginning on the date a civil penalty order is issued. Such person shall simultaneously send a copy of the filing by certified mail to the Administrator and the Attorney General. The Administrator shall file in the court a certified copy, or certified index, as appropriate, of the record on which the order was issued within 30 days. The court shall not set aside or remand any order issued in accordance with the requirements of this subsection unless there is not substantial evidence in the record, taken as a whole, to support the finding of a violation or unless the Administrator’s assessment of the penalty constitutes an abuse of discretion, and the court shall not impose additional civil penalties unless the Administrator’s assessment of the penalty constitutes an abuse of discretion. In any proceedings, the United States may seek to recover civil penalties assessed under this section.
(6) Collection
If any person fails to pay an assessment of a civil penalty imposed by the Administrator as provided in this subsection—
(A) after the order making the assessment has become final, or
(B) after a court in an action brought under paragraph (5) has entered a final judgment in favor of the Administrator,
the Administrator shall request the Attorney General to bring a civil action in an appropriate district court to recover the amount assessed (plus interest at rates established pursuant to section 6621 (a)(2) of title 26 from the date of the final order or the date of the final judgment, as the case may be). In such an action, the validity, amount, and appropriateness of the penalty shall not be subject to review. Any person who fails to pay on a timely basis the amount of an assessment of a civil penalty as described in the first sentence of this paragraph shall be required to pay, in addition to that amount and interest, the United States’ enforcement expenses, including attorneys fees and costs for collection proceedings, and a quarterly nonpayment penalty for each quarter during which such failure to pay persists. The nonpayment penalty shall be in an amount equal to 10 percent of the aggregate amount of that person’s penalties and nonpayment penalties which are unpaid as of the beginning of such quarter.


[1]  So in original. Probably should be “section”.

Source

(July 14, 1955, ch. 360, title I, § 205, as added Pub. L. 89–272, title I, § 101(8),Oct. 20, 1965, 79 Stat. 994; amended Pub. L. 90–148, § 2,Nov. 21, 1967, 81 Stat. 500; Pub. L. 91–604, § 7(c),Dec. 31, 1970, 84 Stat. 1694; Pub. L. 95–95, title II, § 219(c),Aug. 7, 1977, 91 Stat. 762; Pub. L. 101–549, title II, § 228(c),Nov. 15, 1990, 104 Stat. 2508.)
Codification

Section was formerly classified to section 1857f–4 of this title.
Amendments

1990—Pub. L. 101–549amended section generally. Prior to amendment, section read as follows: “Any person who violates paragraph (1), (2), or (4) of section 7522 (a) of this title or any manufacturer, dealer, or other person who violates paragraph (3)(A) of section 7522 (a) of this title shall be subject to a civil penalty of not more than $10,000. Any person who violates paragraph (3)(B) of such section 7522 (a) shall be subject to a civil penalty of not more than $2,500. Any such violation with respect to paragraph (1), (3), or (4) of section 7522 (a) of this title shall constitute a separate offense with respect to each motor vehicle or motor vehicle engine.”
1977—Pub. L. 95–95substituted “Any person who violates paragraph (1), (2), or (4) of section 7522 (a) of this title, or any manufacturer, dealer, or other person who violates paragraph (3)(A) of section 7522 (a) of this title” for “Any person who violates paragraph (1), (2), (3), or (4) of section 7522 (a) of this title” in provisions covering the civil penalty of $10,000, and inserted provisions for a civil penalty of not more than $2,500 for violations of par. (3)(B) of section 7522 (a) of this title.
1970—Pub. L. 91–604increased the upper limit of the allowable fine from “$1,000” to “$10,000”.
1967—Pub. L. 90–148reenacted section without change.
Effective Date of 1977 Amendment

Amendment by Pub. L. 95–95effective Aug. 7, 1977, except as otherwise expressly provided, see section 406(d) ofPub. L. 95–95, set out as a note under section 7401 of this title.

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40 CFR Part 51 - REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS

40 CFR Part 60 - STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

40 CFR Part 62 - APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS

40 CFR Part 79 - REGISTRATION OF FUELS AND FUEL ADDITIVES

40 CFR Part 81 - DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

40 CFR Part 85 - CONTROL OF AIR POLLUTION FROM MOBILE SOURCES

40 CFR Part 86 - CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES

40 CFR Part 89 - CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD COMPRESSION-IGNITION ENGINES

40 CFR Part 90 - CONTROL OF EMISSIONS FROM NONROAD SPARK-IGNITION ENGINES AT OR BELOW 19 KILOWATTS

40 CFR Part 91 - CONTROL OF EMISSIONS FROM MARINE SPARK-IGNITION ENGINES

40 CFR Part 92 - CONTROL OF AIR POLLUTION FROM LOCOMOTIVES AND LOCOMOTIVE ENGINES

40 CFR Part 93 - DETERMINING CONFORMITY OF FEDERAL ACTIONS TO STATE OR FEDERAL IMPLEMENTATION PLANS

40 CFR Part 94 - CONTROL OF EMISSIONS FROM MARINE COMPRESSION-IGNITION ENGINES

40 CFR Part 451 - CONCENTRATED AQUATIC ANIMAL PRODUCTION POINT SOURCE CATEGORY

40 CFR Part 1027 - FEES FOR ENGINE, VEHICLE, AND EQUIPMENT COMPLIANCE PROGRAMS

40 CFR Part 1036 - CONTROL OF EMISSIONS FROM NEW AND IN-USE HEAVY-DUTY HIGHWAY ENGINES

40 CFR Part 1037 - CONTROL OF EMISSIONS FROM NEW HEAVY-DUTY MOTOR VEHICLES

40 CFR Part 1039 - CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD COMPRESSION-IGNITION ENGINES

40 CFR Part 1045 - CONTROL OF EMISSIONS FROM SPARK-IGNITION PROPULSION MARINE ENGINES AND VESSELS

40 CFR Part 1048 - CONTROL OF EMISSIONS FROM NEW, LARGE NONROAD SPARK-IGNITION ENGINES

40 CFR Part 1051 - CONTROL OF EMISSIONS FROM RECREATIONAL ENGINES AND VEHICLES

40 CFR Part 1054 - CONTROL OF EMISSIONS FROM NEW, SMALL NONROAD SPARK-IGNITION ENGINES AND EQUIPMENT

40 CFR Part 1060 - CONTROL OF EVAPORATIVE EMISSIONS FROM NEW AND IN-USE NONROAD AND STATIONARY EQUIPMENT

40 CFR Part 1065 - ENGINE-TESTING PROCEDURES

40 CFR Part 1066 - VEHICLE-TESTING PROCEDURES

40 CFR Part 1068 - GENERAL COMPLIANCE PROVISIONS FOR HIGHWAY, STATIONARY, AND NONROAD PROGRAMS

40 CFR Part 1074 - PREEMPTION OF STATE STANDARDS AND PROCEDURES FOR WAIVER OF FEDERAL PREEMPTION FOR NONROAD ENGINES AND NONROAD VEHICLES

 

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