43 U.S. Code § 1350 - Remedies and penalties

(a) Injunctions, restraining orders, etc.
At the request of the Secretary, the Secretary of the Army, or the Secretary of the Department in which the Coast Guard is operating, the Attorney General or a United States attorney shall institute a civil action in the district court of the United States for the district in which the affected operation is located for a temporary restraining order, injunction, or other appropriate remedy to enforce any provision of this subchapter, any regulation or order issued under this subchapter, or any term of a lease, license, or permit issued pursuant to this subchapter.
(b) Civil penalties; hearing
(1) Except as provided in paragraph (2), if any person fails to comply with any provision of this subchapter, or any term of a lease, license, or permit issued pursuant to this subchapter, or any regulation or order issued under this subchapter, after notice of such failure and expiration of any reasonable period allowed for corrective action, such person shall be liable for a civil penalty of not more than $20,000 for each day of the continuance of such failure. The Secretary may assess, collect, and compromise any such penalty. No penalty shall be assessed until the person charged with a violation has been given an opportunity for a hearing. The Secretary shall, by regulation at least every 3 years, adjust the penalty specified in this paragraph to reflect any increases in the Consumer Price Index (all items, United States city average) as prepared by the Department of Labor.
(2) If a failure described in paragraph (1) constitutes or constituted a threat of serious, irreparable, or immediate harm or damage to life (including fish and other aquatic life), property, any mineral deposit, or the marine, coastal, or human environment, a civil penalty may be assessed without regard to the requirement of expiration of a period allowed for corrective action.
(c) Criminal penalties
Any person who knowingly and willfully
(1) violates any provision of this subchapter, any term of a lease, license, or permit issued pursuant to this subchapter, or any regulation or order issued under the authority of this subchapter designed to protect health, safety, or the environment or conserve natural resources,
(2) makes any false statement, representation, or certification in any application, record, report, or other document filed or required to be maintained under this subchapter,
(3) falsifies, tampers with, or renders inaccurate any monitoring device or method of record required to be maintained under this subchapter, or
(4) reveals any data or information required to be kept confidential by this subchapter shall, upon conviction, be punished by a fine of not more than $100,000, or by imprisonment for not more than ten years, or both. Each day that a violation under clause (1) of this subsection continues, or each day that any monitoring device or data recorder remains inoperative or inaccurate because of any activity described in clause (3) of this subsection, shall constitute a separate violation.
(d) Liability of corporate officers and agents for violations by corporation
Whenever a corporation or other entity is subject to prosecution under subsection (c) of this section, any officer or agent of such corporation or entity who knowingly and willfully authorized, ordered, or carried out the proscribed activity shall be subject to the same fines or imprisonment, or both, as provided for under subsection (c) of this section.
(e) Concurrent and cumulative nature of penalties
The remedies and penalties prescribed in this subchapter shall be concurrent and cumulative and the exercise of one shall not preclude the exercise of the others. Further, the remedies and penalties prescribed in this subchapter shall be in addition to any other remedies and penalties afforded by any other law or regulation.

Source

(Aug. 7, 1953, ch. 345, § 24, as added Pub. L. 95–372, title II, § 208,Sept. 18, 1978, 92 Stat. 659; amended Pub. L. 101–380, title VIII, § 8201,Aug. 18, 1990, 104 Stat. 570.)
Amendments

1990—Subsec. (b). Pub. L. 101–380substituted “(1) Except as provided in paragraph (2), if any” for “If any”, substituted “$20,000” for “$10,000”, inserted at end “The Secretary shall, by regulation at least every 3 years, adjust the penalty specified in this paragraph to reflect any increases in the Consumer Price Index (all items, United States city average) as prepared by the Department of Labor”, and added par. (2).
Effective Date of 1990 Amendment

Amendment by Pub. L. 101–380applicable to incidents occurring after Aug. 18, 1990, see section 1020 ofPub. L. 101–380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters.
Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468 (b), 551 (d), 552 (d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

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43 USCDescription of ChangeSession YearPublic LawStatutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

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18 CFR - Conservation of Power and Water Resources

18 CFR Part 284 - CERTAIN SALES AND TRANSPORTATION OF NATURAL GAS UNDER THE NATURAL GAS POLICY ACT OF 1978 AND RELATED AUTHORITIES

30 CFR - Mineral Resources

30 CFR Part 203 - RELIEF OR REDUCTION IN ROYALTY RATES

30 CFR Part 252 - OUTER CONTINENTAL SHELF (OCS) OIL AND GAS INFORMATION PROGRAM

30 CFR Part 552 - OUTER CONTINENTAL SHELF (OCS) OIL AND GAS INFORMATION PROGRAM

30 CFR Part 559 - MINERAL LEASING: DEFINITIONS

30 CFR Part 560 - OUTER CONTINENTAL SHELF OIL AND GAS LEASING

30 CFR Part 1201 - GENERAL

30 CFR Part 1202 - ROYALTIES

30 CFR Part 1203 - RELIEF OR REDUCTION IN ROYALTY RATES

30 CFR Part 1206 - PRODUCT VALUATION

30 CFR Part 1207 - SALES AGREEMENTS OR CONTRACTS GOVERNING THE DISPOSAL OF LEASE PRODUCTS

30 CFR Part 1208 - SALE OF FEDERAL ROYALTY OIL

30 CFR Part 1212 - RECORDS AND FILES MAINTENANCE

30 CFR Part 1218 - COLLECTION OF ROYALTIES, RENTALS, BONUSES, AND OTHER MONIES DUE THE FEDERAL GOVERNMENT

30 CFR Part 1241 - PENALTIES

30 CFR Part 1243 - SUSPENSIONS PENDING APPEAL AND BONDING—OFFICE OF NATURAL RESOURCES REVENUE

33 CFR - Navigation and Navigable Waters

33 CFR Part 140 - GENERAL

33 CFR Part 146 - OPERATIONS

 

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