(a)
(2) A person violating a standard or order under section 60103 or 60111 of this title is liable to the Government for a civil penalty of not more than $50,000 for each violation. A penalty under this paragraph may be imposed in addition to penalties imposed under paragraph (1) of this subsection.
(3) A person violating section 60129, or an order issued thereunder, is liable to the Government for a civil penalty of not more than $1,000 for each violation. The penalties provided by paragraph (1) do not apply to a violation of section 60129 or an order issued thereunder.
(b)
(1) the Secretary shall consider—
(A) the nature, circumstances, and gravity of the violation, including adverse impact on the environment;
(B) with respect to the violator, the degree of culpability, any history of prior violations, and any effect on ability to continue doing business; and
(C) good faith in attempting to comply; and
(2) the Secretary may consider—
(A) the economic benefit gained from the violation without any reduction because of subsequent damages; and
(B) other matters that justice requires.
(c)
(2) The Secretary may compromise the amount of a civil penalty imposed under this section before referral to the Attorney General.
(d)
(e)
(f)
|
Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60122(a)(1) | 49 App.:1679a(a)(1), (3) (1st sentence). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §11(a); added Nov. 30, 1979, Pub. L. 96–129, §§104(b), 154, 93 Stat. 992, 1002; Oct. 31, 1988, Pub. L. 100–561, §106, 102 Stat. 2807; Oct. 24, 1992, Pub. L. 102–508, §§112(a), 304(b), 106 Stat. 3295, 3308. |
| 49 App.:2007(a)(1), (2) (1st sentence). | Nov. 30, 1979, Pub. L. 96–129, §208(a), (b), (d), 93 Stat. 1009, 1010; Oct. 31, 1988, Pub. L. 100–561, §205, 102 Stat. 2811; Oct. 24, 1992, Pub. L. 102–508, §211(a), 106 Stat. 3304. | |
| 60122(a)(2) | 49 App.:1679a(a)(2). | |
| 60122(b) | 49 App.:1679a(a)(3) (last sentence). | |
| 49 App.:2007(a)(2) (last sentence). | ||
| 60122(c) | 49 App.:1679a(b) (1st sentence). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §11(b), (d); added Nov. 30, 1979, Pub. L. 96–129, §104(b), 93 Stat. 992, 993. |
| 49 App.:2007(b) (1st sentence). | ||
| 60122(d) | 49 App.:1679a(b) (2d sentence). | |
| 49 App.:2007(b) (2d sentence). | ||
| 60122(e) | 49 App.:1679a(b) (last sentence). | |
| 49 App.:2007(b) (last sentence). | ||
| 60122(f) | 49 App.:1679a(d). | |
| 49 App.:2007(d). |
In subsection (a)(1), the word "prescribed" is added for consistency in the revised title and with other titles of the United States Code. The words "including any order issued under sections 1677(b) and 1679b(b)" in 49 App.:1679a(a)(1) and "including any order issued under section 2006(b) or 2008(b)" in 49 App.:2007(a)(1) are omitted as surplus. The word "occurs" is added for clarity.
In subsection (a)(2), the words "is determined by the Secretary to have" are omitted as surplus. The words "for each violation" are added for clarity and consistency. The word "imposed" is substituted for "to which such person may be subject" for consistency and to eliminate unnecessary words.
In subsection (b)(2), the word "violator" is substituted for "the person found to have committed the violation" for consistency and to eliminate unnecessary words. The words "the penalty" are omitted as surplus.
In subsection (c)(1), the words "The Secretary may request the Attorney General to bring a civil action" are substituted for "in an action brought by the Attorney General on behalf of the United States" for clarity, to eliminate unnecessary words, and because of 28:2461 and rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
In subsection (d), the words "imposed or compromised under this section" are substituted for "of the penalty, when finally determined (or agreed upon in compromise)" to eliminate unnecessary words and for consistency. The words "liable for the penalty" are substituted for "charged" for clarity.
In subsection (f), the words "Separate penalties . . . prescribed under this chapter . . . may not be imposed under this chapter" are substituted for "Nothing in this title shall be construed to authorize . . . penalties" for clarity.
Amendments
2012—Subsec. (a)(1). Pub. L. 112–90, §2(a)(1), substituted "$200,000" for "$100,000" and "$2,000,000" for "$1,000,000".
Subsec. (b)(1)(B). Pub. L. 112–90, §2(a)(2), struck out "the ability to pay," after "violations,".
2006—Subsec. (a)(1). Pub. L. 109–468 substituted "60114(b), 60114(d)," for "60114(b)".
2002—Subsec. (a)(1). Pub. L. 107–355, §21(3), substituted "section 60114(b)" for "section 60114(c)".
Pub. L. 107–355, §8(b)(1), substituted "$100,000" for "$25,000" and "$1,000,000" for "$500,000".
Subsec. (a)(3). Pub. L. 107–355, §6(b), added par. (3).
Subsec. (b). Pub. L. 107–355, §8(b)(2), substituted "under this section—" and pars. (1) and (2) for "under this section, the Secretary shall consider—
"(1) the nature, circumstances, and gravity of the violation;
"(2) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on ability to continue doing business;
"(3) good faith in attempting to comply; and
"(4) other matters that justice requires."
Comptroller General Study
Pub. L. 107–355, §8(d), Dec. 17, 2002, 116 Stat. 2994, required the Comptroller General to study the actions, policies, and procedures of the Secretary of Transportation for assessing and collecting fines and penalties on operators of hazardous liquid and gas transmission pipelines, and to report, not later than 1 year after Dec. 17, 2002, the results of the study to certain committees of Congress.
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