
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC2615]

 
                      TITLE 15--COMMERCE AND TRADE
 
                  CHAPTER 53--TOXIC SUBSTANCES CONTROL
 
                SUBCHAPTER I--CONTROL OF TOXIC SUBSTANCES
 
Sec. 2615. Penalties


(a) Civil

    (1) Any person who violates a provision of section 2614 or 2689 of 
this title shall be liable to the United States for a civil penalty in 
an amount not to exceed $25,000 for each such violation. Each day such a 
violation continues shall, for purposes of this subsection, constitute a 
separate violation of section 2614 or 2689 of this title.
    (2)(A) A civil penalty for a violation of section section 2614 or 
2689 of this title shall be assessed by the Administrator by an order 
made on the record after opportunity (provided in accordance with this 
subparagraph) for a hearing in accordance with section 554 of title 5. 
Before issuing such an order, the Administrator shall give written 
notice to the person to be assessed a civil penalty under such order of 
the Administrator's proposal to issue such order and provide such person 
an opportunity to request, within 15 days of the date the notice is 
received by such person, such a hearing on the order.
    (B) In determining the amount of a civil penalty, the Administrator 
shall take into account the nature, circumstances, extent, and gravity 
of the violation or violations and, with respect to the violator, 
ability to pay, effect on ability to continue to do business, any 
history of prior such violations, the degree of culpability, and such 
other matters as justice may require.
    (C) The Administrator may compromise, modify, or remit, with or 
without conditions, any civil penalty which may be imposed under this 
subsection. The amount of such penalty, when finally determined, or the 
amount agreed upon in compromise, may be deducted from any sums owing by 
the United States to the person charged.
    (3) Any person who requested in accordance with paragraph (2)(A) a 
hearing respecting the assessment of a civil penalty and who is 
aggrieved by an order assessing a civil penalty may file a petition for 
judicial review of such order with the United States Court of Appeals 
for the District of Columbia Circuit or for any other circuit in which 
such person resides or transacts business. Such a petition may only be 
filed within the 30-day period beginning on the date the order making 
such assessment was issued.
    (4) If any person fails to pay an assessment of a civil penalty--
        (A) after the order making the assessment has become a final 
    order and if such person does not file a petition for judicial 
    review of the order in accordance with paragraph (3), or
        (B) after a court in an action brought under paragraph (3) has 
    entered a final judgment in favor of the Administrator,

the Attorney General shall recover the amount assessed (plus interest at 
currently prevailing rates from the date of the expiration of the 30-day 
period referred to in paragraph (3) or the date of such final judgment, 
as the case may be) in an action brought in any appropriate district 
court of the United States. In such an action, the validity, amount, and 
appropriateness of such penalty shall not be subject to review.

(b) Criminal

    Any person who knowingly or willfully violates any provision of 
section 2614 or 2689 of this title, shall, in addition to or in lieu of 
any civil penalty which may be imposed under subsection (a) of this 
section for such violation, be subject, upon conviction, to a fine of 
not more than $25,000 for each day of violation, or to imprisonment for 
not more than one year, or both.

(Pub. L. 94-469, title I, Sec. 16, Oct. 11, 1976, 90 Stat. 2037; 
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986, 100 
Stat. 2989; amended Pub. L. 102-550, title X, Sec. 1021(b)(5), Oct. 28, 
1992, 106 Stat. 3923.)


                               Amendments

    1992--Subsecs. (a)(1), (2)(A), (b). Pub. L. 102-550 substituted 
``section 2614 or 2689 of this title'' for ``section 2614 of this 
title'' wherever appearing.

                  Section Referred to in Other Sections

    This section is referred to in sections 2619, 2629, 2647 of this 
title; title 21 section 346a; title 42 sections 4852d, 11045.
