
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: 33USC2608]

 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
     CHAPTER 39--SHORE PROTECTION FROM MUNICIPAL OR COMMERCIAL WASTE
 
                     SUBCHAPTER I--SHORE PROTECTION
 
Sec. 2608. Civil penalty procedures


(a) General procedures

    After notice and an opportunity for a hearing, a person found by the 
Secretary of Transportation to have violated this chapter or a 
regulation prescribed under this chapter for which a civil penalty is 
provided, is liable to the United States Government for the civil 
penalty provided. The amount of the civil penalty shall be assessed by 
the Secretary by written notice. In determining the amount of the 
penalty, the Secretary shall consider the nature, circumstances, extent, 
and gravity of the prohibited acts committed and, with respect to the 
violator, the degree of culpability, any history of prior offenses, 
ability to pay, and other matters that justice requires.

(b) Compromising penalties

    The Secretary may compromise, modify, or remit, with or without 
consideration, a civil penalty under this chapter until the assessment 
is referred to the Attorney General.

(c) Referral to Attorney General

    If a person fails to pay an assessment of a civil penalty after it 
has become final, the Secretary may refer the matter to the Attorney 
General for collection in an appropriate district court of the United 
States.

(d) Refund of penalty

    The Secretary may refund or remit a civil penalty collected under 
this chapter if--
        (1) application has been made for refund or remission of the 
    penalty within one year from the date of payment; and
        (2) the Secretary finds that the penalty was unlawfully, 
    improperly, or excessively imposed.

(Pub. L. 100-688, title IV, Sec. 4108, Nov. 18, 1988, 102 Stat. 4158.)
