
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC11045]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
       CHAPTER 116--EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW
 
                   SUBCHAPTER III--GENERAL PROVISIONS
 
Sec. 11045. Enforcement


(a) Civil penalties for emergency planning

    The Administrator may order a facility owner or operator (except an 
owner or operator of a facility designated under section 11002(b)(2) of 
this title) to comply with section 11002(c) of this title and section 
11003(d) of this title. The United States district court for the 
district in which the facility is located shall have jurisdiction to 
enforce the order, and any person who violates or fails to obey such an 
order shall be liable to the United States for a civil penalty of not 
more than $25,000 for each day in which such violation occurs or such 
failure to comply continues.

(b) Civil, administrative, and criminal penalties for emergency 
        notification

                 (1) Class I administrative penalty

        (A) A civil penalty of not more than $25,000 per violation may 
    be assessed by the Administrator in the case of a violation of the 
    requirements of section 11004 of this title.
        (B) No civil penalty may be assessed under this subsection 
    unless the person accused of the violation is given notice and 
    opportunity for a hearing with respect to the violation.
        (C) In determining the amount of any penalty assessed pursuant 
    to this subsection, 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, any 
    prior history of such violations, the degree of culpability, 
    economic benefit or savings (if any) resulting from the violation, 
    and such other matters as justice may require.

                 (2) Class II administrative penalty

        A civil penalty of not more than $25,000 per day for each day 
    during which the violation continues may be assessed by the 
    Administrator in the case of a violation of the requirements of 
    section 11004 of this title. In the case of a second or subsequent 
    violation the amount of such penalty may be not more than $75,000 
    for each day during which the violation continues. Any civil penalty 
    under this subsection shall be assessed and collected in the same 
    manner, and subject to the same provisions, as in the case of civil 
    penalties assessed and collected under section 2615 of title 15. In 
    any proceeding for the assessment of a civil penalty under this 
    subsection the Administrator may issue subpoenas for the attendance 
    and testimony of witnesses and the production of relevant papers, 
    books, and documents and may promulgate rules for discovery 
    procedures.

                       (3) Judicial assessment

        The Administrator may bring an action in the United States 
    District \1\ court for the appropriate district to assess and 
    collect a penalty of not more than $25,000 per day for each day 
    during which the violation continues in the case of a violation of 
    the requirements of section 11004 of this title. In the case of a 
    second or subsequent violation, the amount of such penalty may be 
    not more than $75,000 for each day during which the violation 
    continues.
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    \1\ So in original. Probably should not be capitalized.
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                       (4) Criminal penalties

        Any person who knowingly and willfully fails to provide notice 
    in accordance with section 11004 of this title shall, upon 
    conviction, be fined not more than $25,000 or imprisoned for not 
    more than two years, or both (or in the case of a second or 
    subsequent conviction, shall be fined not more than $50,000 or 
    imprisoned for not more than five years, or both).

(c) Civil and administrative penalties for reporting requirements

    (1) Any person (other than a governmental entity) who violates any 
requirement of section 11022 or 11023 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.
    (2) Any person (other than a governmental entity) who violates any 
requirement of section 11021 or 11043(b) of this title, and any person 
who fails to furnish to the Administrator information required under 
section 11042(a)(2) of this title shall be liable to the United States 
for a civil penalty in an amount not to exceed $10,000 for each such 
violation.
    (3) Each day a violation described in paragraph (1) or (2) continues 
shall, for purposes of this subsection, constitute a separate violation.
    (4) The Administrator may assess any civil penalty for which a 
person is liable under this subsection by administrative order or may 
bring an action to assess and collect the penalty in the United States 
district court for the district in which the person from whom the 
penalty is sought resides or in which such person's principal place of 
business is located.

(d) Civil, administrative, and criminal penalties with respect to trade 
        secrets

      (1) Civil and administrative penalty for frivolous claims

        If the Administrator determines--
            (A)(i) under section 11042(d)(4) of this title that an 
        explanation submitted by a trade secret claimant presents 
        insufficient assertions to support a finding that a specific 
        chemical identity is a trade secret, or (ii) after receiving 
        supplemental supporting detailed information under section 
        11042(d)(3)(A) of this title, that the specific chemical 
        identity is not a trade secret; and
            (B) that the trade secret claim is frivolous,

    the trade secret claimant is liable for a penalty of $25,000 per 
    claim. The Administrator may assess the penalty by administrative 
    order or may bring an action in the appropriate district court of 
    the United States to assess and collect the penalty.

        (2) Criminal penalty for disclosure of trade secret 
                                 information

        Any person who knowingly and willfully divulges or discloses any 
    information entitled to protection under section 11042 of this title 
    shall, upon conviction, be subject to a fine of not more than 
    $20,000 or to imprisonment not to exceed one year, or both.

(e) Special enforcement provisions for section 11043

    Whenever any facility owner or operator required to provide 
information under section 11043 of this title to a health professional 
who has requested such information fails or refuses to provide such 
information in accordance with such section, such health professional 
may bring an action in the appropriate United States district court to 
require such facility owner or operator to provide the information. Such 
court shall have jurisdiction to issue such orders and take such other 
action as may be necessary to enforce the requirements of section 11043 
of this title.

(f) Procedures for administrative penalties

    (1) Any person against whom a civil penalty is assessed under this 
section may obtain review thereof in the appropriate district court of 
the United States by filing a notice of appeal in such court within 30 
days after the date of such order and by simultaneously sending a copy 
of such notice by certified mail to the Administrator. The Administrator 
shall promptly file in such court a certified copy of the record upon 
which such violation was found or such penalty imposed. If any person 
fails to pay an assessment of a civil penalty after it has become a 
final and unappealable order or after the appropriate court has entered 
final judgment in favor of the United States, the Administrator may 
request the Attorney General of the United States to institute a civil 
action in an appropriate district court of the United States to collect 
the penalty, and such court shall have jurisdiction to hear and decide 
any such action. In hearing such action, the court shall have authority 
to review the violation and the assessment of the civil penalty on the 
record.
    (2) The Administrator may issue subpoenas for the attendance and 
testimony of witnesses and the production of relevant papers, books, or 
documents in connection with hearings under this section. In case of 
contumacy or refusal to obey a subpoena issued pursuant to this 
paragraph and served upon any person, the district court of the United 
States for any district in which such person is found, resides, or 
transacts business, upon application by the United States and after 
notice to such person, shall have jurisdiction to issue an order 
requiring such person to appear and give testimony before the 
administrative law judge or to appear and produce documents before the 
administrative law judge, or both, and any failure to obey such order of 
the court may be punished by such court as a contempt thereof.

(Pub. L. 99-499, title III, Sec. 325, Oct. 17, 1986, 100 Stat. 1753.)

                  Section Referred to in Other Sections

    This section is referred to in section 13106 of this title.
