
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: 42USC14304]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
    CHAPTER 137--MANAGEMENT OF RECHARGEABLE BATTERIES AND BATTERIES 
                           CONTAINING MERCURY
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 14304. Enforcement


(a) Civil penalty

    When on the basis of any information the Administrator determines 
that a person has violated, or is in violation of, any requirement of 
this chapter (except a requirement of section 14323 of this title) the 
Administrator--
        (1) in the case of any violation, may issue an order assessing a 
    civil penalty of not more than $10,000 for each violation, or 
    requiring compliance immediately or within a reasonable specified 
    time period, or both; or
        (2) in the case of any violation or failure to comply with an 
    order issued under this section, may commence a civil action in the 
    United States district court in the district in which the violation 
    occurred or in the district in which the violator resides for 
    appropriate relief, including a temporary or permanent injunction.

(b) Contents of order

    An order under subsection (a)(1) of this section shall state with 
reasonable specificity the nature of the violation.

(c) Considerations

    In assessing a civil penalty under subsection (a)(1) of this 
section, the Administrator shall take into account the seriousness of 
the violation and any good faith efforts to comply with applicable 
requirements.

(d) Finality of order; request for hearing

    An order under subsection (a)(1) of this section shall become final 
unless, not later than 30 days after the order is served, a person named 
in the order requests a hearing on the record.

(e) Hearing

    On receiving a request under subsection (d) of this section, the 
Administrator shall promptly conduct a hearing on the record.

(f) Subpoena power

    In connection with any hearing on the record under this section, the 
Administrator may issue subpoenas for the attendance and testimony of 
witnesses and for the production of relevant papers, books, and 
documents.

(g) Continued violation after expiration of period for compliance

    If a violator fails to take corrective action within the time 
specified in an order under subsection (a)(1) of this section, the 
Administrator may assess a civil penalty of not more than $10,000 for 
the continued noncompliance with the order.

(h) Savings provision

    The Administrator may not take any enforcement action against a 
person for selling, offering for sale, or offering for promotional 
purposes to the ultimate consumer a battery or product covered by this 
chapter that was--
        (1) purchased ready for sale to the ultimate consumer; and
        (2) sold, offered for sale, or offered for promotional purposes 
    without modification.

The preceding sentence shall not apply to a person--
        (A) who is the importer of a battery covered by this chapter, 
    and
        (B) who has knowledge of the chemical contents of the battery

when such chemical contents make the sale, offering for sale, or 
offering for promotional purposes of such battery unlawful under 
subchapter III of this chapter.

(Pub. L. 104-142, Sec. 5, May 13, 1996, 110 Stat. 1331.)
