
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: 42USC2282]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
 
                        Division A--Atomic Energy
 
                 SUBCHAPTER XVII--ENFORCEMENT OF CHAPTER
 
Sec. 2282. Civil penalties


(a) Violations of licensing requirements

    Any person who (1) violates any licensing or certification provision 
of section 2073, 2077, 2092, 2093, 2111, 2112, 2131, 2133, 2134, 2137, 
2139, or 2297f of this title or any rule, regulation, or order issued 
thereunder, or any term, condition, or limitation of any license or 
certification issued thereunder, or (2) commits any violation for which 
a license may be revoked under section 2236 of this title, shall be 
subject to a civil penalty, to be imposed by the Commission, of not to 
exceed $100,000 for each such violation. If any violation is a 
continuing one, each day of such violation shall constitute a separate 
violation for the purpose of computing the applicable civil penalty. The 
Commission shall have the power to compromise, mitigate, or remit such 
penalties.

(b) Notice

    Whenever the Commission has reason to believe that a person has 
become subject to the imposition of a civil penalty under the provisions 
of this section, it shall notify such person in writing (1) setting 
forth the date, facts, and nature of each act or omission with which the 
person is charged, (2) specifically identifying the particular provision 
or provisions of the section, rule, regulation, order, or license 
involved in the violation, and (3) advising of each penalty which the 
Commission proposes to impose and its amount. Such written notice shall 
be sent by registered or certified mail by the Commission to the last 
known address of such person. The person so notified shall be granted an 
opportunity to show in writing, within such reasonable period as the 
Commission shall by regulation prescribe, why such penalty should not be 
imposed. The notice shall also advise such person that upon failure to 
pay the civil penalty subsequently determined by the Commission, if any, 
the penalty may be collected by civil action.

(c) Collection of penalties

    On the request of the Commission, the Attorney General is authorized 
to institute a civil action to collect a penalty imposed pursuant to 
this section. The Attorney General shall have the exclusive power to 
compromise, mitigate, or remit such civil penalties as are referred to 
him for collection.

(Aug. 1, 1946, ch. 724, title I, Sec. 234, as added Pub. L. 91-161, 
Sec. 4, Dec. 24, 1969, 83 Stat. 444; amended Pub. L. 96-295, title II, 
Sec. 206, June 30, 1980, 94 Stat. 787; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 
104-134, title III, Sec. 3116(d), Apr. 26, 1996, 110 Stat. 1321-350.)


                               Amendments

    1996--Subsec. (a). Pub. L. 104-134, in first sentence, substituted 
``any licensing or certification provision of section 2073, 2077, 2092, 
2093, 2111, 2112, 2131, 2133, 2134, 2137, 2139, or 2297f of this title'' 
for ``any licensing provision of section 2073, 2077, 2092, 2093, 2111, 
2112, 2131, 2133, 2134, 2137, or 2139 of this title'' and ``any license 
or certification issued thereunder'' for ``any license issued 
thereunder''.
    1980--Subsec. (a). Pub. L. 96-295 substituted $100,000 penalty 
limitation per violation for $5,000 limit per violation and $25,000 
limit for all violations taking place within any thirty consecutive day 
period.

                          Transfer of Functions

    Atomic Energy Commission abolished and functions transferred by 
sections 5814 and 5841 of this title. See also Transfer of Functions 
notes set out under those sections.

                  Section Referred to in Other Sections

    This section is referred to in sections 2114, 2167, 2168, 5846 of 
this title.
