
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC4910]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                        CHAPTER 65--NOISE CONTROL
 
Sec. 4910. Enforcement


(a) Criminal penalties

    (1) Any person who willfully or knowingly violates paragraph (1), 
(3), (5), or (6) of subsection (a) of section 4909 of this title shall 
be punished by a fine of not more than $25,000 per day of violation, or 
by imprisonment for not more than one year, or by both. If the 
conviction is for a violation committed after a first conviction of such 
person under this subsection, punishment shall be by a fine of not more 
than $50,000 per day of violation, or by imprisonment for not more than 
two years, or by both.
    (2) Any person who violates paragraph (1), (3), (5), or (6) of 
subsection (a) of section 4909 of this title shall be subject to a civil 
penalty not to exceed $10,000 per day of such violation.

(b) Separate violations

    For the purpose of this section, each day of violation of any 
paragraph of section 4909(a) of this title shall constitute a separate 
violation of that section.

(c) Actions to restrain violations

    The district courts of the United States shall have jurisdiction of 
actions brought by and in the name of the United States to restrain any 
violations of section 4909(a) of this title.

(d) Orders issued to protect public health and welfare; notice; 
        opportunity for hearing

    (1) Whenever any person is in violation of section 4909(a) of this 
title, the Administrator may issue an order specifying such relief as he 
determines is necessary to protect the public health and welfare.
    (2) Any order under this subsection shall be issued only after 
notice and opportunity for a hearing in accordance with section 554 of 
title 5.

(e) ``Person'' defined

    The term ``person,'' as used in this section, does not include a 
department, agency, or instrumentality of the United States.

(Pub. L. 92-574, Sec. 11, Oct. 27, 1972, 86 Stat. 1242; Pub. L. 95-609, 
Sec. 4, Nov. 8, 1978, 92 Stat. 3081.)


                               Amendments

    1978--Subsec. (a). Pub. L. 95-609 redesignated existing provisions 
as par. (1) and added par. (2).

                  Section Referred to in Other Sections

    This section is referred to in sections 4902, 4909, 4916, 4917 of 
this title.
