
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: 42USC7524]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
          SUBCHAPTER II--EMISSION STANDARDS FOR MOVING SOURCES
 
            Part A--Motor Vehicle Emission and Fuel Standards
 
Sec. 7524. Civil penalties


(a) Violations

    Any person who violates sections \1\ 7522(a)(1), 7522(a)(4), or 
7522(a)(5) of this title or any manufacturer or dealer who violates 
section 7522(a)(3)(A) of this title shall be subject to a civil penalty 
of not more than $25,000. Any person other than a manufacturer or dealer 
who violates section 7522(a)(3)(A) of this title or any person who 
violates section 7522(a)(3)(B) of this title shall be subject to a civil 
penalty of not more than $2,500. Any such violation with respect to 
paragraph (1), (3)(A), or (4) of section 7522(a) of this title shall 
constitute a separate offense with respect to each motor vehicle or 
motor vehicle engine. Any such violation with respect to section 
7522(a)(3)(B) of this title shall constitute a separate offense with 
respect to each part or component. Any person who violates section 
7522(a)(2) of this title shall be subject to a civil penalty of not more 
than $25,000 per day of violation.
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    \1\ So in original. Probably should be ``section''.
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(b) Civil actions

    The Administrator may commence a civil action to assess and recover 
any civil penalty under subsection (a) of this section, section 7545(d) 
of this title, or section 7547(d) of this title. Any action under this 
subsection may be brought in the district court of the United States for 
the district in which the violation is alleged to have occurred or in 
which the defendant resides or has the Administrator's principal place 
of business, and the court shall have jurisdiction to assess a civil 
penalty. In determining the amount of any civil penalty to be assessed 
under this subsection, the court shall take into account the gravity of 
the violation, the economic benefit or savings (if any) resulting from 
the violation, the size of the violator's business, the violator's 
history of compliance with this subchapter, action taken to remedy the 
violation, the effect of the penalty on the violator's ability to 
continue in business, and such other matters as justice may require. In 
any such action, subpoenas for witnesses who are required to attend a 
district court in any district may run into any other district.

(c) Administrative assessment of certain penalties

                (1) Administrative penalty authority

        In lieu of commencing a civil action under subsection (b) of 
    this section, the Administrator may assess any civil penalty 
    prescribed in subsection (a) of this section, section 7545(d) of 
    this title, or section 7547(d) of this title, except that the 
    maximum amount of penalty sought against each violator in a penalty 
    assessment proceeding shall not exceed $200,000, unless the 
    Administrator and the Attorney General jointly determine that a 
    matter involving a larger penalty amount is appropriate for 
    administrative penalty assessment. Any such determination by the 
    Administrator and the Attorney General shall not be subject to 
    judicial review. Assessment of a civil penalty under this subsection 
    shall be by an order made on the record after opportunity for a 
    hearing in accordance with sections 554 and 556 of title 5. The 
    Administrator shall issue reasonable rules for discovery and other 
    procedures for hearings under this paragraph. Before issuing such an 
    order, the Administrator shall give written notice to the person to 
    be assessed an administrative penalty of the Administrator's 
    proposal to issue such order and provide such person an opportunity 
    to request such a hearing on the order, within 30 days of the date 
    the notice is received by such person. The Administrator may 
    compromise, or remit, with or without conditions, any administrative 
    penalty which may be imposed under this section.

                       (2) Determining amount

        In determining the amount of any civil penalty assessed under 
    this subsection, the Administrator shall take into account the 
    gravity of the violation, the economic benefit or savings (if any) 
    resulting from the violation, the size of the violator's business, 
    the violator's history of compliance with this subchapter, action 
    taken to remedy the violation, the effect of the penalty on the 
    violator's ability to continue in business, and such other matters 
    as justice may require.

                (3) Effect of Administrator's action

        (A) Action by the Administrator under this subsection shall not 
    affect or limit the Administrator's authority to enforce any 
    provision of this chapter; except that any violation,
            (i) with respect to which the Administrator has commenced 
        and is diligently prosecuting an action under this subsection, 
        or
            (ii) for which the Administrator has issued a final order 
        not subject to further judicial review and the violator has paid 
        a penalty assessment under this subsection,

    shall not be the subject of civil penalty action under subsection 
    (b) of this section.
        (B) No action by the Administrator under this subsection shall 
    affect any person's obligation to comply with any section of this 
    chapter.

                        (4) Finality of order

        An order issued under this subsection shall become final 30 days 
    after its issuance unless a petition for judicial review is filed 
    under paragraph (5).

                         (5) Judicial review

        Any person against whom a civil penalty is assessed in 
    accordance with this subsection may seek review of the assessment in 
    the United States District Court for the District of Columbia, or 
    for the district in which the violation is alleged to have occurred, 
    in which such person resides, or where such person's principal place 
    of business is located, within the 30-day period beginning on the 
    date a civil penalty order is issued. Such person shall 
    simultaneously send a copy of the filing by certified mail to the 
    Administrator and the Attorney General. The Administrator shall file 
    in the court a certified copy, or certified index, as appropriate, 
    of the record on which the order was issued within 30 days. The 
    court shall not set aside or remand any order issued in accordance 
    with the requirements of this subsection unless there is not 
    substantial evidence in the record, taken as a whole, to support the 
    finding of a violation or unless the Administrator's assessment of 
    the penalty constitutes an abuse of discretion, and the court shall 
    not impose additional civil penalties unless the Administrator's 
    assessment of the penalty constitutes an abuse of discretion. In any 
    proceedings, the United States may seek to recover civil penalties 
    assessed under this section.

                           (6) Collection

        If any person fails to pay an assessment of a civil penalty 
    imposed by the Administrator as provided in this subsection--
            (A) after the order making the assessment has become final, 
        or
            (B) after a court in an action brought under paragraph (5) 
        has entered a final judgment in favor of the Administrator,

    the Administrator shall request the Attorney General to bring a 
    civil action in an appropriate district court to recover the amount 
    assessed (plus interest at rates established pursuant to section 
    6621(a)(2) of title 26 from the date of the final order or the date 
    of the final judgment, as the case may be). In such an action, the 
    validity, amount, and appropriateness of the penalty shall not be 
    subject to review. Any person who fails to pay on a timely basis the 
    amount of an assessment of a civil penalty as described in the first 
    sentence of this paragraph shall be required to pay, in addition to 
    that amount and interest, the United States' enforcement expenses, 
    including attorneys fees and costs for collection proceedings, and a 
    quarterly nonpayment penalty for each quarter during which such 
    failure to pay persists. The nonpayment penalty shall be in an 
    amount equal to 10 percent of the aggregate amount of that person's 
    penalties and nonpayment penalties which are unpaid as of the 
    beginning of such quarter.

(July 14, 1955, ch. 360, title I, Sec. 205, as added Pub. L. 89-272, 
title I, Sec. 101(8), Oct. 20, 1965, 79 Stat. 994; amended Pub. L. 90-
148, Sec. 2, Nov. 21, 1967, 81 Stat. 500; Pub. L. 91-604, Sec. 7(c), 
Dec. 31, 1970, 84 Stat. 1694; Pub. L. 95-95, title II, Sec. 219(c), Aug. 
7, 1977, 91 Stat. 762; Pub. L. 101-549, title II, Sec. 228(c), Nov. 15, 
1990, 104 Stat. 2508.)

                          Codification

    Section was formerly classified to section 1857f-4 of this title.


                               Amendments

    1990--Pub. L. 101-549 amended section generally. Prior to amendment, 
section read as follows: ``Any person who violates paragraph (1), (2), 
or (4) of section 7522(a) of this title or any manufacturer, dealer, or 
other person who violates paragraph (3)(A) of section 7522(a) of this 
title shall be subject to a civil penalty of not more than $10,000. Any 
person who violates paragraph (3)(B) of such section 7522(a) shall be 
subject to a civil penalty of not more than $2,500. Any such violation 
with respect to paragraph (1), (3), or (4) of section 7522(a) of this 
title shall constitute a separate offense with respect to each motor 
vehicle or motor vehicle engine.''
    1977--Pub. L. 95-95 substituted ``Any person who violates paragraph 
(1), (2), or (4) of section 7522(a) of this title, or any manufacturer, 
dealer, or other person who violates paragraph (3)(A) of section 7522(a) 
of this title'' for ``Any person who violates paragraph (1), (2), (3), 
or (4) of section 7522(a) of this title'' in provisions covering the 
civil penalty of $10,000, and inserted provisions for a civil penalty of 
not more than $2,500 for violations of par. (3)(B) of section 7522(a) of 
this title.
    1970--Pub. L. 91-604 increased the upper limit of the allowable fine 
from ``$1,000'' to ``$10,000''.
    1967--Pub. L. 90-148 reenacted section without change.


                    Effective Date of 1977 Amendment

    Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as 
otherwise expressly provided, see section 406(d) of Pub. L. 95-95, set 
out as a note under section 7401 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 7545, 7549, 7607 of this 
title.
