
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: 42USC7920]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
           CHAPTER 88--URANIUM MILL TAILINGS RADIATION CONTROL
 
                  SUBCHAPTER I--REMEDIAL ACTION PROGRAM
 
Sec. 7920. Enforcement


(a) Civil penalty; appellate review; action to recover civil penalty; 
        sovereign immunity; equitable remedies

    (1) Any person who violates any provision of this subchapter or any 
cooperative agreement entered into pursuant to this subchapter or any 
rule prescribed under this chapter concerning any designated processing 
site, disposition site, or remedial action shall be subject to an 
assessment by the Secretary of a civil penalty of not more than $1,000 
per day per violation. Such assessment shall be made by order after 
notice and an opportunity for a public hearing, pursuant to section 554 
of title 5.
    (2) Any person against whom a penalty is assessed under this section 
may, within sixty calendar days after the date of the order of the 
Secretary assessing such penalty, institute an action in the United 
States court of appeals for the appropriate judicial circuit for 
judicial review of such order in accordance with chapter 7 of title 5. 
The court shall have jurisdiction to enter a judgment affirming, 
modifying, or setting aside in whole or in part, the order of the 
Secretary, or the court may remand the proceeding to the Secretary for 
such further action as the court may direct.
    (3) If any person fails to pay an assessment of a civil penalty 
after it has become a final and unappealable order, the Secretary shall 
institute an action to recover the amount of such penalty in any 
appropriate district court of the United States. In such action, the 
validity and appropriateness of such final assessment order or judgment 
shall not be subject to review. Section 7172(d) of this title shall not 
apply with respect to the functions of the Secretary under this section.
    (4) No civil penalty may be assessed against the United States or 
any State or political subdivision of a State or any official or 
employee of the foregoing.
    (5) Nothing in this section shall prevent the Secretary from 
enforcing any provision of this subchapter or any cooperative agreement 
or any such rule by injunction or other equitable remedy.

(b) Atomic energy licensing requirements

    Subsection (a) of this section shall not apply to any licensing 
requirement under the Atomic Energy Act of 1954 [42 U.S.C. 2011 et 
seq.]. Such licensing requirements shall be enforced by the Commission 
as provided in such Act.

(Pub. L. 95-604, title I, Sec. 110, Nov. 8, 1978, 92 Stat. 3030.)

                       References in Text

    The Atomic Energy Act of 1954, referred to in subsec. (b), is act 
Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, Sec. 1, 
68 Stat. 921, and amended, which is classified generally to chapter 23 
(Sec. 2011 et seq.) of this title. For complete classification of this 
Act to the Code, see Short Title note set out under section 2011 of this 
title and Tables.
