
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: 42USC8431]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
             CHAPTER 92--POWERPLANT AND INDUSTRIAL FUEL USE
 
             SUBCHAPTER VII--ADMINISTRATION AND ENFORCEMENT
 
                           Part C--Enforcement
 
Sec. 8431. Notice of violation; other general provisions


(a) Notice of violation

    (1) Whenever, on the basis of any information available, the 
Secretary finds that any person is in violation of any provision of this 
chapter, or any rule or order thereunder, the Secretary shall issue 
notice of such violation. Any notice issued under this subsection shall 
be in writing and shall state with reasonable specificity the nature of 
the violation.
    (2) Paragraph (1) shall not be construed to relieve any person of 
liability under the other provisions of this chapter for any act or 
omission occurring before the issuance of notice.

(b) Individual liability of corporate personnel

    Any individual director, officer, or agent of a corporation who 
willfully authorizes, orders, or performs any of the acts or practices 
constituting in whole or in part a violation of this chapter, or any 
rule or order thereunder, shall be subject to penalties under this 
section without regard to any penalties to which the corporation may be 
subject, except that no such individual director, officer, or agent 
shall be subject to imprisonment under section 8432 of this title, 
unless he also knew of noncompliance by the corporation or had received 
from the Secretary notice of noncompliance by the corporation.

(c) Repealed. Pub. L. 100-42, Sec. 1(c)(18), May 21, 1987, 101 Stat. 313

(d) Federal agencies

    The provisions of sections 8432 and 8433 of this title shall not be 
construed to apply to any Federal agency or officer or employee thereof 
acting in his official capacity.

(Pub. L. 95-620, title VII, Sec. 721, Nov. 9, 1978, 92 Stat. 3333; Pub. 
L. 100-42, Sec. 1(c)(18), May 21, 1987, 101 Stat. 313.)


                               Amendments

    1987--Subsec. (c). Pub. L. 100-42 struck out subsec. (c) which read 
as follows: ``No person shall be subject to any penalty under this part 
with respect to the operation of any powerplant in excess of that 
allowed by an exemption granted on the basis of the operation of such 
powerplant as a peakload powerplant if it is demonstrated to the 
Secretary that such operation was necessary to meet peakload demand and 
that other peakload powerplants within the same system as such 
powerplant--
        ``(1) were unavailable for service--
            ``(A) due to unit or system outages; or
            ``(B) because operation of such other powerplants would 
        result in their exceeding the hours of operation allowed under 
        an exemption; and
        ``(2) have not been operated other than to meet peakload 
    demand.''
