
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: 42USC9152]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
               CHAPTER 99--OCEAN THERMAL ENERGY CONVERSION
 
                       SUBCHAPTER III--ENFORCEMENT
 
Sec. 9152. Remedies and penalties


(a) Issuance and enforcement of orders

    (1) The Administrator or his delegate shall have the authority to 
issue and enforce orders during proceedings brought under this chapter. 
Such authority shall include the authority to issue subpenas, administer 
oaths, compel the attendance and testimony of witnesses and the 
production of books, papers, documents, and other evidence, to take 
depositions before any designated individual competent to administer 
oaths, and to examine witnesses.
    (2) Whenever on the basis of any information available to him the 
Administrator finds that any person subject to section 9151 of this 
title is in violation of any provision of this chapter or any rule, 
regulation, order, license, or term or condition thereof, or other 
requirements under this chapter, he may issue an order requiring such 
person to comply with such provision or requirement, or bring a civil 
action in accordance with subsection (b) of this section.
    (3) Any compliance order issued under this subsection shall state 
with reasonable specificity the nature of the violation and a time for 
compliance, not to exceed 30 days, which the Administrator determines is 
reasonable, taking into account the seriousness of the violation and any 
good faith efforts to comply with applicable requirements.

(b) Civil actions by Attorney General; equitable relief

    (1) Upon a request by the Administrator, the Attorney General shall 
commence a civil action for appropriate relief, including a permanent or 
temporary injunction, to halt any violation for which the Administrator 
is authorized to issue a compliance order under subsection (a)(2) of 
this section.
    (2) Upon a request by the Administrator, the Attorney General shall 
bring an action in an appropriate district court of the United States 
for equitable relief to redress a violation, by any person subject to 
section 9151 of this title, of any provision of this chapter, any 
regulation issued pursuant to this chapter, or any license condition.

(c) Civil penalties

    (1) Any person who is found by the Administrator, after notice and 
an opportunity for a hearing in accordance with section 554 of title 5, 
to have committed an act prohibited by section 9151 of this title shall 
be liable to the United States for a civil penalty, not to exceed 
$25,000 for each violation. Each day of a continuing violation shall 
constitute a separate violation. The amount of such civil penalty shall 
be assessed by the Administrator, or his designee, by written notice. In 
determining the amount of such penalty, the Administrator shall take 
into account the nature, circumstances, extent and gravity of the 
prohibited acts committed and, with respect to the violator, the degree 
of culpability, any history of prior offenses, ability to pay, and such 
other matters as justice may require.
    (2) Any person against whom a civil penalty is assessed under 
paragraph (1) of this subsection may obtain a review thereof in the 
appropriate court of the United States by filing a notice of appeal in 
such court within 30 days from the date of such order and by 
simultaneously sending a copy of such notice by certified mail to the 
Administrator. The Administrator shall promptly file in such court a 
certified copy of the record upon which such violation was found or such 
penalty imposed, as provided in section 2112 of title 28. The findings 
and order of the Administrator shall be set aside by such court if they 
are not found to be supported by substantial evidence, as provided in 
section 706(2) of title 5.
    (3) If any person subject to section 9151 of this title fails to pay 
an assessment of a civil penalty against him after it has become final, 
or after the appropriate court has entered final judgment in favor of 
the Administrator, the Administrator shall refer the matter to the 
Attorney General of the United States, who shall recover the amount 
assessed in any appropriate court of the United States. In such action, 
the validity and appropriateness of the final order imposing the civil 
penalty shall not be subject to review.
    (4) The Administrator may compromise, modify, or remit, with or 
without conditions, any civil penalty which is subject to imposition or 
which has been imposed under this subsection.

(d) Criminal penalties

    (1) Any person subject to section 9151 of this title is guilty of an 
offense if he willfully commits any act prohibited by such section.
    (2) Any offense, other than an offense for which the punishment is 
prescribed by section 9113 of this title, is punishable by a fine of not 
more than $75,000 for each day during which the violation continues. Any 
offense described in paragraphs (2), (3), (4), and (5) of section 9151 
of this title is punishable by the fine or imprisonment for not more 
than 6 months, or both. If, in the commission of any offense, the person 
subject to section 9151 of this title uses a dangerous weapon, engages 
in conduct that causes bodily injury to any Federal officer or employee, 
or places any Federal officer or employee in fear of imminent bodily 
injury, the offense is punishable by a fine of not more than $100,000 or 
imprisonment for not more than 10 years, or both.

(e) In rem liability of vessels

    Any ocean thermal energy conversion facility or plantship licensed 
pursuant to this chapter and any other vessel documented or numbered 
under the laws of the United States, except a public vessel engaged in 
noncommercial activities, used in any violation of this chapter or of 
any rule, regulation, order, license, or term or condition thereof, or 
other requirements of this chapter, shall be liable in rem for any civil 
penalty assessed or criminal fine imposed and may be proceeded against 
in any district court of the United States having jurisdiction thereof, 
whenever it shall appear that one or more of the owners, or bareboat 
charterers, was at the time of the violation a consenting party or privy 
to such violation.

(Pub. L. 96-320, title III, Sec. 302, Aug. 3, 1980, 94 Stat. 995; Pub. 
L. 98-623, title VI, Sec. 602(e)(5), Nov. 8, 1984, 98 Stat. 3412.)


                               Amendments

    1984--Subsec. (b)(1). Pub. L. 98-623 substituted ``to halt any 
violation'' for ``any violation''.

                  Section Referred to in Other Sections

    This section is referred to in section 9153 of this title.
