
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: 42USC9609]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 103--COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
                                LIABILITY
 
  SUBCHAPTER I--HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION
 
Sec. 9609. Civil penalties and awards


(a) Class I administrative penalty

                           (1) Violations

        A civil penalty of not more than $25,000 per violation may be 
    assessed by the President in the case of any of the following--
            (A) A violation of the requirements of section 9603(a) or 
        (b) of this title (relating to notice).
            (B) A violation of the requirements of section 9603(d)(2) of 
        this title (relating to destruction of records, etc.).
            (C) A violation of the requirements of section 9608 of this 
        title (relating to financial responsibility, etc.), the 
        regulations issued under section 9608 of this title, or with any 
        denial or detention order under section 9608 of this title.
            (D) A violation of an order under section 9622(d)(3) of this 
        title (relating to settlement agreements for action under 
        section 9604(b) of this title).
            (E) Any failure or refusal referred to in section 9622(l) of 
        this title (relating to violations of administrative orders, 
        consent decrees, or agreements under section 9620 of this 
        title).

                       (2) Notice and hearings

        No civil penalty may be assessed under this subsection unless 
    the person accused of the violation is given notice and opportunity 
    for a hearing with respect to the violation.

                       (3) Determining amount

        In determining the amount of any penalty assessed pursuant to 
    this subsection, the President shall take into account the nature, 
    circumstances, extent and gravity of the violation or violations 
    and, with respect to the violator, ability to pay, any prior history 
    of such violations, the degree of culpability, economic benefit or 
    savings (if any) resulting from the violation, and such other 
    matters as justice may require.

                             (4) Review

        Any person against whom a civil penalty is assessed under this 
    subsection may obtain review thereof in the appropriate district 
    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 President. The President shall promptly file in such court a 
    certified copy of the record upon which such violation was found or 
    such penalty imposed. If any person fails to pay an assessment of a 
    civil penalty after it has become a final and unappealable order or 
    after the appropriate court has entered final judgment in favor of 
    the United States, the President may request the Attorney General of 
    the United States to institute a civil action in an appropriate 
    district court of the United States to collect the penalty, and such 
    court shall have jurisdiction to hear and decide any such action. In 
    hearing such action, the court shall have authority to review the 
    violation and the assessment of the civil penalty on the record.

                            (5) Subpoenas

        The President may issue subpoenas for the attendance and 
    testimony of witnesses and the production of relevant papers, books, 
    or documents in connection with hearings under this subsection. In 
    case of contumacy or refusal to obey a subpoena issued pursuant to 
    this paragraph and served upon any person, the district court of the 
    United States for any district in which such person is found, 
    resides, or transacts business, upon application by the United 
    States and after notice to such person, shall have jurisdiction to 
    issue an order requiring such person to appear and give testimony 
    before the administrative law judge or to appear and produce 
    documents before the administrative law judge, or both, and any 
    failure to obey such order of the court may be punished by such 
    court as a contempt thereof.

(b) Class II administrative penalty

    A civil penalty of not more than $25,000 per day for each day during 
which the violation continues may be assessed by the President in the 
case of any of the following--
        (1) A violation of the notice requirements of section 9603(a) or 
    (b) of this title.
        (2) A violation of section 9603(d)(2) of this title (relating to 
    destruction of records, etc.).
        (3) A violation of the requirements of section 9608 of this 
    title (relating to financial responsibility, etc.), the regulations 
    issued under section 9608 of this title, or with any denial or 
    detention order under section 9608 of this title.
        (4) A violation of an order under section 9622(d)(3) of this 
    title (relating to settlement agreements for action under section 
    9604(b) of this title).
        (5) Any failure or refusal referred to in section 9622(l) of 
    this title (relating to violations of administrative orders, consent 
    decrees, or agreements under section 9620 of this title).

In the case of a second or subsequent violation the amount of such 
penalty may be not more than $75,000 for each day during which the 
violation continues. Any civil penalty under this subsection shall be 
assessed and collected in the same manner, and subject to the same 
provisions, as in the case of civil penalties assessed and collected 
after notice and opportunity for hearing on the record in accordance 
with section 554 of title 5. In any proceeding for the assessment of a 
civil penalty under this subsection the President may issue subpoenas 
for the attendance and testimony of witnesses and the production of 
relevant papers, books, and documents and may promulgate rules for 
discovery procedures. Any person who requested a hearing with respect to 
a civil penalty under this subsection and who is aggrieved by an order 
assessing the civil penalty may file a petition for judicial review of 
such order with the United States Court of Appeals for the District of 
Columbia Circuit or for any other circuit in which such person resides 
or transacts business. Such a petition may only be filed within the 30-
day period beginning on the date the order making such assessment was 
issued.

(c) Judicial assessment

    The President may bring an action in the United States district 
court for the appropriate district to assess and collect a penalty of 
not more than $25,000 per day for each day during which the violation 
(or failure or refusal) continues in the case of any of the following--
        (1) A violation of the notice requirements of section 9603(a) or 
    (b) of this title.
        (2) A violation of section 9603(d)(2) of this title (relating to 
    destruction of records, etc.).
        (3) A violation of the requirements of section 9608 of this 
    title (relating to financial responsibility, etc.), the regulations 
    issued under section 9608 of this title, or with any denial or 
    detention order under section 9608 of this title.
        (4) A violation of an order under section 9622(d)(3) of this 
    title (relating to settlement agreements for action under section 
    9604(b) of this title).
        (5) Any failure or refusal referred to in section 9622(l) of 
    this title (relating to violations of administrative orders, consent 
    decrees, or agreements under section 9620 of this title).

In the case of a second or subsequent violation (or failure or refusal), 
the amount of such penalty may be not more than $75,000 for each day 
during which the violation (or failure or refusal) continues. For 
additional provisions providing for judicial assessment of civil 
penalties for failure to comply with a request or order under section 
9604(e) of this title (relating to information gathering and access 
authorities), see section 9604(e) of this title.

(d) Awards

    The President may pay an award of up to $10,000 to any individual 
who provides information leading to the arrest and conviction of any 
person for a violation subject to a criminal penalty under this chapter, 
including any violation of section 9603 of this title and any other 
violation referred to in this section. The President shall, by 
regulation, prescribe criteria for such an award and may pay any award 
under this subsection from the Fund, as provided in section 9611 of this 
title.

(e) Procurement procedures

    Notwithstanding any other provision of law, any executive agency may 
use competitive procedures or procedures other than competitive 
procedures to procure the services of experts for use in preparing or 
prosecuting a civil or criminal action under this chapter, whether or 
not the expert is expected to testify at trial. The executive agency 
need not provide any written justification for the use of procedures 
other than competitive procedures when procuring such expert services 
under this chapter and need not furnish for publication in the Commerce 
Business Daily or otherwise any notice of solicitation or synopsis with 
respect to such procurement.

(f) Savings clause

    Action taken by the President pursuant to this section shall not 
affect or limit the President's authority to enforce any provisions of 
this chapter.

(Pub. L. 96-510, title I, Sec. 109, Dec. 11, 1980, 94 Stat. 2787; Pub. 
L. 99-499, title I, Sec. 109(c), Oct. 17, 1986, 100 Stat. 1633.)


                               Amendments

    1986--Pub. L. 99-499 amended section generally. Prior to amendment, 
section read as follows: ``Any person who, after notice and an 
opportunity for a hearing, is found to have failed to comply with the 
requirements of section 9608 of this title, the regulations issued 
thereunder, or with any denial or detention order shall be liable to the 
United States for a civil penalty, not to exceed $10,000 for each day of 
violation.''


            Coordination of Titles I to IV of Pub. L. 99-499

    Any provision of titles I to IV of Pub. L. 99-499, imposing any tax, 
premium, or fee; establishing any trust fund; or authorizing 
expenditures from any trust fund, to have no force or effect, see 
section 531 of Pub. L. 99-499, set out as a note under section 1 of 
Title 26, Internal Revenue Code.

                  Section Referred to in Other Sections

    This section is referred to in sections 9611, 9622 of this title.
