
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: 49USC5122]

 
                        TITLE 49--TRANSPORTATION
 
              SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
 
            CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL
 
Sec. 5122. Enforcement

    (a) General.--At the request of the Secretary of Transportation, the 
Attorney General may bring a civil action in an appropriate district 
court of the United States to enforce this chapter or a regulation 
prescribed or order issued under this chapter. The court may award 
appropriate relief, including punitive damages.
    (b) Imminent Hazards.--(1) If the Secretary has reason to believe 
that an imminent hazard exists, the Secretary may bring a civil action 
in an appropriate district court of the United States--
        (A) to suspend or restrict the transportation of the hazardous 
    material responsible for the hazard; or
        (B) to eliminate or ameliorate the hazard.

    (2) On request of the Secretary, the Attorney General shall bring an 
action under paragraph (1) of this subsection.
    (c) Withholding of Clearance.--(1) If any owner, operator, or 
individual in charge of a vessel is liable for a civil penalty under 
section 5123 of this title or for a fine under section 5124 of this 
title, or if reasonable cause exists to believe that such owner, 
operator, or individual in charge may be subject to such a civil penalty 
or fine, the Secretary of the Treasury, upon the request of the 
Secretary, shall with respect to such vessel refuse or revoke any 
clearance required by section 4197 of the Revised Statutes of the United 
States (46 App. U.S.C. 91).
    (2) Clearance refused or revoked under this subsection may be 
granted upon the filing of a bond or other surety satisfactory to the 
Secretary.

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 780; Pub. L. 104-
324, title III, Sec. 312(a), Oct. 19, 1996, 110 Stat. 3920.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
5122(a)...............................  49 App.:1808(a) (last sentence   Jan. 3
, 1975, Pub. L. 93-633, Secs.
                                         words after semicolon).          109(a
) (last sentence words after
                                                                          semic
olon), 111(a), 88 Stat. 2159,
                                                                          2161.
                                        49 App.:1810(a).
5122(b)...............................  49 App.:1810(b).                 Jan. 3
, 1975, Pub. L. 93-633, Sec.
                                                                          111(b
), 88 Stat. 2161; Nov. 16, 1990,
                                                                          Pub. 
L. 101-615, Sec.  3(b), 104 Stat.
                                                                          3247.
-------------------------------------------------------------------------------
---------------------------------

    In this section, the words ``bring a civil action'' are substituted 
for ``bring an action in'' in 49 App.:1810 and ``petition . . . for an 
order . . . for such other order'' for consistency in the revised title 
and with other titles of the United States Code.
    In subsection (a), the text of 49 App.:1808(a) (last sentence words 
after semicolon) and the words ``for equitable relief'' in 49 
App.:1810(a) are omitted as surplus. The words ``enforce this chapter'' 
are substituted for ``redress a violation by any person of a provision 
of this chapter'' to eliminate unnecessary words. The words ``regulation 
prescribed or order issued'' are substituted for ``order or regulation 
issued'' for consistency in the revised title and with other titles of 
the Code. The words ``The court may award appropriate relief, 
including'' are substituted for ``Such district courts shall have 
jurisdiction to determine such actions and may grant such relief as is 
necessary or appropriate, including mandatory or prohibitive injunctive 
relief, interim equitable relief, and'' to eliminate unnecessary words.
    In subsection (b)(1), before clause (A), the words ``as is 
necessary'' are omitted as surplus.


                               Amendments

    1996--Subsec. (c). Pub. L. 104-324 added subsec. (c).

                  Section Referred to in Other Sections

    This section is referred to in section 5711 of this title.
