
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: 49USC5123]

 
                        TITLE 49--TRANSPORTATION
 
              SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
 
            CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL
 
Sec. 5123. Civil penalty

    (a) Penalty.--(1) A person that knowingly violates this chapter or a 
regulation prescribed or order issued under this chapter is liable to 
the United States Government for a civil penalty of at least $250 but 
not more than $25,000 for each violation. A person acts knowingly when--
        (A) the person has actual knowledge of the facts giving rise to 
    the violation; or
        (B) a reasonable person acting in the circumstances and 
    exercising reasonable care would have that knowledge.

    (2) A separate violation occurs for each day the violation, 
committed by a person that transports or causes to be transported 
hazardous material, continues.
    (b) Hearing Requirement.--The Secretary of Transportation may find 
that a person has violated this chapter or a regulation prescribed under 
this chapter only after notice and an opportunity for a hearing. The 
Secretary shall impose a penalty under this section by giving the person 
written notice of the amount of the penalty.
    (c) Penalty Considerations.--In determining the amount of a civil 
penalty under this section, the Secretary shall consider--
        (1) the nature, circumstances, extent, and gravity of the 
    violation;
        (2) with respect to the violator, the degree of culpability, any 
    history of prior violations, the ability to pay, and any effect on 
    the ability to continue to do business; and
        (3) other matters that justice requires.

    (d) Civil Actions To Collect.--The Attorney General may bring a 
civil action in an appropriate district court of the United States to 
collect a civil penalty under this section.
    (e) Compromise.--The Secretary may compromise the amount of a civil 
penalty imposed under this section before referral to the Attorney 
General.
    (f) Setoff.--The Government may deduct the amount of a civil penalty 
imposed or compromised under this section from amounts it owes the 
person liable for the penalty.
    (g) Depositing Amounts Collected.--Amounts collected under this 
section shall be deposited in the Treasury as miscellaneous receipts.

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 780.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
5123(a)(1)............................  49 App.:1809(a)(1) (1st          Jan. 3
, 1975, Pub. L. 93-633, Sec.
                                         sentence less 3d-16th words,     110(a
)(1), 88 Stat. 2160; Nov. 16,
                                         2d sentence words before 4th     1990,
 Pub. L. 101-615, Sec.  12(a)(1),
                                         comma, 3d sentence).             104 S
tat. 3259.
                                        49 App.:1809(a)(3).              Jan. 3
, 1975, Pub. L. 93-633, 88 Stat.
                                                                          2156,
 Sec.  110(a)(3); added Nov. 16,
                                                                          1990,
 Pub. L. 101-615, Sec.  12(a)(2),
                                                                          104 S
tat. 3259.
5123(a)(2)............................  49 App.:1809(a)(1) (2d sentence
                                         words after 4th comma).
5123(b)...............................  49 App.:1809(a)(1) (1st
                                         sentence 3d-16th words, 4th
                                         sentence).
5123(c)...............................  49 App.:1809(a)(1) (last
                                         sentence).
5123(d), (e)..........................  49 App.:1809(a)(2) (1st          Jan. 3
, 1975, Pub. L. 93-633, Sec.
                                         sentence).                       110(a
)(2), 88 Stat. 2160.
5123(f)...............................  49 App.:1809(a)(2) (2d
                                         sentence).
5123(g)...............................  49 App.:1809(a)(2) (last
                                         sentence).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a)(1), before clause (1), the words ``A person that 
knowingly violates this chapter or a regulation prescribed or order 
issued under this chapter is liable to the United States Government for 
a civil penalty of at least $250 but not more than $25,000 for each 
violation'' are substituted for 49 App.:1809(a)(1) (1st sentence less 
3d-16th words, 2d sentence words before 4th comma, 3d sentence) to 
eliminate unnecessary words.
    In subsection (b), the word ``impose'' is substituted for 
``assessed'' for consistency.
    In subsection (c)(2), the words ``the violator'' are substituted for 
``the person found to have committed such violation'' to eliminate 
unnecessary words.
    In subsection (f), the words ``imposed or compromised'' are 
substituted for ``of such penalty, when finally determined (or agreed 
upon in compromise)'' to eliminate unnecessary words and for 
consistency. The words ``liable for the penalty'' are substituted for 
``charged'' for clarity.

                  Section Referred to in Other Sections

    This section is referred to in sections 5102, 5122, 5711 of this 
title.
