
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: 49USC60122]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE VIII--PIPELINES
 
                           CHAPTER 601--SAFETY
 
Sec. 60122. Civil penalties

    (a) General Penalties.--(1) A person that the Secretary of 
Transportation decides, after written notice and an opportunity for a 
hearing, has violated section 60114(c) \1\ or 60118(a) of this title or 
a regulation prescribed or order issued under this chapter is liable to 
the United States Government for a civil penalty of not more than 
$25,000 for each violation. A separate violation occurs for each day the 
violation continues. The maximum civil penalty under this paragraph for 
a related series of violations is $500,000.
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    \1\ See References in Text note below.
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    (2) A person violating a standard or order under section 60103 or 
60111 of this title is liable to the Government for a civil penalty of 
not more than $50,000 for each violation. A penalty under this paragraph 
may be imposed in addition to penalties imposed under paragraph (1) of 
this subsection.
    (b) Penalty Considerations.--In determining the amount of a civil 
penalty under this section, the Secretary shall consider--
        (1) the nature, circumstances, 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 
    ability to continue doing business;
        (3) good faith in attempting to comply; and
        (4) other matters that justice requires.

    (c) Collection and Compromise.--(1) The Secretary may request the 
Attorney General to bring a civil action in an appropriate district 
court of the United States to collect a civil penalty imposed under this 
section.
    (2) The Secretary may compromise the amount of a civil penalty 
imposed under this section before referral to the Attorney General.
    (d) 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.
    (e) Deposit in Treasury.--Amounts collected under this section shall 
be deposited in the Treasury as miscellaneous receipts.
    (f) Prohibition on Multiple Penalties for Same Act.--Separate 
penalties for violating a regulation prescribed under this chapter and 
for violating an order under section 60112 or 60118(b) of this title may 
not be imposed under this chapter if both violations are based on the 
same act.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1325.)

                                          Historical and Revision Notes
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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---------------------------------
60122(a)(1)...........................  49 App.:1679a(a)(1), (3) (1st    Aug. 1
2, 1968, Pub. L. 90-481, 82 Stat.
                                         sentence).                       720, 
Sec.  11(a); added Nov. 30, 1979,
                                                                          Pub. 
L. 96-129, Secs.  104(b), 154, 93
                                                                          Stat.
 992, 1002; Oct. 31, 1988, Pub.
                                                                          L. 10
0-561, Sec.  106, 102 Stat. 2807;
                                                                          Oct. 
24, 1992, Pub. L. 102-508, Secs.
                                                                          112(a
), 304(b), 106 Stat. 3295, 3308.
                                        49 App.:2007(a)(1), (2) (1st     Nov. 3
0, 1979, Pub. L. 96-129, Sec.
                                         sentence).                       208(a
), (b), (d), 93 Stat. 1009, 1010;
                                                                          Oct. 
31, 1988, Pub. L. 100-561, Sec.
                                                                          205, 
102 Stat. 2811; Oct. 24, 1992,
                                                                          Pub. 
L. 102-508, Sec.  211(a), 106
                                                                          Stat.
 3304.
60122(a)(2)...........................  49 App.:1679a(a)(2).
60122(b)..............................  49 App.:1679a(a)(3) (last
                                         sentence).
                                        49 App.:2007(a)(2) (last
                                         sentence).
60122(c)..............................  49 App.:1679a(b) (1st            Aug. 1
2, 1968, Pub. L. 90-481, 82 Stat.
                                         sentence).                       720, 
Sec.  11(b), (d); added Nov. 30,
                                                                          1979,
 Pub. L. 96-129, Sec.  104(b), 93
                                                                          Stat.
 992, 993.
                                        49 App.:2007(b) (1st sentence).
60122(d)..............................  49 App.:1679a(b) (2d sentence).
                                        49 App.:2007(b) (2d sentence).
60122(e)..............................  49 App.:1679a(b) (last
                                         sentence).
                                        49 App.:2007(b) (last
                                         sentence).
60122(f)..............................  49 App.:1679a(d).
                                        49 App.:2007(d).
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---------------------------------

    In subsection (a)(1), the word ``prescribed'' is added for 
consistency in the revised title and with other titles of the United 
States Code. The words ``including any order issued under sections 
1677(b) and 1679b(b)'' in 49 App.:1679a(a)(1) and ``including any order 
issued under section 2006(b) or 2008(b)'' in 49 App.:2007(a)(1) are 
omitted as surplus. The word ``occurs'' is added for clarity.
    In subsection (a)(2), the words ``is determined by the Secretary to 
have'' are omitted as surplus. The words ``for each violation'' are 
added for clarity and consistency. The word ``imposed'' is substituted 
for ``to which such person may be subject'' for consistency and to 
eliminate unnecessary words.
    In subsection (b)(2), the word ``violator'' is substituted for ``the 
person found to have committed the violation'' for consistency and to 
eliminate unnecessary words. The words ``the penalty'' are omitted as 
surplus.
    In subsection (c)(1), the words ``The Secretary may request the 
Attorney General to bring a civil action'' are substituted for ``in an 
action brought by the Attorney General on behalf of the United States'' 
for clarity, to eliminate unnecessary words, and because of 28:2461 and 
rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
    In subsection (d), the words ``imposed or compromised under this 
section'' are substituted for ``of the 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.
    In subsection (f), the words ``Separate penalties . . . prescribed 
under this chapter . . . may not be imposed under this chapter'' are 
substituted for ``Nothing in this title shall be construed to authorize 
. . . penalties'' for clarity.

                       References in Text

    Section 60114(c) of this title, referred to in subsec. (a), was 
redesignated section 60114(b) by Pub. L. 104-304, Sec. 20(d), Oct. 12, 
1996, 110 Stat. 3804.

                  Section Referred to in Other Sections

    This section is referred to in sections 60105, 60114 of this title.
