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49 U.S.C. § 5123 — Civil penalty

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 5123 — Civil penalty

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Source file: Laws/federal/codes/united-states-code/title-49/section-5123-civil-penalty--af37a996e3.md
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Source location: Title 49, Chapter 51, § 5123; chapter-051-transportation-of-hazardous-material.md

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**(a) Penalty.—** (1) A person that knowingly violates this chapter or a regulation, order, special permit, or approval issued under this chapter is liable to the United States Government for a civil penalty of not more than $75,000 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) If the Secretary finds that a violation under paragraph (1) results in death, serious illness, or severe injury to any person or substantial destruction of property, the Secretary may increase the amount of the civil penalty for such violation to not more than $175,000. (3) If the violation is related to training, a person described in paragraph (1) shall be liable for a civil penalty of at least $450. (4) 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 may find that a person has violated this chapter or a regulation prescribed or order, special permit, or approval issued 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 and any accrued interest on the civil penalty as calculated in accordance with section 1005 of the Oil Pollution Act of 1990 ([33 U.S.C. 2705](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2705&num=0&edition=prelim)). In the civil action, the amount and appropriateness of the civil penalty shall not be subject to review. **(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. **(h) Penalty for Obstruction of Inspections and Investigations.—** (1) The Secretary may impose a penalty on a person who obstructs or prevents the Secretary from carrying out inspections or investigations under subsection (c) or (i) of section 5121. (2) For the purposes of this subsection, the term “obstructs” means actions that were known, or reasonably should have been known, to prevent, hinder, or impede an investigation. **(i) Prohibition on Hazardous Material Operations After Nonpayment of Penalties.—** (1) **In general.—** — Except as provided under paragraph (2), a person subject to the jurisdiction of the Secretary under this chapter who fails to pay a civil penalty assessed under this chapter, or fails to arrange and abide by an acceptable payment plan for such civil penalty, may not conduct any activity regulated under this chapter beginning on the 91st day after the date specified by order of the Secretary for payment of such penalty unless the person has filed a formal administrative or judicial appeal of the penalty. (2) **Exception.—** — Paragraph (1) shall not apply to any person who is unable to pay a civil penalty because such person is a debtor in a case under chapter 11 of title 11. (3) **Rulemaking.—** — Not later than 2 years after the date of enactment of this subsection, the Secretary, after providing notice and an opportunity for public comment, shall issue regulations that— (A) set forth procedures to require a person who is delinquent in paying civil penalties to cease any activity regulated under this chapter until payment has been made or an acceptable payment plan has been arranged; and (B) ensures 11 So in original. Probably should be “ensure”. that the person described in subparagraph (A)— (i) is notified in writing; and (ii) is given an opportunity to respond before the person is required to cease the activity.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2705 — Interest; partial payment of claims

**(a) General rule** The responsible party or the responsible party’s guarantor is liable to a claimant for interest on the amount paid in satisfaction of a claim under this Act for the period described in subsection (b). The responsible party shall establish a procedure for the payment or settlement of claims for interim, short-term damages. Payment or settlement of a claim for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled shall not preclude recovery by the claimant for damages not reflected in the paid or settled partial claim. **(b) Period** (1) **In general** — Except as provided in paragraph (2), the period for which interest shall be paid is the period beginning on the 30th day following the date on which the claim is presented to the responsible party or guarantor and ending on the date on which the claim is paid. (2) **Exclusion of period due to offer by guarantor** — If the guarantor offers to the claimant an amount equal to or greater than that finally paid in satisfaction of the claim, the period described in paragraph (1) does not include the period beginning on the date the offer is made and ending on the date the offer is accepted. If the offer is made within 60 days after the date on which the claim is presented under [section 2713(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2713/a&num=0&edition=prelim), the period described in paragraph (1) does not include any period before the offer is accepted. (3) **Exclusion of periods in interests of justice** — If in any period a claimant is not paid due to reasons beyond the control of the responsible party or because it would not serve the interests of justice, no interest shall

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 101 — Definitions and declaration of policy

**(a) Definitions.—** In this title, the following definitions apply: (1) **Apportionment.—** — The term “apportionment” includes unexpended apportionments made under prior authorization laws. (2) **Asset management.—** — The term “asset management” means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost. (3) **Carpool project.—** — The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided. (4) **Construction.—** — The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bon

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 5122 — Enforcement

**(a) General.—** At the request of the Secretary, 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, special permit, or approval issued under this chapter. The court may award appropriate relief, including a temporary or permanent injunction, punitive damages, and assessment of civil penalties considering the same penalty amounts and factors as prescribed for the Secretary in an administrative case under section 5123. **(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 mitigate 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5123&num=0&edition=prelim) or for a fine under [section 5124 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5124&num=0&edition=prelim), 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 Homeland Security, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by [section 60105 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-tit

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2705 — Interest; partial payment of claims

Page 883 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2705 after, report to the Congress on the desir- ability of adjusting the limits of liability spec- ified in subsection (a). (4) Adjustment to reflect Consumer Price Index The President, by regulations issued not later than 3 years after July 11, 2006, and not less than every 3 years thereafter, shall adjust the limits on liability specified in subsection (a) to reflect significant increases in the Con- sumer Price Index. (Pub. L. 101–380, title I, § 1004, Aug. 18, 1990, 104 Stat. 491; Pub. L. 104–55, § 2(d)(1), Nov. 20, 1995, 109 Stat. 546; Pub. L. 105–383, title IV, § 406, Nov. 13, 1998, 112 Stat. 3429; Pub. L. 109–241, title VI, § 603(a)(1), (2), (b), July 11, 2006, 120 Stat. 553, 554; Pub. L. 111–281, title IX, § 903(a)(2), (e)(1), Oct. 15, 2010, 124 Stat. 3010, 3011; Pub. L. 115–232, div. C, title XXXV, § 3547(c), Aug. 13, 2018, 132 Stat. 2328.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (b)(1), is Pub. L. 101–380, Aug. 18, 1990, 104 Stat. 484, known as the Oil Pollution Act of 1990, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables. The Intervention on the High Seas Act, referred to in subsec. (c)(2)(C), is Pub. L. 93–248, Feb. 5, 1974, 88 Stat. 8, which is classified generally to chapter 28 (§ 1471 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1471 of this title and Tables. AMENDMENTS 2018—Subsec. (d)(2)(C). Pub. L. 115–232 substituted ‘‘under subparagraph (A)’’ for ‘‘under this subparagraph (A)’’. 2010—Subsec. (a)(2). Pub. L. 111–281, § 903(e)(1), struck ou

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 5123 — Civil penalty

Page 226 TITLE 49—TRANSPORTATION § 5123 that such owner, operator, or individual in charge may be subject to such a civil penalty or fine, the Secretary of Homeland Security, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance re- quired by section 60105 of title 46. (2) Clearance refused or revoked under this subsection may be granted upon the filing of a bond or other surety satisfactory to the Sec- retary. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 780; Pub. L. 104–324, title III, § 312(a), Oct. 19, 1996, 110 Stat. 3920; Pub. L. 109–59, title VII, §§ 7119, 7126, Aug. 10, 2005, 119 Stat. 1905, 1909; Pub. L. 109–304, § 17(h)(1), Oct. 6, 2006, 120 Stat. 1709.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 5122(a) ........ 49 App.:1808(a) (last sentence words after semicolon). Jan. 3, 1975, Pub. L. 93–633, §§ 109(a) (last sentence words after semicolon), 111(a), 88 Stat. 2159, 2161. 49 App.:1810(a). 5122(b) ........ 49 App.:1810(b). Jan. 3, 1975, Pub. L. 93–633, § 111(b), 88 Stat. 2161; Nov. 16, 1990, Pub. L. 101–615, § 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 sen- tence words after semicolon) and the words ‘‘for equi- table 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 ‘‘r

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