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42 U.S.C. § 9609 — Civil penalties and awards

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42 U.S.C. § 9609 — Civil penalties and awards

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Source location: Title 42, Chapter 103, § 9609; chapter-103-comprehensive-environmental-response-compensation-and-liability.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9603/d/2&num=0&edition=prelim) (relating to destruction of records, etc.). (C) A violation of the requirements of [section 9608 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9608&num=0&edition=prelim) (relating to financial responsibility, etc.), the regulations issued under [section 9608 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9608&num=0&edition=prelim), or with any denial or detention order under [section 9608 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9608&num=0&edition=prelim). (D) A violation of an order under [section 9622(d)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9622/d/3&num=0&edition=prelim) (relating to settlement agreements for action under [section 9604(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9604/b&num=0&edition=prelim)). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9620&num=0&edition=prelim)). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9603/d/2&num=0&edition=prelim) (relating to destruction of records, etc.). (3) A violation of the requirements of [section 9608 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9608&num=0&edition=prelim) (relating to financial responsibility, etc.), the regulations issued under [section 9608 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9608&num=0&edition=prelim), or with any denial or detention order under [section 9608 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9608&num=0&edition=prelim). (4) A violation of an order under [section 9622(d)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9622/d/3&num=0&edition=prelim) (relating to settlement agreements for action under [section 9604(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9604/b&num=0&edition=prelim)). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9620&num=0&edition=prelim)). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9603/d/2&num=0&edition=prelim) (relating to destruction of records, etc.). (3) A violation of the requirements of [section 9608 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9608&num=0&edition=prelim) (relating to financial responsibility, etc.), the regulations issued under [section 9608 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9608&num=0&edition=prelim), or with any denial or detention order under [section 9608 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9608&num=0&edition=prelim). (4) A violation of an order under [section 9622(d)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9622/d/3&num=0&edition=prelim) (relating to settlement agreements for action under [section 9604(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9604/b&num=0&edition=prelim)). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9620&num=0&edition=prelim)). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9604/e&num=0&edition=prelim) (relating to information gathering and access authorities), see [section 9604(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9604/e&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9603&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9611&num=0&edition=prelim). **(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.

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

42 U.S.C. § 9611 — Uses of Fund

**(a) In general** For the purposes specified in this section there is authorized to be appropriated from the Hazardous Substance Superfund established under subchapter A of chapter 98 of title 26 not more than $8,500,000,000 for the 5-year period beginning on October 17, 1986, and not more than $5,100,000,000 for the period commencing October 1, 1991, and ending September 30, 1994, and such sums shall remain available until expended. The preceding sentence constitutes a specific authorization for the funds appropriated under title II of Public Law 99-160 (relating to payment to the Hazardous Substances Trust Fund). The President shall use the money in the Fund for the following purposes: (1) Payment of governmental response costs incurred pursuant to [section 9604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9604&num=0&edition=prelim), including costs incurred pursuant to the Intervention on the High Seas Act [[33 U.S.C. 1471](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1471&num=0&edition=prelim) et seq.]. (2) Payment of any claim for necessary response costs incurred by any other person as a result of carrying out the national contingency plan established under section 1321(c) 11 See References in Text note below. of title 33 and amended by [section 9605 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9605&num=0&edition=prelim): Provided, however, That such costs must be approved under said plan and certified by the responsible Federal official. (3) Payment of any claim authorized by subsection (b) of this section and finally decided pursuant to [section 9612 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-sect

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

5 U.S.C. § 554 — Adjudications

**(a)** This section applies, according to the provisions thereof, in every case of adjudication required by statute to be determined on the record after opportunity for an agency hearing, except to the extent that there is involved— (1) a matter subject to a subsequent trial of the law and the facts de novo in a court; (2) the selection or tenure of an employee, except a 11 So in original. administrative law judge appointed under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim); (3) proceedings in which decisions rest solely on inspections, tests, or elections; (4) the conduct of military or foreign affairs functions; (5) cases in which an agency is acting as an agent for a court; or (6) the certification of worker representatives. **(b)** Persons entitled to notice of an agency hearing shall be timely informed of— (1) the time, place, and nature of the hearing; (2) the legal authority and jurisdiction under which the hearing is to be held; and (3) the matters of fact and law asserted. When private persons are the moving parties, other parties to the proceeding shall give prompt notice of issues controverted in fact or law; and in other instances agencies may by rule require responsive pleading. In fixing the time and place for hearings, due regard shall be had for the convenience and necessity of the parties or their representatives. **(c)** The agency shall give all interested parties opportunity for— (1) the submission and consideration of facts, arguments, offers of settlement, or proposals of adjustment when time, the nature of the proceeding, and the public interest permit; and (2) to the extent that the parties are unable so to determine a controversy by consent, heari

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42 U.S.C. § 9601 — Definitions

For purpose of this subchapter— (1) The term “act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight. (2) The term “Administrator” means the Administrator of the United States Environmental Protection Agency. (3) The term “barrel” means forty-two United States gallons at sixty degrees Fahrenheit. (4) The term “claim” means a demand in writing for a sum certain. (5) The term “claimant” means any person who presents a claim for compensation under this chapter. (6) The term “damages” means damages for injury or loss of natural resources as set forth in section 9607(a) or 9611(b) of this title. (7) The term “drinking water supply” means any raw or finished water source that is or may be used by a public water system (as defined in the Safe Drinking Water Act [[42 U.S.C. 300f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300f&num=0&edition=prelim) et seq.]) or as drinking water by one or more individuals. (8) The term “environment” means (A) the navigable waters, the waters of the contiguous zone, and the ocean waters of which the natural resources are under the exclusive management authority of the United States under the Magnuson-Stevens Fishery Conservation and Management Act [[16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.], and (B) any other surface water, ground water, drinking water supply, land surface or subsurface strata, or ambient air within the United States or under the jurisdiction of the United States. (9) The term “facility” means (A) any building, st

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26 U.S.C. § 1 — Tax imposed

**(a) Married individuals filing joint returns and surviving spouses** There is hereby imposed on the taxable income of— (1) every married individual (as defined in section 7703) who makes a single return jointly with his spouse under section 6013, and (2) every surviving spouse (as defined in section 2(a)), a tax determined in accordance with the following table: If taxable income is:The tax is: Not over $36,90015% of taxable income. Over $36,900 but not over $89,150$5,535, plus 28% of the excess over $36,900. Over $89,150 but not over $140,000$20,165, plus 31% of the excess over $89,150. Over $140,000 but not over $250,000$35,928.50, plus 36% of the excess over $140,000. Over $250,000$75,528.50, plus 39.6% of the excess over $250,000. **(b) Heads of households** There is hereby imposed on the taxable income of every head of a household (as defined in section 2(b)) a tax determined in accordance with the following table: If taxable income is:The tax is: Not over $29,60015% of taxable income. Over $29,600 but not over $76,400$4,440, plus 28% of the excess over $29,600. Over $76,400 but not over $127,500$17,544, plus 31% of the excess over $76,400. Over $127,500 but not over $250,000$33,385, plus 36% of the excess over $127,500. Over $250,000$77,485, plus 39.6% of the excess over $250,000. **(c) Unmarried individuals (other than surviving spouses and heads of households)** There is hereby imposed on the taxable income of every individual (other than a surviving spouse as defined in section 2(a) or the head of a household as defined in section 2(b)) who is not a married individual (as defined in section 7703) a tax determined in accordance with the following table: If taxable income is:The tax is: Not over $22,10015% of taxable income. Over $22,100 but not over $53,50

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

42 U.S.C. § 9603 — Notification requirements respecting released substances

**(a) Notice to National Response Center upon release from vessel or offshore or onshore facility by person in charge; conveyance of notice by Center** Any person in charge of a vessel or an offshore or an onshore facility shall, as soon as he has knowledge of any release (other than a federally permitted release) of a hazardous substance from such vessel or facility in quantities equal to or greater than those determined pursuant to [section 9602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9602&num=0&edition=prelim), immediately notify the National Response Center established under the Clean Water Act [[33 U.S.C. 1251](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1251&num=0&edition=prelim) et seq.] of such release. The National Response Center shall convey the notification expeditiously to all appropriate Government agencies, including the Governor of any affected State. **(b) Penalties for failure to notify; use of notice or information pursuant to notice in criminal case** Any person— (1) in charge of a vessel from which a hazardous substance is released, other than a federally permitted release, into or upon the navigable waters of the United States, adjoining shorelines, or into or upon the waters of the contiguous zone, or (2) in charge of a vessel from which a hazardous substance is released, other than a federally permitted release, which may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States (including resources under the Magnuson-Stevens Fishery Conservation and Management Act [[16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.]), and w

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

42 U.S.C. § 9620 — Federal facilities

**(a) Application of chapter to Federal Government** (1) **In general** — Each department, agency, and instrumentality of the United States (including the executive, legislative, and judicial branches of government) shall be subject to, and comply with, this chapter in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity, including liability under [section 9607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9607&num=0&edition=prelim). Nothing in this section shall be construed to affect the liability of any person or entity under sections 9606 and 9607 of this title. (2) **Application of requirements to Federal facilities** — All guidelines, rules, regulations, and criteria which are applicable to preliminary assessments carried out under this chapter for facilities at which hazardous substances are located, applicable to evaluations of such facilities under the National Contingency Plan, applicable to inclusion on the National Priorities List, or applicable to remedial actions at such facilities shall also be applicable to facilities which are owned or operated by a department, agency, or instrumentality of the United States in the same manner and to the extent as such guidelines, rules, regulations, and criteria are applicable to other facilities. No department, agency, or instrumentality of the United States may adopt or utilize any such guidelines, rules, regulations, or criteria which are inconsistent with the guidelines, rules, regulations, and criteria established by the Administrator under this chapter. (3) **Exceptions** — This subsection shall not apply to the extent otherwise provided in this section with respect to applicable time periods. This subsection sha

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

42 U.S.C. § 9608 — Financial responsibility

**(a) Establishment and maintenance by owner or operator of vessel; amount; failure to obtain certification of compliance** (1) The owner or operator of each vessel (except a nonself-propelled barge that does not carry hazardous substances as cargo) over three hundred gross tons that uses any port or place in the United States or the navigable waters or any offshore facility, shall establish and maintain, in accordance with regulations promulgated by the President, evidence of financial responsibility of $300 per gross ton (or for a vessel carrying hazardous substances as cargo, or $5,000,000, whichever is greater) to cover the liability prescribed under paragraph (1) of [section 9607(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9607/a&num=0&edition=prelim). Financial responsibility may be established by any one, or any combination, of the following: insurance, guarantee, surety bond, or qualification as a self-insurer. Any bond filed shall be issued by a bonding company authorized to do business in the United States. In cases where an owner or operator owns, operates, or charters more than one vessel subject to this subsection, evidence of financial responsibility need be established only to meet the maximum liability applicable to the largest of such vessels. (2) The Secretary of the Treasury shall withhold or revoke the clearance required by [section 60105 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section60105&num=0&edition=prelim) of any vessel subject to this subsection that does not have certification furnished by the President that the financial responsibility provisions of paragraph (1) of this subsection have been complied with. (3) The Secretary of Transportation, in ac

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

42 U.S.C. § 9615 — Presidential delegation and assignment of duties or powers and promulgation of regulations

The President is authorized to delegate and assign any duties or powers imposed upon or assigned to him and to promulgate any regulations necessary to carry out the provisions of this subchapter.

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

42 U.S.C. § 9622 — Settlements

**(a) Authority to enter into agreements** The President, in his discretion, may enter into an agreement with any person (including the owner or operator of the facility from which a release or substantial threat of release emanates, or any other potentially responsible person), to perform any response action (including any action described in [section 9604(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9604/b&num=0&edition=prelim)) if the President determines that such action will be done properly by such person. Whenever practicable and in the public interest, as determined by the President, the President shall act to facilitate agreements under this section that are in the public interest and consistent with the National Contingency Plan in order to expedite effective remedial actions and minimize litigation. If the President decides not to use the procedures in this section, the President shall notify in writing potentially responsible parties at the facility of such decision and the reasons why use of the procedures is inappropriate. A decision of the President to use or not to use the procedures in this section is not subject to judicial review. **(b) Agreements with potentially responsible parties** (1) **Mixed funding** — An agreement under this section may provide that the President will reimburse the parties to the agreement from the Fund, with interest, for certain costs of actions under the agreement that the parties have agreed to perform but which the President has agreed to finance. In any case in which the President provides such reimbursement, the President shall make all reasonable efforts to recover the amount of such reimbursement under [section 9607 of this title](https://uscode.house.gov/view.xhtml?r

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42 U.S.C. § 9609 — Civil penalties and awards

Page 7755 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9609 section 9607 of this title if any action had been brought against such person by the claimant and all rights and defenses which would have been available to the guarantor if an action had been brought against the guarantor by such person. (d) Limitation of guarantor liability (1) Total liability The total liability of any guarantor in a di- rect action suit brought under this section shall be limited to the aggregate amount of the monetary limits of the policy of insurance, guarantee, surety bond, letter of credit, or similar instrument obtained from the guar- antor by the person subject to liability under section 9607 of this title for the purpose of sat- isfying the requirement for evidence of finan- cial responsibility. (2) Other liability Nothing in this subsection shall be con- strued to limit any other State or Federal statutory, contractual, or common law liabil- ity of a guarantor, including, but not limited to, the liability of such guarantor for bad faith either in negotiating or in failing to negotiate the settlement of any claim. Nothing in this subsection shall be construed, interpreted, or applied to diminish the liability of any person under section 9607 of this title or other appli- cable law. (Pub. L. 96–510, title I, § 108, Dec. 11, 1980, 94 Stat. 2785; Pub. L. 99–499, title I, §§ 108, 127(c), Oct. 17, 1986, 100 Stat. 1631, 1692.) Editorial Notes REFERENCES IN TEXT The Solid Waste Disposal Act, referred to in subsec. (b)(1), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795. Subtitle C of the Solid Waste Dis- posal Act is classified generally to subchapter III (§ 6921 et seq.) of chap

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