33 U.S.C. § 2605 — Enforcement

Page 872 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2605 1 See References in Text note below. quest of the Administrator shall, suspend or re- voke a permit issued to a vessel under this chap- ter for a violation of this chapter or a regulation prescribed under this chapter. (b) Injunctions The Secretary or the Administrator may bring a civil action to enjoin any operation in viola- tion of this chapter or a regulation prescribed under this chapter in the district court of the United States for the district in which the viola- tion occurred. (Pub. L. 100–688, title IV, § 4104, Nov. 18, 1988, 102 Stat. 4157.) § 2605. Enforcement (a) General authority The Secretary of Transportation shall enforce this chapter under section 89 1 of title 14. The Secretary may authorize other officers or em- ployees of the United States Government to en- force this chapter under that section. (b) Periodic examinations The Secretary shall conduct periodic examina- tions of vessels operating under this chapter transporting municipal or commercial waste to determine that each of these vessels has a per- mit issued under section 2602 of this title. (c) Refusal of clearance The Secretary of the Treasury may refuse the clearance required by section 60105 of title 46, to any vessel subject to this chapter which does not have a permit required under section 2602 of this title. (d) Denial of entry and detention If a vessel does not comply with this chapter, the Secretary of Transportation may— (1) deny entry to any place in the United States; and (2) detain at the place in the United States from which it is about to depart. (e) Persistent violators The Administrator shall conduct an investiga- tion of the owner or operator of a vessel or facil- ity if the owner has 5 or more separate viola- tions during a 6-month period. (Pub. L. 100–688, title IV, § 4105, Nov. 18, 1988, 102 Stat. 4157.) Editorial Notes REFERENCES IN TEXT Section 89 of title 14, referred to in subsec. (a), was redesignated section 522 of title 14 by Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200, and reference to section 89 of title 14 deemed to refer to such redesig- nated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redes- ignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard. CODIFICATION In subsec. (c), ‘‘section 60105 of title 46’’ substituted for ‘‘section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91)’’ on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act en- acted section 60105 of Title 46, Shipping. § 2606. Subpena authority (a) General authority In an investigation under this chapter, the at- tendance and testimony of witnesses, including parties in interest, and the production of any evidence may be compelled by subpena. The sub- pena authority granted by this section is coex- tensive with that of a district court of the United States, in civil matters, for the district in which the investigation is conducted. (b) Subpena authority An official designated by the Secretary of Transportation or Administrator to conduct an investigation under this chapter may issue sub- penas as provided in this section and administer oaths to witnesses. (c) Failure to comply When a person fails to obey a subpena issued under this section, the district court of the United States for the district in which the in- vestigation is conducted or in which the person failing to obey is found, shall on proper applica- tion issue an order directing that person to com- ply with the subpena. The court may punish as contempt any disobedience of its order. (d) Witness fees A witness complying with a subpena issued under this section may be paid for actual travel and attendance at the rate provided for wit- nesses in the district courts of the United States. (Pub. L. 100–688, title IV, § 4106, Nov. 18, 1988, 102 Stat. 4157.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original ‘‘this part’’ and was translated as reading ‘‘this title’’ to reflect the probable intent of Congress. § 2607. Fees The Secretary of Transportation may collect a fee under section 9701 of title 31 of not more than $1,000, from each person to whom a permit is issued under this subchapter for a permitting system and to maintain information. (Pub. L. 100–688, title IV, § 4107, Nov. 18, 1988, 102 Stat. 4158.) § 2608. Civil penalty procedures (a) General procedures After notice and an opportunity for a hearing, a person found by the Secretary of Transpor- tation to have violated this chapter or a regula- tion prescribed under this chapter for which a civil penalty is provided, is liable to the United States Government for the civil penalty pro- vided. The amount of the civil penalty shall be assessed by the Secretary by written notice. In determining the amount of the penalty, the Sec- retary shall consider the nature, circumstances, extent, and gravity of the prohibited acts com- mitted and, with respect to the violator, the de- gree of culpability, any history of prior offenses, ability to pay, and other matters that justice re- quires.