42 U.S.C. § 4910 — Enforcement

Page 6249 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4911 1 So in original. Probably should be subsection ‘‘(f)’’. tion prescribed under section 4907(b) of this title (requiring information respecting noise) which is applicable to such product, except in conformity with such regulation. (4) The removal by any person of any notice affixed to a product or container pursuant to regulations prescribed under section 4907(b) of this title, prior to sale of the product to the ultimate purchaser. (5) The importation into the United States by any person of any new product in violation of a regulation prescribed under section 4908 of this title which is applicable to such product. (6) The failure or refusal by any person to comply with any requirement of section 4910(d) or 4912(a) of this title or regulations prescribed under section 4912(a), 4916, or 4917 of this title. (b)(1) For the purpose of research, investiga- tions, studies, demonstrations, or training, or for reasons of national security, the Adminis- trator may exempt for a specified period of time any product, or class thereof, from paragraphs (1), (2), (3), and (5) of subsection (a), upon such terms and conditions as he may find necessary to protect the public health or welfare. (2) Paragraphs (1), (2), (3), and (4) of subsection (a) shall not apply with respect to any product which is manufactured solely for use outside any State and which (and the container of which) is labeled or otherwise marked to show that it is manufactured solely for use outside any State; except that such paragraphs shall apply to such product if it is in fact distributed in commerce for use in any State. (Pub. L. 92–574, § 10, Oct. 27, 1972, 86 Stat. 1242.) § 4910. Enforcement (a) Criminal penalties (1) Any person who willfully or knowingly vio- lates paragraph (1), (3), (5), or (6) of subsection (a) of section 4909 of this title shall be punished by a fine of not more than $25,000 per day of vio- lation, or by imprisonment for not more than one year, or by both. If the conviction is for a violation committed after a first conviction of such person under this subsection, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment for not more than two years, or by both. (2) Any person who violates paragraph (1), (3), (5), or (6) of subsection (a) of section 4909 of this title shall be subject to a civil penalty not to ex- ceed $10,000 per day of such violation. (b) Separate violations For the purpose of this section, each day of violation of any paragraph of section 4909(a) of this title shall constitute a separate violation of that section. (c) Actions to restrain violations The district courts of the United States shall have jurisdiction of actions brought by and in the name of the United States to restrain any violations of section 4909(a) of this title. (d) Orders issued to protect public health and welfare; notice; opportunity for hearing (1) Whenever any person is in violation of sec- tion 4909(a) of this title, the Administrator may issue an order specifying such relief as he deter- mines is necessary to protect the public health and welfare. (2) Any order under this subsection shall be issued only after notice and opportunity for a hearing in accordance with section 554 of title 5. (e) ‘‘Person’’ defined The term ‘‘person,’’ as used in this section, does not include a department, agency, or in- strumentality of the United States. (Pub. L. 92–574, § 11, Oct. 27, 1972, 86 Stat. 1242; Pub. L. 95–609, § 4, Nov. 8, 1978, 92 Stat. 3081.) Editorial Notes AMENDMENTS 1978—Subsec. (a). Pub. L. 95–609 redesignated existing provisions as par. (1) and added par. (2). § 4911. Citizen suits (a) Authority to commence suits Except as provided in subsection (b), any per- son (other than the United States) may com- mence a civil action on his own behalf— (1) against any person (including (A) the United States, and (B) any other govern- mental instrumentality or agency to the ex- tent permitted by the eleventh amendment to the Constitution) who is alleged to be in viola- tion of any noise control requirement (as de- fined in subsection (e) 1), or (2) against— (A) the Administrator of the Environ- mental Protection Agency where there is al- leged a failure of such Administrator to per- form any act or duty under this chapter which is not discretionary with such Admin- istrator, or (B) the Administrator of the Federal Avia- tion Administration where there is alleged a failure of such Administrator to perform any act or duty under section 44715 of title 49 which is not discretionary with such Admin- istrator. The district courts of the United States shall have jurisdiction, without regard to the amount in controversy, to restrain such person from vio- lating such noise control requirement or to order such Administrator to perform such act or duty, as the case may be. (b) Notice No action may be commenced— (1) under subsection (a)(1)— (A) prior to sixty days after the plaintiff has given notice of the violation (i) to the Administrator of the Environmental Protec- tion Agency (and to the Federal Aviation Administrator in the case of a violation of a noise control requirement under such sec- tion 44715 of title 49) and (ii) to any alleged violator of such requirement, or (B) if an Administrator has commenced and is diligently prosecuting a civil action to require compliance with the noise control requirement, but in any such action in a court of the United States any person may intervene as a matter of right, or