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U.S. Code as of:
01/19/04
Section 1514. Remedies
(a) Criminal penalties
Any person who willfully violates any provision of this chapter
or any rule, order, or regulation issued pursuant thereto commits a
class A misdemeanor for each day of violation.
(b) Orders of compliance; Attorney General's civil action;
jurisdiction and venue
(1) Whenever on the basis of any information available to him the
Secretary finds that any person is in violation of any provision of
this chapter or any rule, regulation, order, license, or condition
thereof, or other requirements under this chapter, he shall issue
an order requiring such person to comply with such provision or
requirement, or he shall bring a civil action in accordance with
paragraph (3) of this subsection.
(2) Any order issued under this subsection shall state with
reasonable specificity the nature of the violation and a time for
compliance, not to exceed thirty days, which the Secretary
determines is reasonable, taking into account the seriousness of
the violation and any good faith efforts to comply with applicable
requirements.
(3) Upon a request by the Secretary, the Attorney General shall
commence a civil action for appropriate relief, including a
permanent or temporary injunction or a civil penalty not to exceed
$25,000 per day of such violation, for any violation for which the
Secretary is authorized to issue a compliance order under paragraph
(1) of this subsection. Any action under this subsection may be
brought in the district court of the United States for the district
in which the defendant is located or resides, or is doing business,
and such court shall have jurisdiction to restrain such violation,
require compliance, or impose such penalty.
(c) Attorney General's action for equitable relief; scope of relief
Upon a request by the Secretary, the Attorney General shall bring
an action in an appropriate district court of the United States for
equitable relief to redress a violation by any person of any
provision of this chapter, any regulation under this chapter, or
any license condition. The district courts of the United States
shall have jurisdiction to grant such relief as is necessary or
appropriate, including mandatory or prohibitive injunctive relief,
interim equitable relief, compensatory damages, and punitive
damages.
(d) Vessels; liability in rem; exempt vessels; consent or privy of
owners or bareboat charterers
Any vessel, except a public vessel engaged in noncommercial
activities, used in a violation of this chapter or of any rule or
regulation issued pursuant to this chapter, shall be liable in rem
for any civil penalty assessed or criminal fine imposed and may be
proceeded against in any district court of the United States having
jurisdiction thereof; but no vessel shall be liable unless it shall
appear that one or more of the owners, or bareboat charterers, was
at the time of the violation, a consenting party or privy to such
violation.
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