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U.S. Code as of:
01/19/04
Section 2716a. Financial responsibility civil penalties
(a) Administrative
Any person who, after notice and an opportunity for a hearing, is
found to have failed to comply with the requirements of section
2716 of this title or the regulations issued under that section, or
with a denial or detention order issued under subsection (c)(2) of
that section, shall be liable to the United States for a civil
penalty, not to exceed $25,000 per day of violation. The amount of
the civil penalty shall be assessed by the President by written
notice. In determining the amount of the penalty, the President
shall take into account the nature, circumstances, extent, and
gravity of the violation, the degree of culpability, any history of
prior violation, ability to pay, and such other matters as justice
may require. The President may compromise, modify, or remit, with
or without conditions, any civil penalty which is subject to
imposition or which had been imposed under this paragraph. If any
person fails to pay an assessed civil penalty after it has become
final, the President may refer the matter to the Attorney General
for collection.
(b) Judicial
In addition to, or in lieu of, assessing a penalty under
subsection (a) of this section, the President may request the
Attorney General to secure such relief as necessary to compel
compliance with this (!1) section 2716 of this title, including a
judicial order terminating operations. The district courts of the
United States shall have jurisdiction to grant any relief as the
public interest and the equities of the case may require.
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