Laws: Cases and Codes : U.S. Code : Title 42 : Section 4910


   
U.S. Code as of: 01/19/04
Section 4910. Enforcement

    (a) Criminal penalties
      (1) Any person who willfully or knowingly violates 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
    violation, 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 exceed $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 section 4909(a) of
    this title, the Administrator may issue an order specifying such
    relief as he determines 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 instrumentality of the United States.



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