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U.S. Code as of:
01/19/04
Section 5123. Civil penalty
(a) Penalty. - (1) A person that knowingly violates this chapter
or a regulation prescribed or order issued under this chapter is
liable to the United States Government for a civil penalty of at
least $250 but not more than $25,000 for each violation. A person
acts knowingly when -
(A) the person has actual knowledge of the facts giving rise to
the violation; or
(B) a reasonable person acting in the circumstances and
exercising reasonable care would have that knowledge.
(2) A separate violation occurs for each day the violation,
committed by a person that transports or causes to be transported
hazardous material, continues.
(b) Hearing Requirement. - The Secretary of Transportation may
find that a person has violated this chapter or a regulation
prescribed under this chapter only after notice and an opportunity
for a hearing. The Secretary shall impose a penalty under this
section by giving the person written notice of the amount of the
penalty.
(c) Penalty Considerations. - In determining the amount of a
civil penalty under this section, the Secretary shall consider -
(1) the nature, circumstances, extent, and gravity of the
violation;
(2) with respect to the violator, the degree of culpability,
any history of prior violations, the ability to pay, and any
effect on the ability to continue to do business; and
(3) other matters that justice requires.
(d) Civil Actions To Collect. - The Attorney General may bring a
civil action in an appropriate district court of the United States
to collect a civil penalty under this section.
(e) Compromise. - The Secretary may compromise the amount of a
civil penalty imposed under this section before referral to the
Attorney General.
(f) Setoff. - The Government may deduct the amount of a civil
penalty imposed or compromised under this section from amounts it
owes the person liable for the penalty.
(g) Depositing Amounts Collected. - Amounts collected under this
section shall be deposited in the Treasury as miscellaneous
receipts.
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