§825o–1 — Title 16 Conservation | U.S. Code

Summary

No one may ignore or break any rule in subchapter II or any rule or order made under it. A person who does can be fined up to $1,000,000 for each day the violation keeps going. The Commission will decide the fine after giving notice and a chance for a public hearing, following the same procedures used under section 823b(d). In setting the amount, the Commission must consider how serious the violation was and whether the person tried to fix it quickly.

Title 16, §825o–1

Conservation — Source: USLM XML via OLRC

(a)It shall be unlawful for any person to violate any provision of subchapter II or any rule or order issued under any such provision.

(b)Any person who violates any provision of subchapter II or any provision of any rule or order thereunder shall be subject to a civil penalty of not more than $1,000,000 for each day that such violation continues. Such penalty shall be assessed by the Commission, after notice and opportunity for public hearing, in accordance with the same provisions as are applicable under section 823b(d) of this title in the case of civil penalties assessed under section 823b of this title. In determining the amount of a proposed penalty, the Commission shall take into consideration the seriousness of the violation and the efforts of such person to remedy the violation in a timely manner.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2005—Pub. L. 109–58 substituted “subchapter II” for “section 824j, 824k, 824l, or 824m of this title” in subsecs. (a) and (b) and “$1,000,000” for “$10,000” in subsec. (b).

Statutory Notes and Related Subsidiaries

State Authorities;

Construction

Nothing in this section to be construed as affecting or intending to affect, or in any way to interfere with, authority of any State or local government relating to environmental protection or siting of facilities, see section 731 of Pub. L. 102–486, set out as a note under section 796 of this title.

§825o–1 Enforcement of certain provisions