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Title 42 — The Public Health and WelfareRelease 119-73

§4910 Enforcement

Title 42 › Chapter CHAPTER 65— - NOISE CONTROL › § 4910

Last updated Apr 6, 2026|Official source

Summary

People who willfully or knowingly break certain parts of section 4909(a) can be punished. A criminal conviction can bring a fine up to $25,000 for each day of the violation, or up to one year in jail, or both. After a prior conviction, fines can be up to $50,000 per day or up to two years in jail, or both. A civil penalty may be imposed of up to $10,000 per day. Each day of violation counts as a separate offense. U.S. district courts can bring cases to stop violations. The Administrator may order relief to protect public health and welfare, but must give notice and a hearing under section 554 of title 5 first. The word "person" here does not include U.S. departments, agencies, or instrumentalities.

Full Legal Text

Title 42, §4910

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(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)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)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)(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)The term “person,” as used in this section, does not include a department, agency, or instrumentality of the United States.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1978—Subsec. (a). Pub. L. 95–609 redesignated existing provisions as par. (1) and added par. (2).

Reference

Citations & Metadata

Citation

42 U.S.C. § 4910

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73