§1350 Remedies and penalties

Summary

The Attorney General or a U.S. attorney must sue in federal court if the Secretary, the Secretary of the Army, or the Secretary in charge of the Coast Guard asks. The court can order a temporary stop, an injunction, or other relief to enforce the law, its rules, or the terms of any lease, license, or permit. If someone breaks the law, a lease/license/permit term, or a rule after getting notice and a reasonable time to fix it, they can be fined up to $20,000 for each day the problem continues. The Secretary can assess, collect, or settle that fine, but a hearing must be offered first. Every 3 years the Secretary must raise the penalty to match increases in the Consumer Price Index (all items, United States city average) from the Department of Labor. If the violation threatens serious, immediate, or irreparable harm to life (including fish and other aquatic life), property, mineral deposits, or the marine, coastal, or human environment, a fine can be imposed right away without waiting. Knowingly and willfully breaking rules meant to protect safety or the environment, lying on required papers, tampering with monitoring equipment, or revealing required confidential data can lead to a fine up to $100,000, up to 10 years in prison, or both. Each day a violation or tampered monitor continues is a separate offense. Corporate officers who knowingly ordered or carried out the wrongdoing face the same penalties. These penalties and remedies can be used together and do not replace other legal penalties.