16 U.S.C. § 825o–1: Enforcement of certain…

Summary

It is illegal to violate subchapter II or any rule or order under it. The Commission may fine up to $1,000,000 for each day the violation continues, but only after giving notice and a public hearing and following the procedures in section 823b(d); the Commission must consider how serious the violation was and any efforts to fix it.

Title 16, §825o–1

Conservation, Source: USLM XML via OLRC

(a)Violations

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)Civil penalties

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