Title 33, Navigation and Navigable WatersRelease 119-110

§2608 Civil Penalty Procedures

Title 33 › CHAPTER 39 — SHORE PROTECTION FROM MUNICIPAL OR COMMERCIAL WASTE › SUBCHAPTER I — SHORE PROTECTION › § 2608

Last updated Sep 22, 2026|Official source

Summary

After notice and a hearing, the Secretary of Transportation can require someone who violated this chapter or its rules to pay a civil penalty. The Secretary sets the amount in writing and must consider factors like how serious the violation was, the person's fault and prior offenses, ability to pay, and other justice-related matters. The Secretary may settle, change, or cancel a penalty before referring a final unpaid assessment to the Attorney General, who can collect it in a U.S. district court. A refund can be requested within one year of payment if the Secretary finds the penalty was unlawful, improper, or excessive.

Full Legal Text

Title 33, §2608

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)General procedures

After notice and an opportunity for a hearing, a person found by the Secretary of Transportation to have violated this chapter or a regulation prescribed under this chapter for which a civil penalty is provided, is liable to the United States Government for the civil penalty provided. The amount of the civil penalty shall be assessed by the Secretary by written notice. In determining the amount of the penalty, the Secretary shall consider the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other matters that justice requires.

(b)Compromising penalties

The Secretary may compromise, modify, or remit, with or without consideration, a civil penalty under this chapter until the assessment is referred to the Attorney General.

(c)Referral to Attorney General

If a person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General for collection in an appropriate district court of the United States.

(d)Refund of penalty

The Secretary may refund or remit a civil penalty collected under this chapter if—

(1)application has been made for refund or remission of the penalty within one year from the date of payment; and

(2)the Secretary finds that the penalty was unlawfully, improperly, or excessively imposed.

Reference

Citations & Metadata

Citation

33 U.S.C. § 2608

Title 33, Navigation and Navigable Waters

Last Updated

Sep 22, 2026

Release point: 119-110