Title 33 — Navigation and Navigable WatersRelease 119-73not60

§2608 Civil Penalty Procedures

Title 33 › Chapter 39— SHORE PROTECTION FROM MUNICIPAL OR COMMERCIAL WASTE › Subchapter I— SHORE PROTECTION › § 2608

Last updated Apr 5, 2026|Official source

Summary

The Secretary of Transportation can order a person to pay a civil penalty after giving notice and a chance for a hearing. The Secretary will send a written notice saying how much must be paid. When deciding the amount, the Secretary will look at the nature, seriousness, scope, and circumstances of the violation, how blameworthy the person was, any past offenses, the person’s ability to pay, and other fairness-related factors. The Secretary may reduce, change, or cancel a penalty any time before sending it to the Attorney General. If a final penalty is not paid, the Secretary can ask the Attorney General to collect it in a U.S. district court. A person can ask for a refund or cancellation of a paid penalty within one year of payment if the Secretary finds it was unlawfully, improperly, or excessively imposed.

Full Legal Text

Title 33, §2608

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)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)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)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)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

Apr 5, 2026

Release point: 119-73not60