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Title 42, The Public Health and WelfareRelease 119-110

§4910 Enforcement

Title 42 › CHAPTER 65 — NOISE CONTROL › § 4910

Last updated Sep 22, 2026|Official source

Summary

People who knowingly break the rules listed in section 4909(a) face criminal and civil penalties. They can be criminally fined up to $25,000 for each day they break the rule, jailed up to one year, or both. If they break the rule again after a past conviction, the fine can be up to $50,000 per day and jail up to two years, or both. They can also be hit with civil fines up to $10,000 per day. Each day a violation continues is treated as a separate offense, and U.S. district courts can bring actions in the name of the United States to stop violations. The Administrator may order whatever steps are needed to protect public health and welfare when someone violates section 4909(a). Those orders must come after notice and a chance for a hearing under section 554 of title 5. “Person” here does not include a U.S. department, agency, or instrumentality.

Full Legal Text

Title 42, §4910

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

(a)Criminal penalties
(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)Separate violations
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)Actions to restrain violations
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)Orders issued to protect public health and welfare; notice; opportunity for hearing
(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)“Person” defined
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

Sep 22, 2026

Release point: 119-110