42 U.S.C. § 7920: Enforcement

Summary

The Secretary can assess a civil penalty of not more than $1,000 per day for each violation by anyone who breaks rules, cooperative agreements, or requirements about specified processing, disposal, or cleanup sites or actions. The Secretary must give notice and a chance for a public hearing under section 554 of title 5 before issuing the order. Anyone fined can ask the U.S. court of appeals for review within sixty calendar days; the court can affirm, change, cancel, or send the case back. If a penalty becomes final and unpaid, the Secretary can sue in a U.S. district court to collect it, and that court cannot re‑review the penalty’s validity. Section 7172(d) does not apply here. The United States, states, local governments, and their officials or employees cannot be fined, and the Secretary may also use injunctions or other equitable remedies. Subsection (a) does not cover licensing under the Atomic Energy Act of 1954; those licensing rules are enforced by the Commission under that Act.

Title 42, §7920

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

(a)Civil penalty; appellate review; action to recover civil penalty; sovereign immunity; equitable remedies

(1)Any person who violates any provision of this subchapter or any cooperative agreement entered into pursuant to this subchapter or any rule prescribed under this chapter concerning any designated processing site, disposition site, or remedial action shall be subject to an assessment by the Secretary of a civil penalty of not more than $1,000 per day per violation. Such assessment shall be made by order after notice and an opportunity for a public hearing, pursuant to section 554 of title 5.

(2)Any person against whom a penalty is assessed under this section may, within sixty calendar days after the date of the order of the Secretary assessing such penalty, institute an action in the United States court of appeals for the appropriate judicial circuit for judicial review of such order in accordance with chapter 7 of title 5. The court shall have jurisdiction to enter a judgment affirming, modifying, or setting aside in whole or in part, the order of the Secretary, or the court may remand the proceeding to the Secretary for such further action as the court may direct.

(3)If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, the Secretary shall institute an action to recover the amount of such penalty in any appropriate district court of the United States. In such action, the validity and appropriateness of such final assessment order or judgment shall not be subject to review. section 7172(d) of this title shall not apply with respect to the functions of the Secretary under this section.

(4)No civil penalty may be assessed against the United States or any State or political subdivision of a State or any official or employee of the foregoing.

(5)Nothing in this section shall prevent the Secretary from enforcing any provision of this subchapter or any cooperative agreement or any such rule by injunction or other equitable remedy.

(b)Atomic energy licensing requirements

Subsection (a) shall not apply to any licensing requirement under the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.]. Such licensing requirements shall be enforced by the Commission as provided in such Act.

Notes & Related Subsidiaries

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References in Text

This chapter, referred to in subsec. (a)(1), was in the original “this Act”, meaning Pub. L. 95–604, Nov. 8, 1978, 92 Stat. 3021, known as the Uranium Mill Tailings Radiation Control Act of 1978. For complete classification of this Act to the Code, see

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note under section 7901 of this title and Tables. The Atomic Energy Act of 1954, referred to in subsec. (b), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see

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note set out under section 2011 of this title and Tables.

§7920 Enforcement

Summary

Title 42, §7920

Notes & Related Subsidiaries

Editorial Notes

References in Text

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