42 U.S.C. § 8431: Notice of violation; other…

Summary

The Secretary must give a written notice when, based on any information available, they find someone is breaking the rules under this chapter. The notice must explain the nature of the violation with enough detail. A notice does not erase liability for acts done before the notice was given. Corporate directors, officers, or agents who on purpose order, allow, or do acts that break these rules can be punished personally as well as the corporation. However, they cannot be imprisoned under section 8432 unless they knew the corporation was not complying or had received notice from the Secretary that the corporation was not complying. Sections 8432 and 8433 do not apply to federal agencies or federal employees acting in their official jobs.

Title 42, §8431

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

(a)Notice of violation

(1)Whenever, on the basis of any information available, the Secretary finds that any person is in violation of any provision of this chapter, or any rule or order thereunder, the Secretary shall issue notice of such violation. Any notice issued under this subsection shall be in writing and shall state with reasonable specificity the nature of the violation.

(2)Paragraph (1) shall not be construed to relieve any person of liability under the other provisions of this chapter for any act or omission occurring before the issuance of notice.

(b)Individual liability of corporate personnel

Any individual director, officer, or agent of a corporation who willfully authorizes, orders, or performs any of the acts or practices constituting in whole or in part a violation of this chapter, or any rule or order thereunder, shall be subject to penalties under this section without regard to any penalties to which the corporation may be subject, except that no such individual director, officer, or agent shall be subject to imprisonment under section 8432 of this title, unless he also knew of noncompliance by the corporation or had received from the Secretary notice of noncompliance by the corporation.

(c)Repealed. Pub. L. 100–42, § 1(c)(18), May 21, 1987, 101 Stat. 313

(d)Federal agencies

The provisions of section 8432 and 8433 of this title shall not be construed to apply to any Federal agency or officer or employee thereof acting in his official capacity.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 8301 of this title and Tables.

Amendments

1987—Subsec. (c). Pub. L. 100–42 struck out subsec. (c) which read as follows: “No person shall be subject to any penalty under this part with respect to the operation of any powerplant in excess of that allowed by an exemption granted on the basis of the operation of such powerplant as a peakload powerplant if it is demonstrated to the Secretary that such operation was necessary to meet peakload demand and that other peakload powerplants within the same system as such powerplant— “(1) were unavailable for service— “(A) due to unit or system outages; or “(B) because operation of such other powerplants would result in their exceeding the hours of operation allowed under an exemption; and “(2) have not been operated other than to meet peakload demand.”

§8431 Notice of Violation; Other General Provisions