49 USC 60122 - Civil penalties

U.S Code last checked for updates: Nov 25, 2024

§ 60122.

Civil penalties

(a)

General Penalties.—

(1)

A person that the Secretary of Transportation decides, after written notice and an opportunity for a hearing, has violated section 60114(b), 60114(d), or 60118(a) of this title or a regulation prescribed or order issued under this chapter is liable to the United States Government for a civil penalty of not more than $200,000 for each violation. A separate violation occurs for each day the violation continues. The maximum civil penalty under this paragraph for a related series of violations is $2,000,000.

(2)

A person violating a standard or order under section 60103 or 60111 of this title is liable to the Government for a civil penalty of not more than $50,000 for each violation. A penalty under this paragraph may be imposed in addition to penalties imposed under paragraph (1) of this subsection.

(3)

A person violating section 60129, or an order issued thereunder, is liable to the Government for a civil penalty of not more than $1,000 for each violation. The penalties provided by paragraph (1) do not apply to a violation of section 60129 or an order issued thereunder.

(b)

Penalty Considerations.—

In determining the amount of a civil penalty under this section—

(1)

the Secretary shall consider—

(A)

the nature, circumstances, and gravity of the violation, including adverse impact on the environment;

(B)

with respect to the violator, the degree of culpability, any history of prior violations, and any effect on ability to continue doing business;

(C)

good faith in attempting to comply; and

(D)

self-disclosure and correction of violations, or actions to correct a violation, prior to discovery by the Pipeline and Hazardous Materials Safety Administration; and

(2)

the Secretary may consider—

(A)

the economic benefit gained from the violation without any reduction because of subsequent damages; and

(B)

other matters that justice requires.

(c)

Collection and Compromise.—

(1)

The Secretary may request the Attorney General to bring a civil action in an appropriate district court of the United States to collect a civil penalty imposed under this section.

(2)

The Secretary may compromise the amount of a civil penalty imposed under this section before referral to the Attorney General.

(d)

Setoff.—

The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the person liable for the penalty.

(e)

Deposit in Treasury.—

Amounts collected under this section shall be deposited in the Treasury as miscellaneous receipts.

(f)

Prohibition on Multiple Penalties for Same Act.—

Separate penalties for violating a regulation prescribed under this chapter and for violating an order under section 60112 or 60118(b) of this title may not be imposed under this chapter if both violations are based on the same act.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1325; Pub. L. 107–355, §§ 6(b), 8(b)(1), (2), 21(3), Dec. 17, 2002, 116 Stat. 2992, 2993, 3010; Pub. L. 109–468, § 2(a)(2), Dec. 29, 2006, 120 Stat. 3487; Pub. L. 112–90, § 2(a), Jan. 3, 2012, 125 Stat. 1905; Pub. L. 116–260, div. R, title I, § 107, Dec. 27, 2020, 134 Stat. 2221.)

cite as: 49 USC 60122