33 USC 1415 - Penalties

U.S Code last checked for updates: Nov 22, 2024

§ 1415.

Penalties

(a)

Assessment of civil penalty by Administrator; remission or mitigation; court action for appropriate relief

(b)

Criminal penalties

In addition to any action that may be brought under subsection (a)—

(1)

any person who knowingly violates any provision of this subchapter, any regulation promulgated under this subchapter, or a permit issued under this subchapter, shall be fined under title 18 or imprisoned for not more than 5 years, or both; and

(2)

any person who is convicted of such a violation pursuant to paragraph (1) shall forfeit to the United States—

(A)

any property constituting or derived from any proceeds that the person obtained, directly or indirectly, as a result of such violation; and

(B)

any of the property of the person which was used, or intended to be used in any manner or part, to commit or to facilitate the commission of the violation.

(c)

Separate offenses

(d)

Injunctive relief

(e)

Liability of vessels in rem

(f)

Revocation and suspension of permits

(g)

Civil suits by private persons

(1)

Except as provided in paragraph (2) of this subsection any person may commence a civil suit on his own behalf to enjoin any person, including the United States and any other governmental instrumentality or agency (to the extent permitted by the eleventh amendment to the Constitution), who is alleged to be in violation of any prohibition, limitation, criterion, or permit established or issued by or under this subchapter. The district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such prohibition, limitation, criterion, or permit, as the case may be.

(2)

No action may be commenced—

(A)

prior to sixty days after notice of the violation has been given to the Administrator or to the Secretary, and to any alleged violator of the prohibition, limitation, criterion, or permit; or

(B)

if the Attorney General has commenced and is diligently prosecuting a civil action in a court of the United States to require compliance with the prohibition, limitation, criterion, or permit; or

(C)

if the Administrator has commenced action to impose a penalty pursuant to subsection (a) of this section, or if the Administrator, or the Secretary, has initiated permit revocation or suspension proceedings under subsection (f) of this section; or

(D)

if the United States has commenced and is diligently prosecuting a criminal action in a court of the United States or a State to redress a violation of this subchapter.

(3)

(A)

Any suit under this subsection may be brought in the judicial district in which the violation occurs.

(B)

In any such suit under this subsection in which the United States is not a party, the Attorney General, at the request of the Administrator or Secretary, may intervene on behalf of the United States as a matter of right.

(4)

The court, in issuing any final order in any suit brought pursuant to paragraph (1) of this subsection may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate.

(5)

The injunctive relief provided by this subsection shall not restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any standard or limitation or to seek any other relief (including relief against the Administrator, the Secretary, or a State agency).

(h)

Emergencies

(i)

Seizure and forfeiture

(1)

In general

(2)

Limitation on application

(Pub. L. 92–532, title I, § 105, Oct. 23, 1972, 86 Stat. 1057; Pub. L. 100–688, title III, § 3201(c), (d), Nov. 18, 1988, 102 Stat. 4153; Pub. L. 102–580, title V, § 508, Oct. 31, 1992, 106 Stat. 4869.)

cite as: 33 USC 1415