U.S Code last checked for updates: Nov 22, 2024
All TitlesTitle 42Chapter 137Subchapter I
§ 14304.
Enforcement
(a)
Civil penalty
When on the basis of any information the Administrator determines that a person has violated, or is in violation of, any requirement of this chapter (except a requirement of section 14323 of this title) the Administrator—
(1)
in the case of any violation, may issue an order assessing a civil penalty of not more than $10,000 for each violation, or requiring compliance immediately or within a reasonable specified time period, or both; or
(2)
in the case of any violation or failure to comply with an order issued under this section, may commence a civil action in the United States district court in the district in which the violation occurred or in the district in which the violator resides for appropriate relief, including a temporary or permanent injunction.
(b)
Contents of order
(c)
Considerations
(d)
Finality of order; request for hearing
(e)
Hearing
(f)
Subpoena power
(g)
Continued violation after expiration of period for compliance
(h)
Savings provision
The Administrator may not take any enforcement action against a person for selling, offering for sale, or offering for promotional purposes to the ultimate consumer a battery or product covered by this chapter that was—
(1)
purchased ready for sale to the ultimate consumer; and
(2)
sold, offered for sale, or offered for promotional purposes without modification.
The preceding sentence shall not apply to a person—
(A)
who is the importer of a battery covered by this chapter, and
(B)
who has knowledge of the chemical contents of the battery
when such chemical contents make the sale, offering for sale, or offering for promotional purposes of such battery unlawful under subchapter III of this chapter.
(Pub. L. 104–142, § 5, May 13, 1996, 110 Stat. 1331.)
cite as: 42 USC 14304
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