42 U.S.C. § 7524 — Civil penalties

Page 7327 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7524 1 So in original. Probably should be ‘‘section’’. AMENDMENTS 1977—Subsec. (a). Pub. L. 95–95 struck out ‘‘paragraph (1), (2), (3), or (4)’’ after ‘‘restrain violations of’’. 1970—Subsec. (a). Pub. L. 91–604 inserted reference to par. (4) of section 7522(a) of this title. 1967—Pub. L. 90–148 reenacted section without change. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–95 effective Aug. 7, 1977, ex- cept as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as a note under section 7401 of this title. PENDING ACTIONS AND PROCEEDINGS Suits, actions, and other proceedings lawfully com- menced by or against the Administrator or any other officer or employee of the United States in his official capacity or in relation to the discharge of his official duties under act July 14, 1955, the Clean Air Act, as in effect immediately prior to the enactment of Pub. L. 95–95 [Aug. 7, 1977], not to abate by reason of the taking effect of Pub. L. 95–95, see section 406(a) of Pub. L. 95–95, set out as an Effective Date of 1977 amendment note under section 7401 of this title. § 7524. Civil penalties (a) Violations Any person who violates sections 1 7522(a)(1), 7522(a)(4), or 7522(a)(5) of this title or any manu- facturer or dealer who violates section 7522(a)(3)(A) of this title shall be subject to a civil penalty of not more than $25,000. Any per- son other than a manufacturer or dealer who violates section 7522(a)(3)(A) of this title or any person who violates section 7522(a)(3)(B) of this title shall be subject to a civil penalty of not more than $2,500. Any such violation with re- spect to paragraph (1), (3)(A), or (4) of section 7522(a) of this title shall constitute a separate offense with respect to each motor vehicle or motor vehicle engine. Any such violation with respect to section 7522(a)(3)(B) of this title shall constitute a separate offense with respect to each part or component. Any person who vio- lates section 7522(a)(2) of this title shall be sub- ject to a civil penalty of not more than $25,000 per day of violation. (b) Civil actions The Administrator may commence a civil ac- tion to assess and recover any civil penalty under subsection (a) of this section, section 7545(d) of this title, or section 7547(d) of this title. Any action under this subsection may be brought in the district court of the United States for the district in which the violation is alleged to have occurred or in which the defend- ant resides or has the Administrator’s principal place of business, and the court shall have juris- diction to assess a civil penalty. In determining the amount of any civil penalty to be assessed under this subsection, the court shall take into account the gravity of the violation, the eco- nomic benefit or savings (if any) resulting from the violation, the size of the violator’s business, the violator’s history of compliance with this subchapter, action taken to remedy the viola- tion, the effect of the penalty on the violator’s ability to continue in business, and such other matters as justice may require. In any such ac- tion, subpoenas for witnesses who are required to attend a district court in any district may run into any other district. (c) Administrative assessment of certain pen- alties (1) Administrative penalty authority In lieu of commencing a civil action under subsection (b), the Administrator may assess any civil penalty prescribed in subsection (a) of this section, section 7545(d) of this title, or section 7547(d) of this title, except that the maximum amount of penalty sought against each violator in a penalty assessment pro- ceeding shall not exceed $200,000, unless the Administrator and the Attorney General joint- ly determine that a matter involving a larger penalty amount is appropriate for administra- tive penalty assessment. Any such determina- tion by the Administrator and the Attorney General shall not be subject to judicial review. Assessment of a civil penalty under this sub- section shall be by an order made on the record after opportunity for a hearing in ac- cordance with sections 554 and 556 of title 5. The Administrator shall issue reasonable rules for discovery and other procedures for hear- ings under this paragraph. Before issuing such an order, the Administrator shall give written notice to the person to be assessed an adminis- trative penalty of the Administrator’s pro- posal to issue such order and provide such per- son an opportunity to request such a hearing on the order, within 30 days of the date the no- tice is received by such person. The Adminis- trator may compromise, or remit, with or without conditions, any administrative pen- alty which may be imposed under this section. (2) Determining amount In determining the amount of any civil pen- alty assessed under this subsection, the Ad- ministrator shall take into account the grav- ity of the violation, the economic benefit or savings (if any) resulting from the violation, the size of the violator’s business, the viola- tor’s history of compliance with this sub- chapter, action taken to remedy the violation, the effect of the penalty on the violator’s abil- ity to continue in business, and such other matters as justice may require. (3) Effect of Administrator’s action (A) Action by the Administrator under this subsection shall not affect or limit the Admin- istrator’s authority to enforce any provision of this chapter; except that any violation, (i) with respect to which the Adminis- trator has commenced and is diligently pros- ecuting an action under this subsection, or (ii) for which the Administrator has issued a final order not subject to further judicial review and the violator has paid a penalty assessment under this subsection, shall not be the subject of civil penalty action under subsection (b). (B) No action by the Administrator under this subsection shall affect any person’s obli- Page 7328 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7525 gation to comply with any section of this chapter. (4) Finality of order An order issued under this subsection shall become final 30 days after its issuance unless a petition for judicial review is filed under paragraph (5). (5) Judicial review Any person against whom a civil penalty is assessed in accordance with this subsection may seek review of the assessment in the United States District Court for the District of Columbia, or for the district in which the violation is alleged to have occurred, in which such person resides, or where such person’s principal place of business is located, within the 30-day period beginning on the date a civil penalty order is issued. Such person shall si- multaneously send a copy of the filing by cer- tified mail to the Administrator and the At- torney General. The Administrator shall file in the court a certified copy, or certified index, as appropriate, of the record on which the order was issued within 30 days. The court shall not set aside or remand any order issued in accordance with the requirements of this subsection unless there is not substantial evi- dence in the record, taken as a whole, to sup- port the finding of a violation or unless the Administrator’s assessment of the penalty constitutes an abuse of discretion, and the court shall not impose additional civil pen- alties unless the Administrator’s assessment of the penalty constitutes an abuse of discre- tion. In any proceedings, the United States may seek to recover civil penalties assessed under this section. (6) Collection If any person fails to pay an assessment of a civil penalty imposed by the Administrator as provided in this subsection— (A) after the order making the assessment has become final, or (B) after a court in an action brought under paragraph (5) has entered a final judg- ment in favor of the Administrator, the Administrator shall request the Attorney General to bring a civil action in an appro- priate district court to recover the amount as- sessed (plus interest at rates established pur- suant to section 6621(a)(2) of title 26 from the date of the final order or the date of the final judgment, as the case may be). In such an ac- tion, the validity, amount, and appropriate- ness of the penalty shall not be subject to re- view. Any person who fails to pay on a timely basis the amount of an assessment of a civil penalty as described in the first sentence of this paragraph shall be required to pay, in ad- dition to that amount and interest, the United States’ enforcement expenses, including attor- neys fees and costs for collection proceedings, and a quarterly nonpayment penalty for each quarter during which such failure to pay per- sists. The nonpayment penalty shall be in an amount equal to 10 percent of the aggregate amount of that person’s penalties and non- payment penalties which are unpaid as of the beginning of such quarter. (July 14, 1955, ch. 360, title I, § 205, as added Pub. L. 89–272, title I, § 101(8), Oct. 20, 1965, 79 Stat. 994; amended Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 500; Pub. L. 91–604, § 7(c), Dec. 31, 1970, 84 Stat. 1694; Pub. L. 95–95, title II, § 219(c), Aug. 7, 1977, 91 Stat. 762; Pub. L. 101–549, title II, § 228(c), Nov. 15, 1990, 104 Stat. 2508.) Editorial Notes CODIFICATION Section was formerly classified to section 1857f–4 of this title. AMENDMENTS 1990—Pub. L. 101–549 amended section generally. Prior to amendment, section read as follows: ‘‘Any person who violates paragraph (1), (2), or (4) of section 7522(a) of this title or any manufacturer, dealer, or other per- son who violates paragraph (3)(A) of section 7522(a) of this title shall be subject to a civil penalty of not more than $10,000. Any person who violates paragraph (3)(B) of such section 7522(a) shall be subject to a civil penalty of not more than $2,500. Any such violation with re- spect to paragraph (1), (3), or (4) of section 7522(a) of this title shall constitute a separate offense with re- spect to each motor vehicle or motor vehicle engine.’’ 1977—Pub. L. 95–95 substituted ‘‘Any person who vio- lates paragraph (1), (2), or (4) of section 7522(a) of this title, or any manufacturer, dealer, or other person who violates paragraph (3)(A) of section 7522(a) of this title’’ for ‘‘Any person who violates paragraph (1), (2), (3), or (4) of section 7522(a) of this title’’ in provisions covering the civil penalty of $10,000, and inserted provisions for a civil penalty of not more than $2,500 for violations of par. (3)(B) of section 7522(a) of this title. 1970—Pub. L. 91–604 increased the upper limit of the allowable fine from ‘‘$1,000’’ to ‘‘$10,000’’. 1967—Pub. L. 90–148 reenacted section without change. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–95 effective Aug. 7, 1977, ex- cept as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as a note under section 7401 of this title. § 7525. Motor vehicle and motor vehicle engine compliance testing and certification (a) Testing and issuance of certificate of con- formity (1) The Administrator shall test, or require to be tested in such manner as he deems appro- priate, any new motor vehicle or new motor ve- hicle engine submitted by a manufacturer to de- termine whether such vehicle or engine con- forms with the regulations prescribed under sec- tion 7521 of this title. If such vehicle or engine conforms to such regulations, the Administrator shall issue a certificate of conformity upon such terms, and for such period (not in excess of one year), as he may prescribe. In the case of any original equipment manufacturer (as defined by the Administrator in regulations promulgated before November 15, 1990) of vehicles or vehicle engines whose projected sales in the United States for any model year (as determined by the Administrator) will not exceed 300, the Adminis- trator shall not require, for purposes of deter- mining compliance with regulations under sec- tion 7521 of this title for the useful life of the ve- hicle or engine, operation of any vehicle or en-