49 U.S.C. § 5123
Section 5123 · Civil penalty
Current version, with additions and removals from the July 5, 1994 version.
(A) the person has actual knowledge of the facts giving rise to the violation; or
(A) the person has actual knowledge of the facts giving rise to the violation; or
(B) a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge.
(B) a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge.
(2) If the Secretary finds that a violation under paragraph (1) results in death, serious illness, or severe injury to any person or substantial destruction of property, the Secretary may increase the amount of the civil penalty for such violation to not more than $175,000.
(3) If the violation is related to training, a person described in paragraph (1) shall be liable for a civil penalty of at least $450.
(c) Penalty Considerations.—In determining the amount of a civil penalty under this section, the Secretary shall consider—
(c) Penalty Considerations.—In determining the amount of a civil penalty under this section, the Secretary shall consider—
(1) the nature, circumstances, extent, and gravity of the violation;
(1) the nature, circumstances, extent, and gravity of the violation;
(2) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue to do business; and
(2) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue to do business; and
(3) other matters that justice requires.
(3) other matters that justice requires.
(e) Compromise.—The Secretary may compromise the amount of a civil penalty imposed under this section before referral to the Attorney General.
(e) Compromise.—The Secretary may compromise the amount of a civil penalty imposed under this section before referral to the Attorney General.
(f) 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.
(f) 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.
(g) Depositing Amounts Collected.—Amounts collected under this section shall be deposited in the Treasury as miscellaneous receipts.
(g) Depositing Amounts Collected.—Amounts collected under this section shall be deposited in the Treasury as miscellaneous receipts.
(h) Penalty for Obstruction of Inspections and Investigations.—
(1) The Secretary may impose a penalty on a person who obstructs or prevents the Secretary from carrying out inspections or investigations under subsection (c) or (i) of section 5121.
(2) For the purposes of this subsection, the term “obstructs” means actions that were known, or reasonably should have been known, to prevent, hinder, or impede an investigation.
(i) Prohibition on Hazardous Material Operations After Nonpayment of Penalties.—
(1) In general.—Except as provided under paragraph (2), a person subject to the jurisdiction of the Secretary under this chapter who fails to pay a civil penalty assessed under this chapter, or fails to arrange and abide by an acceptable payment plan for such civil penalty, may not conduct any activity regulated under this chapter beginning on the 91st day after the date specified by order of the Secretary for payment of such penalty unless the person has filed a formal administrative or judicial appeal of the penalty.
(2) Exception.—Paragraph (1) shall not apply to any person who is unable to pay a civil penalty because such person is a debtor in a case under chapter 11 of title 11.
(3) Rulemaking.—Not later than 2 years after the date of enactment of this subsection, the Secretary, after providing notice and an opportunity for public comment, shall issue regulations that—
(A) set forth procedures to require a person who is delinquent in paying civil penalties to cease any activity regulated under this chapter until payment has been made or an acceptable payment plan has been arranged; and
(B) ensures 1 that the person described in subparagraph (A)—
(i) is notified in writing; and
(ii) is given an opportunity to respond before the person is required to cease the activity.