Section text and notes
Violations
It shall be unlawful for any person to violate any provision of subchapter II or any rule or order issued under any such provision.
Civil penalties
section 823b(d) of this titlesection 823b of this titleAny person who violates any provision of subchapter II or any provision of any rule or order thereunder shall be subject to a civil penalty of not more than $1,000,000 for each day that such violation continues. Such penalty shall be assessed by the Commission, after notice and opportunity for public hearing, in accordance with the same provisions as are applicable under in the case of civil penalties assessed under . In determining the amount of a proposed penalty, the Commission shall take into consideration the seriousness of the violation and the efforts of such person to remedy the violation in a timely manner.
June 10, 1920, ch. 285 Pub. L. 102–486, title VII, § 725(b)106 Stat. 2920 Pub. L. 109–58, title XII, § 1284(e)119 Stat. 980 (, pt. III, § 316A, as added , , ; amended , , .)
Editorial Notes
Amendments
Pub. L. 109–58l2005— substituted “subchapter II” for “section 824j, 824k, 824, or 824m of this title” in subsecs. (a) and (b) and “$1,000,000” for “$10,000” in subsec. (b).
Statutory Notes and Related Subsidiaries
State Authorities; Construction
section 731 of Pub. L. 102–486section 796 of this titleNothing in this section to be construed as affecting or intending to affect, or in any way to interfere with, authority of any State or local government relating to environmental protection or siting of facilities, see , set out as a note under .