42 U.S.C. § 4910 — Enforcement

FEDERAL · 42 U.S.C. · Chapter 65

Enforcement

42 U.S.C. § 4910

Chapter65 — NOISE CONTROL

This text of 42 U.S.C. § 4910 (Enforcement) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

42 U.S.C. § 4910.

Text

(a)Criminal penalties

(1)Any person who willfully or knowingly violates paragraph (1), (3), (5), or (6) of subsection (a) of section 4909 of this title shall be punished by a fine of not more than $25,000 per day of violation, or by imprisonment for not more than one year, or by both. If the conviction is for a violation committed after a first conviction of such person under this subsection, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment for not more than two years, or by both.

(2)Any person who violates paragraph (1), (3), (5), or (6) of subsection (a) of section 4909 of this title shall be subject to a civil penalty not to exceed $10,000 per day of such violation.

(b)Separate violations For the purpose of this section, each day of vio

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(a) Criminal penalties
(1) Any person who willfully or knowingly violates paragraph (1), (3), (5), or (6) of subsection (a) of section 4909 of this title shall be punished by a fine of not more than $25,000 per day of violation, or by imprisonment for not more than one year, or by both. If the conviction is for a violation committed after a first conviction of such person under this subsection, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment for not more than two years, or by both.
(2) Any person who violates paragraph (1), (3), (5), or (6) of subsection (a) of section 4909 of this title shall be subject to a civil penalty not to exceed $10,000 per day of such violation.
(b) Separate violations
For the purpose of this section, each day of violation of any paragraph of section 4909(a) of this title shall constitute a separate violation of that section.
(c) Actions to restrain violations
The district courts of the United States shall have jurisdiction of actions brought by and in the name of the United States to restrain any violations of section 4909(a) of this title.
(d) Orders issued to protect public health and welfare; notice; opportunity for hearing
(1) Whenever any person is in violation of section 4909(a) of this title, the Administrator may issue an order specifying such relief as he determines is necessary to protect the public health and welfare.
(2) Any order under this subsection shall be issued only after notice and opportunity for a hearing in accordance with section 554 of title 5.
(e) "Person" defined
The term "person," as used in this section, does not include a department, agency, or instrumentality of the United States.

Chrysler Corporation v. Environmental Protection Agency, General Motors Corporation v. Douglas Costle, Administrator, Environmental Protection Agency, International Harvester Company v. Douglas Costle, Administrator, Environmental Protection Agency, Ford Motor Company v. Environmental Protection Agency

600 F.2d 904 (D.C. Circuit, 1979)

Christie v. Miller

719 P.2d 68 (Court of Appeals of Oregon, 1986)

Source Credit

History

(Pub. L. 92–574, §11, Oct. 27, 1972, 86 Stat. 1242; Pub. L. 95–609, §4, Nov. 8, 1978, 92 Stat. 3081.)

Editorial Notes

Editorial Notes

Amendments
1978—Subsec. (a). Pub. L. 95–609 redesignated existing provisions as par. (1) and added par. (2).

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Bluebook (online)

42 U.S.C. § 4910, Counsel Stack Legal Research, https://law.counselstack.com/usc/42/4910.

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Editorial Notes

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