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1994 US Code
Title 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 37 - ORGANOTIN ANTIFOULING PAINT CONTROL
Sec. 2409 - Penalties

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Metadata
Publication TitleUnited States Code, 1994 Edition, Title 33 - NAVIGATION AND NAVIGABLE WATERS
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 37 - ORGANOTIN ANTIFOULING PAINT CONTROL
Sec. 2409 - Penalties
Containssection 2409
Date1994
Laws in Effect as of DateJanuary 4, 1995
Positive LawNo
Dispositionstandard
Source CreditPub. L. 100-333, §10, June 16, 1988, 102 Stat. 608.
Statutes at Large Reference102 Stat. 608
Public Law ReferencePublic Law 100-333


§2409. Penalties (a) Civil penalties

(1) Any person violating section 2403 or 2404 of this title shall be assessed a civil penalty of not more than ,000 for each offense.

(2) After notice and an opportunity for a hearing, a person found by the Administrator to have violated section 2403 or 2404 of this title is liable to the United States Government for the civil penalty assessed under subsection (a) of this section. The amount of the civil penalty shall be assessed by the Administrator by written notice. In determining the amount of the penalty, the Administrator shall consider the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other matters that justice requires.

(3) The Administrator may compromise, modify, or remit, with or without consideration, a civil penalty assessed under this section until the assessment is referred to the Attorney General.

(4) If a person fails to pay an assessment of a civil penalty after it has become final, the Administrator may refer the matter to the Attorney General for collection in the appropriate United States district court.

(b) Criminal penalties

Any person knowingly violating section 2403 or 2404 of this title shall be fined not more than ,000, or imprisoned for not more than one year, or both.

(Pub. L. 100–333, §10, June 16, 1988, 102 Stat. 608.)

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