2016 US Code
Title 33 - Navigation and Navigable Waters
Chapter 39 - Shore Protection From Municipal or Commercial Waste
Subchapter I - Shore Protection
Sec. 2608 - Civil penalty procedures
| 33 U.S.C. § 2608 (2016) |
| §2608. Civil penalty procedures |
|
(a) General procedures
After notice and an opportunity for a hearing, a person found by the Secretary of Transportation to have violated this chapter or a regulation prescribed under this chapter for which a civil penalty is provided, is liable to the United States Government for the civil penalty provided. The amount of the civil penalty shall be assessed by the Secretary by written notice. In determining the amount of the penalty, the Secretary 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. (b) Compromising penaltiesThe Secretary may compromise, modify, or remit, with or without consideration, a civil penalty under this chapter until the assessment is referred to the Attorney General. (c) Referral to Attorney GeneralIf a person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General for collection in an appropriate district court of the United States. (d) Refund of penaltyThe Secretary may refund or remit a civil penalty collected under this chapter if— (1) application has been made for refund or remission of the penalty within one year from the date of payment; and (2) the Secretary finds that the penalty was unlawfully, improperly, or excessively imposed. |
|
(Pub. L. 100–688, title IV, §4108, Nov. 18, 1988, 102 Stat. 4158.) |
| United States Code, 2012 Edition, Supplement 4, Title 33 - NAVIGATION AND NAVIGABLE WATERS |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 39 - SHORE PROTECTION FROM MUNICIPAL OR COMMERCIAL WASTE SUBCHAPTER I - SHORE PROTECTION Sec. 2608 - Civil penalty procedures |
| section 2608 |
| 2016 |
| January 6, 2017 |
| No |
| standard |
| 102 Stat. 4158 |
| Public Law 100-688 |
