U.S. Code » Title 15 » Chapter CHAPTER 53— TOXIC SUBSTANCES CONTROL › Subchapter SUBCHAPTER I— CONTROL OF TOXIC SUBSTANCES

15 U.S.C. § 2615

Penalties

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(a) Civil(1) Any person who violates a provision of section 2614 or 2689 of this title shall be liable to the United States for a civil penalty in an amount not to exceed $37,500 for each such violation. Each day such a violation continues shall, for purposes of this subsection, constitute a separate violation of section 2614 or 2689 of this title.(2)(A) A civil penalty for a violation of section section 2614 or 2689 of this title shall be assessed by the Administrator by an order made on the record after opportunity (provided in accordance with this subparagraph) for a hearing in accordance with section 554 of title 5. Before issuing such an order, the Administrator shall give written notice to the person to be assessed a civil penalty under such order of the Administrator’s proposal to issue such order and provide such person an opportunity to request, within 15 days of the date the notice is received by such person, such a hearing on the order.(B) In determining the amount of a civil penalty, the Administrator shall take into account the nature, circumstances, extent, and gravity of the violation or violations and, with respect to the violator, ability to pay, effect on ability to continue to do business, any history of prior such violations, the degree of culpability, and such other matters as justice may require.(C) The Administrator may compromise, modify, or remit, with or without conditions, any civil penalty which may be imposed under this subsection. The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the United States to the person charged.(3) Any person who requested in accordance with paragraph (2)(A) a hearing respecting the assessment of a civil penalty and who is aggrieved by an order assessing a civil penalty may file a petition for judicial review of such order with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which such person resides or transacts business. Such a petition may only be filed within the 30-day period beginning on the date the order making such assessment was issued.(4) If any person fails to pay an assessment of a civil penalty—(A) after the order making the assessment has become a final order and if such person does not file a petition for judicial review of the order in accordance with paragraph (3), or(B) after a court in an action brought under paragraph (3) has entered a final judgment in favor of the Administrator,the Attorney General shall recover the amount assessed (plus interest at currently prevailing rates from the date of the expiration of the 30-day period referred to in paragraph (3) or the date of such final judgment, as the case may be) in an action brought in any appropriate district court of the United States. In such an action, the validity, amount, and appropriateness of such penalty shall not be subject to review.(b) Criminal(1) In general

Any person who knowingly or willfully violates any provision of section 2614 or 2689 of this title, shall, in addition to or in lieu of any civil penalty which may be imposed under subsection (a) of this section for such violation, be subject, upon conviction, to a fine of not more than $50,000 for each day of violation, or to imprisonment for not more than one year, or both.

(2) Imminent danger of death or serious bodily injury(A) In general

Any person who knowingly and willfully violates any provision of section 2614 or 2689 of this title, and who knows at the time of the violation that the violation places an individual in imminent danger of death or serious bodily injury, shall be subject on conviction to a fine of not more than $250,000, or imprisonment for not more than 15 years, or both.

(B) Organizations

Notwithstanding the penalties described in subparagraph (A), an organization that commits a knowing violation described in subparagraph (A) shall be subject on conviction to a fine of not more than $1,000,000 for each violation.

(C) Incorporation of corresponding provisions

Subparagraphs (B) through (F) of section 7413(c)(5) of title 42 shall apply to the prosecution of a violation under this paragraph.

(Pub. L. 94–469, title I, § 16, Oct. 11, 1976, 90 Stat. 2037; renumbered title I, Pub. L. 99–519, § 3(c)(1), Oct. 22, 1986, 100 Stat. 2989; amended Pub. L. 102–550, title X, § 1021(b)(5), Oct. 28, 1992, 106 Stat. 3923; Pub. L. 114–182, title I, § 12, June 22, 2016, 130 Stat. 492.)Editorial NotesAmendments

2016—Subsec. (a)(1). Pub. L. 114–182, § 12(1), substituted “$37,500” for “$25,000”.

Subsec. (b). Pub. L. 114–182, § 12(2), designated existing provisions as par. (1), inserted heading, substituted “$50,000” for “$25,000”, and added par. (2).

1992—Subsecs. (a)(1), (2)(A), (b). Pub. L. 102–550 substituted “section 2614 or 2689 of this title” for “section 2614 of this title” wherever appearing.

Statutory Notes and Related SubsidiariesEffective Date

Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title.

Notes of Decisions
Cited in 35 cases (1 in the last 5 years), 1985–2021 · leading case: United States ex rel. Kasowitz Benson Torres LLP v. BASF Corp., 285 F. Supp. 3d 44 (D.C. Cir. 2017).
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United States ex rel. Kasowitz Benson Torres LLP v. BASF Corp., 285 F. Supp. 3d 44 (D.C. Cir. 2017). · cites it 6× “15 U.S.C. § 2615 (a)(1). TSCA lays out a process whereby such penalties may be imposed.”
United States Ex Rel. Simoneaux v. E.I. Dupont De Nemours & Co., 843 F.3d 1033 (5th Cir. 2016). · cites it 2× “§ 2615 (a)(1), any person who violates certain provisions of the TSCA, including Section 8(e), “shall be liable to the United States for a civil penalty in an amount not to exceed $37,500 for each such violation. Each day such a violation continues shall, for purposes of this…”
Rollins Env't Servs. (Nj) Inc. v. U.S. Env't Prot. Agency, 937 F.2d 649 (D.C. Cir. 1991). · cites it 3× ““In determining the amount of a civil penalty, the Administrator shall take into account the nature, circumstances, extent, and gravity of the violation .”
Sipes Ex Rel. Slaughter v. Russell, 89 F. Supp. 2d 1199 (D. Kan. 2000). · cites it 4× “§ 2601 et seq], the penalty for each violation applicable under section 16 of that act [ 15 U.S.C. § 2615 ] shall not be more than $10,000.”
Vidiksis v. Env't Prot. Agency, 612 F.3d 1150 (11th Cir. 2010). · cites it 3× “” 15 U.S.C. § 2615 (a)(2)(B). A. Factor — gravity In completing the first step of the penalty analysis, the ERP employs a matrix to establish the penalty’s gravity component that takes into account the violations’ “extent.”
United States Ex Rel. Kasowitz Benson Torres LLP v. Basf Corp., 929 F.3d 721 (D.C. Cir. 2019). · cites it 2× “15 U.S.C. § 2615 (a)(2)(C) (EPA "may compromise, modify, or remit, with or without conditions, any civil penalty which may be imposed under this subsection.”
United States v. Carolina Transformer Co. Dewey Strother Kenneth Ray Strother Faytranco, Inc., 978 F.2d 832 (4th Cir. 1992). “By default order dated September 19, 1984, issued pursuant to § 16 of the Toxic Substances Control Act, 15 U.S.C. § 2615 , Carolina Transformer was ordered to pay an administrative penalty of $26,000 for violations of TSCA.”
Brewer v. Ravan, 680 F. Supp. 1176 (M.D. Tenn. 1988). · cites it 2× “Nevertheless, plaintiffs urge the *1184 Court to read TSCA’s citizen suit provision in conjunction with TSCA’s civil penalty provision, 15 U.S.C. § 2615 (a), and hold that such penalties are available to private plaintiffs.”
United States v. Lloyd Robl, 8 F.4th 515 (7th Cir. 2021). “§ 7413 (c)(5) (Count 15); knowingly and willfully disposing of asbestos- containing material without proper accreditation by a state under the Toxic Substances Control Act, in violation of 15 U.S.C. § 2615 (b) (Count 16); and knowingly and corruptly No.”
Gen. Elec. Co. v. United States Env't Prot. Agency, 53 F.3d 1324 (D.C. Cir. 1995). “at 654 (citing 15 U.S.C. § 2615 (a)(2)(B)). Dissenting in part, now-Chief Judge Edwards concluded that Rollins had adequately raised the “fair notice” issue and that the regulation clearly did not provide fair notice.”
Spitzer Great Lakes Ltd., Co. v. United States Env't Prot. Agency, 173 F.3d 412 (6th Cir. 1999). · cites it 3× “See 15 U.S.C. § 2615 (a). A civil penalty “shall be assessed by the Administrator by an order made on the record after opportunity .”
United States v. Giacomo D. Catucci, 55 F.3d 15 (1st Cir. 1995). · cites it 2× “Thereafter, Catucci was charged, in two counts, with causing unlawful disposal of PCBs in violation of 15 U.S.C. § 2615 (b) and, in two additional counts, with failing to provide immediate notification of a release of hazardous materials, in violation of 42 U.”
Show all 35 citing cases →
— 15 U.S.C. § 2615(a)(1) — 2 cases
Asbestos Disease Awareness Org. v. Wheeler (N.D. Cal. 2020).
State of California v. United States Env't Prot. Agency (N.D. Cal. 2020).
— 15 U.S.C. § 2615(b)(1) — 2 cases
Asbestos Disease Awareness Org. v. Wheeler (N.D. Cal. 2020).
State of California v. United States Env't Prot. Agency (N.D. Cal. 2020).
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