42 U.S.C. § 4910

Enforcement

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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.

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.

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

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

Notes of Decisions

Cited in 7 cases, 1979–2012 · leading case: S. Union Co. v. United States, 132 S. Ct. 2344 (2012).

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S. Union Co. v. United States, 132 S. Ct. 2344 (2012). · cites it 2× “§223 (b); see also 42 U. S. C. §4910 (b). Rather, as in many other similar statutes, the statute here sets forth the crime and kinds of punishments (fine and imprison ment), while separately specifying facts that determine the maximum punishment of one kind (fines).”

Chrysler Corp. v. Env't Prot. Agency, 600 F.2d 904 (D.C. Cir. 1979). · cites it 4× “4(f) as unnecessary, asserting that any violation of a manufacturer’s duty to allow a warranted entry could be dealt with by exercise of the enforcement powers conferred by § 11 of the Act, 42 U.S.C. § 4910 (1976). 43 Fed.Reg. 27989 (1978).”

Atlas Copco, Inc. v. Env't Prot. Agency, 642 F.2d 458 (D.C. Cir. 1980). “59 (1977), from § 11, 42 U.S.C. § 4910 (1976). . 42 U.S.C. § 4905 (c)(1) (1976).”

Puerto Rico Ex Rel. Sec'y of Just. v. Rumsfeld, 180 F. Supp. 2d 145 (D.D.C. 2002). “42 U.S.C. § 4910 . The Enforcement section permits criminal and civil penalties for violations of 42 U.”

Harnischfeger Corp. v. United States Env't Prot. Agency, 515 F. Supp. 1310 (E.D. Wis. 1981). “The defendants have counterclaimed, pursuant to 42 U.S.C. § 4910 (c), for enforcement of the test orders.”

Atlas Copco, Inc. v. Env't Prot. Agency, 206 U.S. App. D.C. 53 (D.C. Cir. 1979). “59 (1977), from § 11, 42 U.S.C. § 4910 (1976). . 42 U.S.C. § 4905 (c)(1) (1976).”

Christie v. Miller, 719 P.2d 68 (Or. Ct. App. 1986). “Defendants’ motion to dismiss was granted on the ground that federal law preempts the power of state courts to grant the injunctive relief requested.”

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