42 USC 1320d-5 - General penalty for failure to comply with requirements and standards

U.S Code last checked for updates: May 03, 2024

§ 1320d–5.

General penalty for failure to comply with requirements and standards

(a)

General penalty

(1)

In general

Except as provided in subsection (b), the Secretary shall impose on any person who violates a provision of this part—

(A)

in the case of a violation of such provision in which it is established that the person did not know (and by exercising reasonable diligence would not have known) that such person violated such provision, a penalty for each such violation of an amount that is at least the amount described in paragraph (3)(A) but not to exceed the amount described in paragraph (3)(D);

(B)

in the case of a violation of such provision in which it is established that the violation was due to reasonable cause and not to willful neglect, a penalty for each such violation of an amount that is at least the amount described in paragraph (3)(B) but not to exceed the amount described in paragraph (3)(D); and

(C)

in the case of a violation of such provision in which it is established that the violation was due to willful neglect—

(i)

if the violation is corrected as described in subsection (b)(3)(A),1

 So in original. Probably should be “(b)(2)(A),”.

a penalty in an amount that is at least the amount described in paragraph (3)(C) but not to exceed the amount described in paragraph (3)(D); and

(ii)

if the violation is not corrected as described in such subsection, a penalty in an amount that is at least the amount described in paragraph (3)(D).

In determining the amount of a penalty under this section for a violation, the Secretary shall base such determination on the nature and extent of the violation and the nature and extent of the harm resulting from such violation.

(2)

Procedures

(3)

Tiers of penalties described

For purposes of paragraph (1), with respect to a violation by a person of a provision of this part—

(A)

the amount described in this subparagraph is $100 for each such violation, except that the total amount imposed on the person for all such violations of an identical requirement or prohibition during a calendar year may not exceed $25,000;

(B)

the amount described in this subparagraph is $1,000 for each such violation, except that the total amount imposed on the person for all such violations of an identical requirement or prohibition during a calendar year may not exceed $100,000;

(C)

the amount described in this subparagraph is $10,000 for each such violation, except that the total amount imposed on the person for all such violations of an identical requirement or prohibition during a calendar year may not exceed $250,000; and

(D)

the amount described in this subparagraph is $50,000 for each such violation, except that the total amount imposed on the person for all such violations of an identical requirement or prohibition during a calendar year may not exceed $1,500,000.

(b)

Limitations

(1)

Offenses otherwise punishable

(2)

Failures due to reasonable cause

(A)

In general

(B)

Extension of period

(i)

No penalty

(ii)

Assistance

(3)

Reduction

(c)

Noncompliance due to willful neglect

(1)

In general

(2)

Required investigation

(d)

Enforcement by State attorneys general

(1)

Civil action

Except as provided in subsection (b), in any case in which the attorney general of a State has reason to believe that an interest of one or more of the residents of that State has been or is threatened or adversely affected by any person who violates a provision of this part, the attorney general of the State, as parens patriae, may bring a civil action on behalf of such residents of the State in a district court of the United States of appropriate jurisdiction—

(A)

to enjoin further such violation by the defendant; or

(B)

to obtain damages on behalf of such residents of the State, in an amount equal to the amount determined under paragraph (2).

(2)

Statutory damages

(A)

In general

(B)

Limitation

(C)

Reduction of damages

(3)

Attorney fees

(4)

Notice to Secretary

The State shall serve prior written notice of any action under paragraph (1) upon the Secretary and provide the Secretary with a copy of its complaint, except in any case in which such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. The Secretary shall have the right—

(A)

to intervene in the action;

(B)

upon so intervening, to be heard on all matters arising therein; and

(C)

to file petitions for appeal.

(5)

Construction

(6)

Venue; service of process

(A)

Venue

(B)

Service of process

In an action brought under paragraph (1), process may be served in any district in which the defendant—

(i)

is an inhabitant; or

(ii)

maintains a physical place of business.

(7)

Limitation on State action while Federal action is pending

(8)

Application of CMP statute of limitation

(e)

Allowing continued use of corrective action

(Aug. 14, 1935, ch. 531, title XI, § 1176, as added Pub. L. 104–191, title II, § 262(a), Aug. 21, 1996, 110 Stat. 2028; amended Pub. L. 111–5, div. A, title XIII, § 13410(a)(1), (d)(1)–(3), (e)(1), (2), (f), Feb. 17, 2009, 123 Stat. 271–276.)

cite as: 42 USC 1320d-5