Any person who-
shall be liable for a penalty of up to $500 per violation for each day such violation continues, dating from the date of such notice or report. A penalty under this subsection may not be applied to any person who is otherwise liable for a violation of paragraph (1) if:
If corrective action in not taken within 40 days or a longer period as the Secretary may agree to, after due notice or the report referred to in subsection (a)(1), such person shall be liable for a civil penalty of not more than $5,000 per violation for each day such violation continues, dating from the date of such notice or report.
Any person who-
shall be liable for a penalty of up to $10,000 per violation for each day such violation continues.
Any person who-
shall be liable for a penalty of up to $25,000 per violation for each day such violation continues.
No penalty under this section shall be assessed until the person charged with a violation has been given the opportunity for a hearing on the record.
The amount of any penalty under this section, as finally determined 2 may be deducted from any sums owing by the United States to the person charged.
On a case-by-case basis the Secretary may compromise or reduce civil penalties under this section.
Notice under this 3 subsection (a) shall be by personal service by an authorized representative of the Secretary or by registered mail. Any person may, in the manner prescribed by the Secretary, designate a representative to receive any notice under this subsection.
In determining the amount of such penalty, or whether it should be remitted or reduced, and in what amount, the Secretary shall state on the record the reasons for his determinations.
Any person who has requested a hearing in accordance with subsection (e) within the time the Secretary has prescribed for such a hearing and who is aggrieved by a final order of the Secretary under this section may seek review of such order in the United States district court for the judicial district in which the violation allegedly took place. Review by the district court shall be only on the administrative record and not de novo. Such an action shall be barred unless filed within 90 days after the Secretary's final order.
If any person fails to pay an assessment of a civil penalty under this chapter-
the court shall have jurisdiction to award the amount assessed plus interest from the date of the expiration of the 90-day period referred to in subsection (j). Judgment by the court shall include an order to pay.
No person shall be liable for a civil penalty under subsection (a) or (b) for failure to pay any rental for any lease automatically terminated pursuant to section 188 of this title.
1 See References in Text note below.
2 So in original. Probably should be followed by a comma.
3 So in original.
30 U.S.C. § 1719
EDITORIAL NOTES
REFERENCES IN TEXTSection 1712(a) of this title, referred to in subsec. (a)(2), was amended generally by Pub. L. 104-185, §6(g), Aug. 13, 1996, 110 Stat. 1715, and, as so amended, no longer contains a par. (2). See section 1712(a) of this title.