§ 1462. — Civil penalties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1462]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 26--DEEP SEABED HARD MINERAL RESOURCES
SUBCHAPTER III--ENFORCEMENT AND MISCELLANEOUS PROVISIONS
Sec. 1462. Civil penalties
(a) Assessment of penalty
Any person subject to section 1461 of this title who is found by the
Administrator, after notice and an opportunity for a hearing in
accordance with section 554 of title 5, to have committed any act
prohibited by section 1461 of this title shall be liable to the United
States for a civil penalty. The amount of the civil penalty shall not
exceed $25,000 for each violation. Each day of a continuing violation
shall constitute a separate offense. The amount of such civil penalty
shall be assessed by the Administrator by written notice. In determining
the amount of such penalty, the Administrator shall take into account
the nature, circumstances, extent, and gravity of the prohibited act
committed and, with respect to the violator, any history of prior
offenses, good faith demonstrated in attempting to achieve timely
compliance after being cited for the violation, and such other matters
as justice may require.
(b) Review of civil penalty
Any person subject to section 1461 of this title against whom a
civil penalty is assessed under subsection (a) of this section may
obtain review thereof in an appropriate district court of the United
States by filing a notice of appeal in such court within 30 days from
the date of such order and by simultaneously sending a copy of such
notice by certified mail to the Administrator. The Administrator shall
promptly file in such court a certified copy of the record upon which
the particular violation was found and such penalty was imposed, as
provided in section 2112 of title 28. The findings and order of the
Administrator shall be set aside by such court if they are not found to
be supported by substantial evidence, as provided in section 706(2)(E)
of title 5.
(c) Action upon failure to pay assessment
If any person subject to section 1461 of this title fails to pay a
civil penalty assessed against such person after the penalty has become
final, or after the appropriate court has entered final judgment in
favor of the Administrator, the Administrator shall refer the matter to
the Attorney General of the United States, who shall recover the civil
penalty assessed in any appropriate district court of the United States.
In such action, the validity and appropriateness of the final order
imposing the civil penalty shall not be subject to review.
(d) Compromise or other action by the Administrator
The Administrator may compromise, modify, or remit, with or without
conditions, any civil penalty which is subject to imposition or which
has been imposed under this section unless an action brought under
subsection (b) or (c) of this section is pending in a court of the
United States.
(Pub. L. 96-283, title III, Sec. 302, June 28, 1980, 94 Stat. 577.)
Section Referred to in Other Sections
This section is referred to in section 1416 of this title.
