§ 820. — 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: 30USC820]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 22--MINE SAFETY AND HEALTH
SUBCHAPTER I--GENERAL
Sec. 820. Penalties
(a) Civil penalty for violation of mandatory health or safety standards
The operator of a coal or other mine in which a violation occurs of
a mandatory health or safety standard or who violates any other
provision of this chapter, shall be assessed a civil penalty by the
Secretary which penalty shall not be more than $50,000 for each such
violation. Each occurrence of a violation of a mandatory health or
safety standard may constitute a separate offense.
(b) Civil penalty for failure to correct violation for which citation
has been issued
Any operator who fails to correct a violation for which a citation
has been issued under section 814(a) of this title within the period
permitted for its correction may be assessed a civil penalty of not more
than $$5,000 \1\ for each day during which such failure or violation
continues.
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\1\ So in original.
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(c) Liability of corporate directors, officers, and agents
Whenever a corporate operator violates a mandatory health or safety
standard or knowingly violates or fails or refuses to comply with any
order issued under this chapter or any order incorporated in a final
decision issued under this chapter, except an order incorporated in a
decision issued under subsection (a) of this section or section 815(c)
of this title, any director, officer, or agent of such corporation who
knowingly authorized, ordered, or carried out such violation, failure,
or refusal shall be subject to the same civil penalties, fines, and
imprisonment that may be imposed upon a person under subsections (a) and
(d) of this section.
(d) Criminal penalties
Any operator who willfully violates a mandatory health or safety
standard, or knowingly violates or fails or refuses to comply with any
order issued under section 814 of this title and section 817 of this
title, or any order incorporated in a final decision issued under this
subchapter, except an order incorporated in a decision under subsection
(a) of this section or section 815(c) of this title, shall, upon
conviction, be punished by a fine of not more than $25,000, or by
imprisonment for not more than one year, or by both, except that if the
conviction is for a violation committed after the first conviction of
such operator under this chapter, punishment shall be by a fine of not
more than $50,000, or by imprisonment for not more than five years, or
both.
(e) Unauthorized advance notice of inspections
Unless otherwise authorized by this chapter, any person who gives
advance notice of any inspection to be conducted under this chapter
shall, upon conviction, be punished by a fine of not more than $1,000 or
by imprisonment for not more than six months, or both.
(f) False statements, representations, or certifications
Whoever knowingly makes any false statement, representation, or
certification in any application, record, report, plan, or other
document filed or required to be maintained pursuant to this chapter
shall, upon conviction, be punished by a fine of not more than $10,000,
or by imprisonment for not more than five years, or both.
(g) Violation by miners of safety standards relating to smoking
Any miner who willfully violates the mandatory safety standards
relating to smoking or the carrying of smoking materials, matches, or
lighters shall be subject to a civil penalty assessed by the Commission,
which penalty shall not be more than $250 for each occurrence of such
violation.
(h) Equipment falsely represented as complying with statute,
specification, or regulations
Whoever knowingly distributes, sells, offers for sale, introduces,
or delivers in commerce any equipment for use in a coal or other mine,
including, but not limited to, components and accessories of such
equipment, which is represented as complying with the provisions of this
chapter, or with any specification or regulation of the Secretary
applicable to such equipment, and which does not so comply, shall, upon
conviction, be subject to the same fine and imprisonment that may be
imposed upon a person under subsection (f) of this section.
(i) Authority to assess civil penalties
The Commission shall have authority to assess all civil penalties
provided in this chapter. In assessing civil monetary penalties, the
Commission shall consider the operator's history of previous violations,
the appropriateness of such penalty to the size of the business of the
operator charged, whether the operator was negligent, the effect on the
operator's ability to continue in business, the gravity of the
violation, and the demonstrated good faith of the person charged in
attempting to achieve rapid compliance after notification of a
violation. In proposing civil penalties under this chapter, the
Secretary may rely upon a summary review of the information available to
him and shall not be required to make findings of fact concerning the
above factors.
(j) Payment of penalties; interest
Civil penalties owed under this chapter shall be paid to the
Secretary for deposit into the Treasury of the United States and shall
accrue to the United States and may be recovered in a civil action in
the name of the United States brought in the United States district
court for the district where the violation occurred or where the
operator has its principal office. Interest at the rate of 8 percent per
annum shall be charged against a person on any final order of the
Commission, or the court. Interest shall begin to accrue 30 days after
the issuance of such order.
(k) Compromise, mitigation, and settlement of penalty
No proposed penalty which has been contested before the Commission
under section 815(a) of this title shall be compromised, mitigated, or
settled except with the approval of the Commission. No penalty
assessment which has become a final order of the Commission shall be
compromised, mitigated, or settled except with the approval of the
court.
(l) Inapplicability to black lung benefit provisions
The provisions of this section shall not be applicable with respect
to subchapter IV of this chapter.
(Pub. L. 91-173, title I, Sec. 110, Dec. 30, 1969, 83 Stat. 758; Pub. L.
95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1311; Pub. L. 101-
508, title III, Sec. 3102, Nov. 5, 1990, 104 Stat. 1388-29.)
Amendments
1990--Subsec. (a). Pub. L. 101-508, Sec. 3102(1), substituted
``$50,000'' for ``$10,000''.
Subsec. (b). Pub. L. 101-508, Sec. 3102(2), substituted ``$5,000''
for ``1,000''.
1977--Pub. L. 95-164 substituted provisions setting the civil and
criminal penalties with regard to violations of this chapter for
provisions relating to claims of idled miners, which provisions, as
revised, were transferred to section 821 of this title.
Effective Date of 1977 Amendment
Amendment by Pub. L. 95-164 effective 120 days after Nov. 9, 1977,
except as otherwise provided, see section 307 of Pub. L. 95-164, set out
as a note under section 801 of this title.
Section Referred to in Other Sections
This section is referred to in sections 815, 816, 817, 825 of this
title.
