§ 5122. — Enforcement.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5122]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL
Sec. 5122. Enforcement
(a) General.--At the request of the Secretary of Transportation, the
Attorney General may bring a civil action in an appropriate district
court of the United States to enforce this chapter or a regulation
prescribed or order issued under this chapter. The court may award
appropriate relief, including punitive damages.
(b) Imminent Hazards.--(1) If the Secretary has reason to believe
that an imminent hazard exists, the Secretary may bring a civil action
in an appropriate district court of the United States--
(A) to suspend or restrict the transportation of the hazardous
material responsible for the hazard; or
(B) to eliminate or ameliorate the hazard.
(2) On request of the Secretary, the Attorney General shall bring an
action under paragraph (1) of this subsection.
(c) Withholding of Clearance.--(1) If any owner, operator, or
individual in charge of a vessel is liable for a civil penalty under
section 5123 of this title or for a fine under section 5124 of this
title, or if reasonable cause exists to believe that such owner,
operator, or individual in charge may be subject to such a civil penalty
or fine, the Secretary of the Treasury, upon the request of the
Secretary, shall with respect to such vessel refuse or revoke any
clearance required by section 4197 of the Revised Statutes of the United
States (46 App. U.S.C. 91).
(2) Clearance refused or revoked under this subsection may be
granted upon the filing of a bond or other surety satisfactory to the
Secretary.
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 780; Pub. L. 104-
324, title III, Sec. 312(a), Oct. 19, 1996, 110 Stat. 3920.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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5122(a)............................... 49 App.:1808(a) (last sentence Jan. 3, 1975, Pub. L. 93-633, Secs.
words after semicolon). 109(a) (last sentence words after
semicolon), 111(a), 88 Stat. 2159,
2161.
49 App.:1810(a).
5122(b)............................... 49 App.:1810(b). Jan. 3, 1975, Pub. L. 93-633, Sec.
111(b), 88 Stat. 2161; Nov. 16, 1990,
Pub. L. 101-615, Sec. 3(b), 104 Stat.
3247.
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In this section, the words ``bring a civil action'' are substituted
for ``bring an action in'' in 49 App.:1810 and ``petition . . . for an
order . . . for such other order'' for consistency in the revised title
and with other titles of the United States Code.
In subsection (a), the text of 49 App.:1808(a) (last sentence words
after semicolon) and the words ``for equitable relief'' in 49
App.:1810(a) are omitted as surplus. The words ``enforce this chapter''
are substituted for ``redress a violation by any person of a provision
of this chapter'' to eliminate unnecessary words. The words ``regulation
prescribed or order issued'' are substituted for ``order or regulation
issued'' for consistency in the revised title and with other titles of
the Code. The words ``The court may award appropriate relief,
including'' are substituted for ``Such district courts shall have
jurisdiction to determine such actions and may grant such relief as is
necessary or appropriate, including mandatory or prohibitive injunctive
relief, interim equitable relief, and'' to eliminate unnecessary words.
In subsection (b)(1), before clause (A), the words ``as is
necessary'' are omitted as surplus.
Amendments
1996--Subsec. (c). Pub. L. 104-324 added subsec. (c).
Section Referred to in Other Sections
This section is referred to in section 5711 of this title.
