§ 2409. — 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: 33USC2409]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 37--ORGANOTIN ANTIFOULING PAINT CONTROL
Sec. 2409. Penalties
(a) Civil penalties
(1) Any person violating section 2403 or 2404 of this title shall be
assessed a civil penalty of not more than $5,000 for each offense.
(2) After notice and an opportunity for a hearing, a person found by
the Administrator to have violated section 2403 or 2404 of this title is
liable to the United States Government for the civil penalty assessed
under subsection (a) of this section. The amount of the civil penalty
shall be assessed by the Administrator by written notice. In determining
the amount of the penalty, the Administrator shall consider the nature,
circumstances, extent, and gravity of the prohibited acts committed and,
with respect to the violator, the degree of culpability, any history of
prior offenses, ability to pay, and other matters that justice requires.
(3) The Administrator may compromise, modify, or remit, with or
without consideration, a civil penalty assessed under this section until
the assessment is referred to the Attorney General.
(4) If a person fails to pay an assessment of a civil penalty after
it has become final, the Administrator may refer the matter to the
Attorney General for collection in the appropriate United States
district court.
(b) Criminal penalties
Any person knowingly violating section 2403 or 2404 of this title
shall be fined not more than $25,000, or imprisoned for not more than
one year, or both.
(Pub. L. 100-333, Sec. 10, June 16, 1988, 102 Stat. 608.)
