Title 33 — Navigation and Navigable Waters
Chapter 39 — Shore Protection from Municipal or Commercial Waste
§ 2608. Civil penalty procedures
Statutory text
General procedures
After notice and an opportunity for a hearing, a person found by the Secretary of Transportation to have violated this chapter or a regulation prescribed under this chapter for which a civil penalty is provided, is liable to the United States Government for the civil penalty provided. The amount of the civil penalty shall be assessed by the Secretary by written notice. In determining the amount of the penalty, the Secretary 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.
Compromising penalties
The Secretary may compromise, modify, or remit, with or without consideration, a civil penalty under this chapter until the assessment is referred to the Attorney General.
Referral to Attorney General
If a person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General for collection in an appropriate district court of the United States.
Refund of penalty
The Secretary may refund or remit a civil penalty collected under this chapter if—
application has been made for refund or remission of the penalty within one year from the date of payment; and
the Secretary finds that the penalty was unlawfully, improperly, or excessively imposed.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Shore Protection Act of 1988
Pub. L. 100–688 title IV § 4108 · 102 Stat. 4139
Enacted · 33 U.S.C. § 2608
(Pub. L. 100–688, title IV, § 4108, Nov. 18, 1988, 102 Stat. 4158.)
Source evidence
Code source credit
(Pub. L. 100–688, title IV, § 4108, Nov. 18, 1988, 102 Stat. 4158.)Enacted provision · exact public law section
SEC. 4108. CIVIL PENALTY PROCEDURES. (a) General Procedures.— After notice and an opportunity for a hearing, a person found by the Secretary of Transportation to have violated this title or a regulation prescribed under this title for which a civil penalty is provided, is liable to the United States Government for the civil penalty provided. The amount of the civil penalty shall be assessed by the Secretary by written notice. In determining the amount of the penalty, the Secretary 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. (b) Compromising Penalties.— The Secretary may compromise, modify, or remit, with or without consideration, a civil penalty under this title until the assessment is referred to the Attorney General. (c) Referral to the Attorney General.— If a person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General for collection in an appropriate district court of the United States. (d) Refund of Penalty.— The Secretary may refund or remit a civil penalty collected under this title if— (1) application has been made for refund or remission of the penalty within one year from the date of payment; and (2) the Secretary finds that the penalty was unlawfully, improperly, or excessively imposed.
1 of 1 references resolved to an enrolled provision