§ 4910. Enforcement

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.

1. 1972

   Noise Control Act of 1972

   Pub. L. 92–574 § 11 · 86 Stat. 1234

   Enacted · 42 U.S.C. § 4910

   Pub. L. 92–574, § 11, Oct. 27, 1972, 86 Stat. 1242

   Source evidence

   Code source credit
   Pub. L. 92–574, § 11, Oct. 27, 1972, 86 Stat. 1242

   Enacted provision · exact public law section
   Sec. 11. enforcement (a) Any person who willfully or knowingly violates paragraph (1), (3), (5), or (6) of subsection (a) of section 10 of this Act shall be punished by a fine of not more than $25,000 per day of violation, or by imprisonment for not more than one year, or by both. If the conviction is for a violation committed after a first conviction of such person under this subsection, punishment shall be by a fine of not more than $50.000 per day of violation, or by imprisonment for not more than two years, or by both. (b) For the purpose of this section, each day of violation of any paragraph of section 10(a) shall constitute a separate violation of that section. (c) The district courts of the United States shall have jurisdiction Jurisdiction. of actions brought by and in the name of the United States to restrain any violations of section 10(a) of this Act. (d) 1 Whenever any person is in violation of section 10(a) of this Act, the Administrator may issue an order specifying such relief as he determines is necessary to protect the public health and welfare. (2) Any order under this subsection shall be issued only after notice and opportunity for a hearing in accordance with section 554 of title 5 of the United States Code. 80 Stat. 384. (e) The term “person,” as used in this section, does not include a “Person.” department, agency, or instrumentality of the United States.

2. 1978

   Pub. L. 95–609 § 4 · 92 Stat. 3079

   1. Redesignated · 42 U.S.C. § 4910(a)

      Pub. L. 95–609 redesignated existing provisions as par. (1)

   2. Added · 42 U.S.C. § 4910(a)

      Pub. L. 95–609 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 95–609 redesignated existing provisions as par. (1) and added par. (2).

   Enacted provision · exact public law section
   Sec. 4. Section 11(a) of the Noise Control Act of 1972 is amended 42 USC 4910. by inserting “(1)” after “(a)” and by adding the following new paragraph: “(2) Any person who violates paragraph (1), (3), (5), or (6) of Penalty. subsection (a) of section 10 of this Act shall be subject to a civil penalty not to exceed $10,000 per day of such violation”.

3 of 3 references resolved to an enrolled provision