§150gg. Violations

(a) Criminal penalties

Any person who-

(1) knowingly violates section 150bb of this title or any regulation promulgated under this chapter;

(2) knowingly forges or counterfeits any permit or other document provided for by this chapter or by any such regulation; or

(3) knowingly and without the authority of the Secretary, uses, alters, or defaces any such permit or document;

shall be guilty of a misdemeanor and shall be punished by a fine not exceeding $5,000, by imprisonment not exceeding one year, or both.

(b) Civil penalty

Any person who-

(1) violates section 150bb of this title or any regulation promulgated under this chapter;

(2) forges or counterfeits any permit or other document provided for by this chapter or by any such regulation; or

(3) without the authority of the Secretary, uses, alters, or defaces any such permit or document;

may be assessed a civil penalty by the Secretary not exceeding $1,000. The Secretary may issue an order assessing such civil penalty only after notice and an opportunity for an agency hearing on the record. Such order shall be treated as a final order reviewable under chapter 158 of title 28. The validity of such order may not be reviewed in an action to collect such civil penalty.

( Pub. L. 85–36, title I, §108, May 23, 1957, 71 Stat. 34 ; Pub. L. 97–461, §1(b), Jan. 12, 1983, 96 Stat. 2523 .)

References in Text

In the original, "this chapter" was "this Act". See note set out under section 150aa of this title.

Amendments

1983-Pub. L. 97–461 designated existing provisions as subsec. (a), divided existing provisions among pars. (1) through (3), substituted "$5,000" for "$500", and added subsec. (b).