[Laws in effect as of January 16, 1996]
[Document not affected by Public Laws enacted between
January 16, 1996 and August 28, 1996]
[CITE: 42USC4910]
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 65-- NOISE CONTROL
Sec. 4910. Enforcement
(a) Criminal penalties
(1) Any person who willfully or knowingly violates paragraph (1),
(3), (5), or (6) of subsection (a) of section 4909 of this title 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.
(2) Any person who violates paragraph (1), (3), (5), or (6) of
subsection (a) of section 4909 of this title shall be subject to a civil
penalty not to exceed $10,000 per day of such violation.
(b) Separate violations
For the purpose of this section, each day of violation of any
paragraph of section 4909(a) of this title shall constitute a separate
violation of that section.
(c) Actions to restrain violations
The district courts of the United States shall have jurisdiction of
actions brought by and in the name of the United States to restrain any
violations of section 4909(a) of this title.
(d) Orders issued to protect public health and welfare; notice;
opportunity for hearing
(1) Whenever any person is in violation of section 4909(a) of this
title, 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.
(e) ``Person'' defined
The term ``person,'' as used in this section, does not include a
department, agency, or instrumentality of the United States.
(Pub. L. 92-574, Sec. 11, Oct. 27, 1972, 86 Stat. 1242; Pub. L. 95-609,
Sec. 4, Nov. 8, 1978, 92 Stat. 3081.)
Amendments
1978--Subsec. (a). Pub. L. 95-609 redesignated existing provisions
as par. (1) and added par. (2).
Section Referred to in Other Sections
This section is referred to in sections 4902, 4909, 4916, 4917 of
this title.