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United States Code (Last Updated: May 24, 2014) |
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Title 42. THE PUBLIC HEALTH AND WELFARE |
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Chapter 137. MANAGEMENT OF RECHARGEABLE BATTERIES AND BATTERIES CONTAINING MERCURY |
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SubChapter I. GENERALLY |
§ 14304. Enforcement
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(a) Civil penalty When on the basis of any information the Administrator determines that a person has violated, or is in violation of, any requirement of this chapter (except a requirement of section 14323 of this title) the Administrator— (1) in the case of any violation, may issue an order assessing a civil penalty of not more than $10,000 for each violation, or requiring compliance immediately or within a reasonable specified time period, or both; or (2) in the case of any violation or failure to comply with an order issued under this section, may commence a civil action in the United States district court in the district in which the violation occurred or in the district in which the violator resides for appropriate relief, including a temporary or permanent injunction. (b) Contents of order An order under subsection (a)(1) of this section shall state with reasonable specificity the nature of the violation.
(c) Considerations In assessing a civil penalty under subsection (a)(1) of this section, the Administrator shall take into account the seriousness of the violation and any good faith efforts to comply with applicable requirements.
(d) Finality of order; request for hearing An order under subsection (a)(1) of this section shall become final unless, not later than 30 days after the order is served, a person named in the order requests a hearing on the record.
(e) Hearing On receiving a request under subsection (d) of this section, the Administrator shall promptly conduct a hearing on the record.
(f) Subpoena power In connection with any hearing on the record under this section, the Administrator may issue subpoenas for the attendance and testimony of witnesses and for the production of relevant papers, books, and documents.
(g) Continued violation after expiration of period for compliance If a violator fails to take corrective action within the time specified in an order under subsection (a)(1) of this section, the Administrator may assess a civil penalty of not more than $10,000 for the continued noncompliance with the order.
(h) Savings provision The Administrator may not take any enforcement action against a person for selling, offering for sale, or offering for promotional purposes to the ultimate consumer a battery or product covered by this chapter that was— (1) purchased ready for sale to the ultimate consumer; and (2) sold, offered for sale, or offered for promotional purposes without modification. The preceding sentence shall not apply to a person— (A) who is the importer of a battery covered by this chapter, and (B) who has knowledge of the chemical contents of the battery when such chemical contents make the sale, offering for sale, or offering for promotional purposes of such battery unlawful under subchapter III of this chapter.