Civil penalty

§ 5123. Civil penalty (a) Penalty.—(1) A person that knowingly violates this chapter or a regulation prescribed or order issued under this chapter is liable to the United States Government for a civil penalty of at least $250 but not more than $25,000 for each violation. A person acts knowingly when— (A) the person has actual knowledge of the facts giving rise to the violation; or (B) a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge. (2) A separate violation occurs for each day the violation, committed by a person that transports or causes to be transported hazardous material, continues. (b) Hearing Requirement.—The Secretary of Transportation may find that a person has violated this chapter or a regulation prescribed under this chapter only after notice and an opportunity for a hearing. The Secretary shall impose a penalty under this section by giving the person written notice of the amount of the penalty. (c) Penalty Considerations.—In determining the amount of a civil penalty under this section, the Secretary shall consider— (1) the nature, circumstances, extent, and gravity of the violation; 108 STAT. 781 (2) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue to do business; and (3) other matters that justice requires. (d) Civil Actions To Collect.—The Attorney General may bring a civil action in an appropriate district court of the United States to collect a civil penalty under this section. (e) Compromise.—The Secretary may compromise the amount of a civil penalty imposed under this section before referral to the Attorney General. (f) Setoff.—The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the person liable for the penalty. (g) Depositing Amounts Collected.—Amounts collected under this section shall be deposited in the Treasury as miscellaneous receipts.