Page:United States Statutes at Large Volume 108 Part 2.djvu/609

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1325 or practice is not more stringent than a comparable minimum safety standard prescribed under this chapter. (d) ADDITIONAL REMEDIES. —A remedy under this section is in addition to any other remedies provided by law. This section does not restrict a right to relief that a person or a class of persons may have under another law or at common law. §60122. Civil penalties (a) GENERAL PENALTIES.— (1) A person that the Secretary of Transportation decides, after written notice and an opportunity for a hearing, has violated section 60114(c) or 60118(a) of this title or a relation prescribed or order issued under this chapter is liable to the United States Government for a civil penalty of not more than $25,000 for each violation. A separate violation occurs for each day the violation continues. The maximum civil penalty under this paragraph for a related series of violations is $500,000. (2) A person violating a standard or order under section 60103 or 60111 of this title is liable to the Government for a civil penalty of not more than $50,000 for each violation. A penalty under this paragraph may be imposed in addition to penalties imposed under paragraph (1) of this subsection. (b) PENALTY CONSIDERATIONS.— In determining the amount of a civil penalty under this section, the Secretary shall consider— (1) the nature, circumstances, and gravity of the violation; (2) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on ability to continue doing business; (3) good faith in attempting to comply; and • (4) other matters that justice requires. (c) COLLECTION AND COMPROMISE. —(1) The Secretary may request the Attorney General to bring a civil action in an appropriate district court of the United States to collect a civil penalty imposed under this section. (2) The Secretary may compromise the amount of a civilpenalty imposed under this section before referral to the Attorney General. \ (d) 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. (e) DEPOSIT IN TREASURY.—Amounts collected under this section shall be deposited in the Treasury as miscellaneous receipts. (f) PROHIBITION ON MULTIPLE PENALTIES FOR SAME ACT.— Separate penalties for violating a regulation prescribed under this chapter and for violating an order under section 60112 or 60118(b) of this title may not be imposed under this chapter if both violations are based on the same act. § 60123. Criminal penalties (a) GENERAL PENALTY.—^A person knowingly and willfully violating section 60114(c) or 60118(a) of this title or a regulation prescribed or order issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both. (b) PENALTY FOR DAMAGING OR DESTROYING FACILITY.—A person knowingly and willfully damaging or destroying, or attempting to damage or destroy, an interstate gas pipeline facility or interstate hazardous liquid pipeUne facility shall be fined under title 18, imprisoned for not more than 15 years, or both. 79-194 0—95—20: QL 3 Part 2

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