Page:United States Statutes at Large Volume 108 Part 2.djvu/64

 108 STAT. 780 PUBLIC LAW 103-272—JULY 5, 1994 (2) Paragraph (1) of this subsection does not prevent the Secretary from making a contract with a private entity for use of a supplemental reporting system and information center operated and maintained by the contractor. (e) ANNUAL REPORT. — The Secretary shall submit to the President, for submission to Congress, not later than June 15th of each year, a report about the transportation of hazardous material during the prior calendar year. The report shall include— (1) a statistical compilation of accidents and casualties related to the transportation of hazardous material; (2) a list and summary of applicable Government regulations, criteria, orders, and exemptions; (3) a summary of the basis for each exemption; (4) an evaluation of the effectiveness of enforcement activities and the degree of voluntary compliance with regulations; (5) a summary of outstanding problems in carrying out this chapter in order of priority; and (6) recommendations for appropriate legislation. §5122. Enforcement (a) GENERAL.— At the request of the Secretary of Transportation, the Attorney General may bring Vcivil action in an appropriate district court of the United States to enforce this chapter or a regulation prescribed or order issued under this chapter. The court may award appropriate relief, including punitive damages. (b) IMMINENT HAZARDS. —(1) If the Secretary has reason to believe that an imminent hazard exists, the Secretary may bring a civil action in an appropriate district court of the United States— (A) to suspend or restrict the transportation of the hazardous material responsible for the hazard; or (B) to eliminate or ameliorate the hazard. (2) On request of the Secretary, the Attorney General shall bring an action under paragraph (1) of this subsection. §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;

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