Page:United States Statutes at Large Volume 108 Part 2.djvu/65

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 781 t (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. § 5124. Criminal penalty A person knowingly violating section 5104(b) of this title or willfully violating this chapter 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. §5125. Preemption (a) GENERAL. —Except as provided in subsections (b), (c), and (e) of this section, a requirement of a State, political subdivision of a State, or Indian tribe is preempted if— (1) complying with a requirement of the State, political subdivision, or tribe and a requirement of this chapter or a regulation prescribed under this chapter is not possible; or (2) the requirement of the State, political subdivision, or tribe, as applied or enforced, is an obstacle to accomplishing and carrying out this chapter or a regulation prescribed under this chapter. (b) SUBSTANTIVE DIFFERENCES.— (1) Except as provided in subsection (c) of this section, a law, regulation, order, or other requirement of a State, political subdivision of a State, or Indian tribe about any of the following subjects, that is not substantively the same as a provision of this chapter or a regulation prescribed under this chapter, is preempted: (A) the designation, description, and classification of hazardous material. (B) the packing, repacking, handling, labeling, marking, and placarding of hazardous material. (C) the preparation, execution, and use of shipping documents related to hazardous material and requirements related to the number, contents, and placement of those documents. (D) the written notification, recording, and reporting of the unintentional release in transportation of hazardous material. (E) the design, manufacturing, fabricating, marking, maintenance, reconditioning, repairing, or testing of a package or container represented, marked, certified, or sold as qualified for use in transporting hazardous material. (2) If the Secretary of Transportation prescribes or has prescribed under section 5103(b), 5104, 5110, or 5112 of this title or prior comparable provision of law a regulation or standard related 79-194 O—95 —3:QL 3 Part 2

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