Page:United States Statutes at Large Volume 120.djvu/3291

 120 STAT. 3260

PUBLIC LAW 109–435—DEC. 20, 2006

‘‘(d) HEARINGS.—The Postal Service may determine that a person has violated this section or a regulation prescribed under this section only after notice and an opportunity for a hearing. Proceedings under this section shall be conducted in accordance with section 3001(m). ‘‘(e) PENALTY CONSIDERATIONS.—In determining the amount of a civil penalty for a violation of this section, the Postal Service shall consider— ‘‘(1) the nature, circumstances, extent, and gravity of the violation; ‘‘(2) with respect to the person who committed the violation, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue in business; ‘‘(3) the impact on Postal Service operations; and ‘‘(4) any other matters that justice requires. ‘‘(f) CIVIL ACTIONS TO COLLECT.— ‘‘(1) IN GENERAL.—In accordance with section 409(d), a civil action may be commenced in an appropriate district court of the United States to collect a civil penalty, clean-up costs, and damages assessed under subsection (c). ‘‘(2) COMPROMISE.—The Postal Service may compromise the amount of a civil penalty, clean-up costs, and damages assessed under subsection (c) before commencing a civil action with respect to such civil penalty, clean-up costs, and damages under paragraph (1). ‘‘(g) CIVIL JUDICIAL PENALTIES.— ‘‘(1) IN GENERAL.—At the request of the Postal Service, the Attorney General may bring a civil action in an appropriate district court of the United States to enforce this section or a regulation prescribed under this section. ‘‘(2) RELIEF.—The court in a civil action under paragraph (1) may award appropriate relief, including a temporary or permanent injunction, civil penalties as determined in accordance with this section, or punitive damages. ‘‘(3) CONSTRUCTION.—A civil action under this subsection shall be in lieu of civil penalties for the same violation under subsection (c)(1)(A). ‘‘(h) DEPOSIT OF AMOUNTS COLLECTED.— ‘‘(1) POSTAL SERVICE FUND.—Except as provided under paragraph (2), amounts collected under subsection (c)(1)(B) and (C) shall be deposited into the Postal Service Fund under section 2003. ‘‘(2) TREASURY.—Amounts collected under subsection (c)(1)(A) and any punitive damages collected under subsection (c)(1)(C) shall be deposited into the Treasury of the United States.’’. (c) CONFORMING AMENDMENTS.—(1) Section 2003(b) of title 39, United States Code, is amended— (A) in paragraph (7), by striking ‘‘and’’ after the semicolon; (B) in paragraph (8), by striking ‘‘purposes.’’ and inserting ‘‘purposes; and’’; and (C) by adding at the end the following: ‘‘(9) any amounts collected under section 3018.’’. (2) The analysis for chapter 30 of title 39, United States Code, is amended by adding at the end the following: ‘‘3018. Hazardous material.’’.

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