Page:United States Statutes at Large Volume 88 Part 2.djvu/844

 2160

PUBLIC LAW 93-633-JAN. 3, 1975

[88 STAT.

(2) establish and maintain a central reporting system and data center so as to be able to provide the law-enforcement and firefighting personnel of communities, and other interested persons and government officers, with technical and other information and advice for meeting emergencies connected with the transportation of hazardous materials; and (3) conduct a continuing review of all aspects of the transportation of hazardous materials in order to determine and to be able to recommend appropriate steps to assure the safe transportation of hazardous materials. Presid°ent^°trans. (®) ANNUAL EEPORT.—The Sccrctarj shall prepare and submit to mittai to Conthc Presidcut for transmittal to the Congress on or before May 1 of g'^^ss. each year a comprehensive report on the transportation of hazardous Contents. matcHals during the preceding calendar year. Such report shall include, but need not be limited to— (1) a thorough statistical compilation of any accidents and casualties involving the transportation of hazardous materials; (2) a list and summary of applicable Federal regulations, criteria, orders, and exemptions in effect; (3) a summary of the basis for any exemptions granted or maintained; (4) an evaluation of the effectiveness of enforcement activities and the degree of voluntary compliance with applicable regulations; (5) a summary of outstanding problems confronting the administration of this title, in order of priority; and (6) such recommendations for additional legislation as are deemed necessary or appropriate. PENALTIES 49 USC 1809.

SEC. 110, (a) CIVIL.— (1) Any person (except an employee who acts without knowledge) who is determined by the Secretary, after notice and an opportunity for a hearing, to have knowingly committed an act which is a violation of a provision of this title or of a regulation issued under this title, shall be liable to the United States for a civil penalty. Whoever knowingly commits an act which is a violation of any regulation, applicable to any person who transports or causes to be transported or shipped hazardous materials, shall be subject to a civil penalty of not more than $10,000 for each violation, and if any such violation is a continuing one, each day of violation constitutes a separate offense. Whoever knowingly commits an act which is a violation of any regulation applicable to any person who manufactures, fabricates, marks, maintains, reconditions, repairs, or tests a package or container which is represented, marked, certified, or sold by such person for use in the transportation in commerce of hazardous materials shall be subject to a civil penalty of not more than $10,000 for each violation. The amount of any such penalty shall be assessed by the Secretary by written notice. I n determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the violation committed and, with respect to the person found to have committed such violation, the degree of culpability, any history of prior offenses, ability to pay, effect on ability to continue to do business, and such other matters as justice may require. (2) Such civil penalty may be recovered in an action brought by the Attorney General on behalf of the United States in the appropriate district court of the United States or, prior to referral to the Attorney General, such civil penalty may be compromised by the Secretary.

�