Page:United States Statutes at Large Volume 94 Part 2.djvu/953

 PUBLIC LAW 96-468—OCT. 17, 1980

94 STAT. 2231

such court shall have jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of the Secretary's order. Judicial review of any such order shall be upon the record upon which the determination and order are based. (c) The permit of any person to operate a facility to treat garbage in any State shall be automatically revoked, without action of the Secretary, upon the final effective date of the second conviction of such person pursuant to section 7 of this Act.

Second conviction.

CIVIL PENALTIES

SEC. 6. (a) Any person who the Secretary determines, after notice '^ USC 3805. and opportunity for a hearing on the record in accordance with sections 554 and 556 of title 5, United States Code, is violating or has violated any provision of this Act or any regulation of the Secretary issued hereunder, other than a violation for which a criminal penalty has been imposed under this Act, may be assessed a civil penalty by the Secretary of not more than $10,000 for each such violation. Each offense shall be a separate violation. The amount of such civil penalty shall be assessed by the Secretary by written order, taking into account the gravity of the violation, degree of culpability, and history of prior offenses; and may be reviewed only as provided in subsection 0)) of this section. (b) The determination and order of the Secretary with respect Judicial review. thereto imposing a civil penalty under this section shall be final and conclusive unless the person against whom such an order is issued files application for judicial review within sixty days after entry of such order in the appropriate United States court of appeals in accordance with the provisions of sections 2341, 2343 through 2350 of title 28, United States Code, and such court shall have jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of the Secretary's order. Judicial review of any such order shall be upon the record upon which the determination and order are based. (c) If any person fails to pay a civil penalty under a final order of the Collection Secretary, the Secretary shall refer the matter to the Attorney actions by Attorney General, who shall institute a civil action to recover the amount General. assessed in any appropriate district court of the United States. In such collection action, the validity and appropriateness of the Secretary's order imposing the civil penalty shall not be subject to review. (d) All penalties collected under authority of this section shall be paid into the Treasury of the United States. (e) The Secretary may, in his discretion, compromise, modify, or remit, with or without conditions, any civil penalty assessed under this Act. CRIMINAL PENALTIES

SEC. 7. (a) Whoever willfully violates any provision of this Act or 7 USC 3806. the regulations of the Secretary issued hereunder shall be guilty of a misdemeanor and shall be fined not more than $10,000, or imprisoned not more than one year, or both. Ob) Any person who fails to obey any order of the Secretary issued under the provisions of section 5, or such order as modified— (1) after the expiration of the time allowed for filing a petition in the court of appeals to review such order, if no such petition has been filed within such time; or (2) after the expiration of the time allowed for applying for a writ of certiorari, if such order, or such order as modified, has

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