TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER
Sec. 2282a. Civil monetary penalties for violation of Department of
Energy regulations
STATUTE:
(a) Persons subject to penalty
Any person who has entered into an agreement of indemnification
under section 2210(d) of this title (or any subcontractor or
supplier thereto) who violates (or whose employee violates) any
applicable rule, regulation or order related to nuclear safety
prescribed or issued by the Secretary of Energy pursuant to this
chapter (or expressly incorporated by reference by the Secretary
for purposes of nuclear safety, except any rule, regulation, or
order issued by the Secretary of Transportation) shall be subject
to a civil penalty of not to exceed $100,000 for each such
violation. If any violation under this subsection is a continuing
one, each day of such violation shall constitute a separate
violation for the purpose of computing the applicable civil
penalty.(b) Determination of amount
(1) The Secretary shall have the power to compromise, modify or
remit, with or without conditions, such civil penalties and to
prescribe regulations as he may deem necessary to implement this
section.(2) In determining the amount of any civil penalty under this
subsection, the Secretary shall take into account the nature,
circumstances, extent, and gravity of the violation or violations
and, with respect to the violator, ability to pay, effect on
ability to continue to do business, any history of prior such
violations, the degree of culpability, and such other matters as
justice may require. In implementing this section, the Secretary
shall determine by rule whether nonprofit educational institutions
should receive automatic remission of any penalty under this
section.(c) Assessment and payment
(1) Before issuing an order assessing a civil penalty against any
person under this section, the Secretary shall provide to such
person notice of the proposed penalty. Such notice shall inform
such person of his opportunity to elect in writing within thirty
days after the date of receipt of such notice to have the
procedures of paragraph (3) (in lieu of those of paragraph (2))
apply with respect to such assessment.(2)(A) Unless an election is made within thirty calendar days
after receipt of notice under paragraph (1) to have paragraph (3)
apply with respect to such penalty, the Secretary shall assess the
penalty, by order, after a determination of violation has been made
on the record after an opportunity for an agency hearing pursuant
to section 554 of title 5 before an administrative law judge
appointed under section 3105 of such title 5. Such assessment order
shall include the administrative law judge's findings and the basis
for such assessment.(B) Any person against whom a penalty is assessed under this
paragraph may, within sixty calendar days after the date of the
order of the Secretary assessing such penalty, institute an action
in the United States court of appeals for the appropriate judicial
circuit for judicial review of such order in accordance with
chapter 7 of title 5. The court shall have jurisdiction to enter a
judgment affirming, modifying, or setting aside in whole or in
part, the order of the Secretary, or the court may remand the
proceeding to the Secretary for such further action as the court
may direct.(3)(A) In the case of any civil penalty with respect to which the
procedures of this paragraph have been elected, the Secretary shall
promptly assess such penalty, by order, after the date of the
election under paragraph (1).(B) If the civil penalty has not been paid within sixty calendar
days after the assessment order has been made under subparagraph(A), the Secretary shall institute an action in the appropriate
district court of the United States for an order affirming the
assessment of the civil penalty. The court shall have authority to
review de novo the law and facts involved, and shall have
jurisdiction to enter a judgment enforcing, modifying, and
enforcing as so modified, or setting aside in whole or in part,
such assessment.(C) Any election to have this paragraph apply may not be revoked
except with consent of the Secretary.(4) If any person fails to pay an assessment of a civil penalty
after it has become a final and unappealable order under paragraph(2), or after the appropriate district court has entered final
judgment in favor of the Secretary under paragraph (3), the
Secretary shall institute an action to recover the amount of such
penalty in any appropriate district court of the United States. In
such action, the validity and appropriateness of such final
assessment order or judgment shall not be subject to review.(d) Excepted institutions
The provisions of this section shall not apply to:(1) The University of Chicago (and any subcontractors or
suppliers thereto) for activities associated with Argonne
National Laboratory;(2) The University of California (and any subcontractors or
suppliers thereto) for activities associated with Los Alamos
National Laboratory, Lawrence Livermore National Laboratory, and
Lawrence Berkeley National Laboratory;(3) American Telephone an (FOOTNOTE 1) Telegraph Company and
its subsidiaries (and any subcontractors or suppliers thereto)
for activities associated with Sandia National Laboratories;
(FOOTNOTE 1) So in original. Probably should be ''and''.(4) Universities Research Association, Inc. (and any
subcontractors or suppliers thereto) for activities associated
with FERMI National Laboratory;(5) Princeton University (and any subcontractors or suppliers
thereto) for activities associated with Princeton Plasma Physics
Laboratory;(6) The Associated Universities, Inc. (and any subcontractors
or suppliers thereto) for activities associated with the
Brookhaven National Laboratory; and(7) Battelle Memorial Institute (and any subcontractors or
suppliers thereto) for activities associated with Pacific
Northwest Laboratory.
Source: US HOUSE REP (1/2001)FIND ORIGINAL > CHECK ANNOTATIONS >