168 



(d) Facilities and duties. 

 The Secretary shall — 



(1) establish and maintain facilities and tech- 

 nical staff sufficient to provide, within the Federal 

 government, the capability of evaluating risks con- 

 nected with the transportation of hazardous ma- 

 terials and materials alleged to be hazardous: 



(2) establish and maintain a central reporting 

 system and data center so as to be able to provide 

 the law-enforcement and iirefighting peisorinel of 

 communities, and other interested persohs and 

 government officers, with technical and other in- 

 formation and advice for meeting emergencies 

 connected with the transportation of hazardous 

 materials; and 



1 3) conduct p. 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. 



(e) Annual report. 



The Secretary shall prepare and submit to the 

 President for transmittal to the Congress on or be- 

 fore May 1 of each year a comprehensive report on 

 the tran-sportation and hazardous materials during 

 the preceding calendar year. Such report shall in- 

 clude, but need not be limited to — 



'1) a thorough statistical compilation of any 

 accidents and casualties involving the transporta- 

 tion 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 en- 

 forcement activities and the degree of voluntary 

 compliance with applicable regulations: 



(5) a summary of outstanding problems con- 

 fronting the administration of this chapter, in 

 order of priority: and 



(6) such recommendations for additional legis- 

 lation as are deemed necessary or appropriate. 



(Pub. L. 93-633, title I, § 109, Jan. 3, 1975, 88 Stat. 

 2159.) 



References in Te\t 

 "This chapter", referred to In sub.scca. (a), (b), and 

 (e) (5), read "this title" In the original, meaning title 1 of 

 Pub. L. 93-633. the Hazardous Materials Transportation 

 Act. For classification of title I of Pub, L. 93-633 in the 

 Code, see Short Title note under section 1801 of this 

 title. 



ErPECTivE Date; Continuance of Prior Provisions; Two 

 Year Limitation After Jan. 3, 1975, for Arrangements, 

 Including Licenses, etc., to Comply With Pub. L. 93- 

 633; Pending Proceedings Unaffected 

 Section effective .Jan. 3, 1975, except as otherwise pro- 

 vided, see section 114 of Pub. L. 93-633, set out as a note 

 under section 1801 of this title. 



§ 1809. Penaltiea, 

 (a) Civil. 



(1) Any person (except an employee who acts 

 without knowledge) who is determined by the Secre- 

 tary, after notice and an opportunity for a hearing, 

 to have knowingly committed an act which is a viola- 



tion of a provision of this title or of a regulation 

 issued under this chapter, shall be liable to the 

 United States for a civil penalty. Whoever knowingly 

 commits an act which is a violation of any regula- 

 tion, applicable to any person who transports or 

 causes to be transported or shipped hazardous ma- 

 terials, .shall be subject to a civil penalty of not more 

 than SIO.OOO for each violation, and if any such vio- 

 lation is a continuing one, each day of violation con- 

 stitutes a separate olfense. Whoever knowingly com- 

 mits an act which is a violation of any regulation ap- 

 plicable to any person who manufactui'es, 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 trans- 

 portation in commerce of hazardous materials shall 

 be sub.iect to a civil penalty of not more than $10,000 

 for each violation. Tlic amount of any such penalty 

 shall be a.ssessed by the Secretary by written notice. 

 In determining the amount of such penalty, the Sec- 

 retary shall take into account the nature, circum- 

 stances, extent, and gravity of the violation com- 

 mitted and. with respect to the person found to liave 

 committed such violation, the degree of culpability, 

 any history of prior offenses, ability to pay, effect on 

 ability to continue to do busine.ss. and such other 

 matters as justice may require. 



(2) Such civil penalty may be recovered in an ac- 

 tion brouglit 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 com- 

 promised by the Secretary. The amount of Siich 

 penalty, when finally determined (or agreed upon in 

 compromise) , may be deducted from any sums 

 owed by the United States to the person charged. 

 All penalties collected under this subsection shall be 

 deposited in the Treasury of the United States as 

 miscellaneous receipts. 



(b) Criminal. 



A person is guilty of an offen.se if he willfully 

 violates a provision of this chapter or a regulation 

 Issued under this chaiblcr. Upon conviction, such 

 person shall be subject, for each offense, to a fine 

 of not more than ,$25,000, imprisonment for a term 

 not to exceed 5 years, or both. (Pub. L. 93-633. title 

 I. § 110, Jan. 3. 1975, 88 Stat. 2160.) 



Refe-rences in Text 

 "This chapter', referred to In subsecs. (a)(1) and 

 (b), read "this title" in the original, meaning title I of 

 Pub. L. 93 -633, the Hazardou.s Materials Transportation 

 Act. For classification of title I of Pub. L. 93-633 In the 

 Code, see Short Title note under section 180l of this 

 title. 



Effective Date; Conttnxtance or Prior Provisions; Two 

 Year Limitation After Jan. 3, 1975, for Arrangements, 

 Including Licenses, etc., to Comply With Pub. L. 93- 

 633; Pending Proceedings Unaffected 

 Section effective Jan. 3, 1975, except as otherwi.se pro- 

 vided, see section 114 of Pub. L. 93-633. set out as a note 

 under .section 1801 of this title. 



§ 1810. Specific relief, 

 (a) General. 



The Attorney General, at the request of the Sec- 



