§ 60122. Civil penalties
(a)
General Penalties.—
(1)
A person that the Secretary of Transportation decides, after written notice and an opportunity for a hearing, has violated section
60114
(b),
60114
(d), or
60118
(a) of this title or a regulation prescribed or order issued under this chapter is liable to the United States Government for a civil penalty of not more than $100,000 for each violation. A separate violation occurs for each day the violation continues. The maximum civil penalty under this paragraph for a related series of violations is $1,000,000.
(b)
Penalty Considerations.—
In determining the amount of a civil penalty under this section—
(1)
the Secretary shall consider—
(A)
the nature, circumstances, and gravity of the violation, including adverse impact on the environment;
(c)
Collection and Compromise.—
(d)
Setoff.—
The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the person liable for the penalty.
(e)
Deposit in Treasury.—
Amounts collected under this section shall be deposited in the Treasury as miscellaneous receipts.
(f)
Prohibition on Multiple Penalties for Same Act.—
Separate penalties for violating a regulation prescribed under this chapter and for violating an order under section
60112 or
60118
(b) of this title may not be imposed under this chapter if both violations are based on the same act.