Page:United States Statutes at Large Volume 110 Part 2.djvu/539

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PUBLIC LAW 104-142 —MAY 13, 1996 110 STAT. 1331 information to the public concerning the proper handling and disposal of used regulated batteries and rechargeable consumer products with nonremovable batteries. SEC. 5. ENFORCEMENT. 42 USC 14304. (a) CIVIL PENALTY.— When on the basis of any information the Administrator determines that a person has violated, or is in violation of, any requirement of this Act (except a requirement of section 104) the Administrator— (1) in the case of any violation, may issue an order assessing a civil penalty of not more than $10,000 for each violation, or requiring compliance immediately or within a reasonable specified time period, or both; or (2) in the case of any violation or failure to comply with an order issued under this section, may commence a civil action in the United States district court in the district in which the violation occurred or in the district in which the violator resides for appropriate relief, including a temporary or permanent injunction. (b) CONTENTS OF ORDER.— An order under subsection (a)(1) shall state with reasonable specificity the nature of the violation. (c) CONSIDERATIONS.— In assessing a civil penalty under subsection (a)(1), the Administrator shall take into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. (d) FINALITY OF ORDER; REQUEST FOR HEARING. —An order under subsection (a)(1) shall become final unless, not later than 30 days after the order is served, a person named in the order requests a hearing on the record. (e) HEARING. —On receiving a request under subsection (d), the Administrator shall promptly conduct a hearing on the record. if) SUBPOENA POWER,—In connection with any hearing on the record under this section, the Administrator may issue subpoenas for the attendance and testimony of witnesses and for the production of relevant papers, books, and documents. (g) CONTINUED VIOIJ^TION AFTER EXPIRATION OF PERIOD FOR COMPLIANCE.— I f a violator fails to take corrective action within the time specified in an order under subsection (a)(1), the Administrator may assess a civil penalty of not more than $10,000 for the continued noncompliiince with the order. (h) SAVINGS PROVISION.— The Administrator may not take any enforcement action against a person for selling, offering for sale, or offering for promotional purposes to the ultimate consumer a battery or product covered by this Act that was— (1) purchased ready for sale to the ultimate consumer; and (2) sold, offered for sale, or offered for promotional purposes without modification. The preceding sentence shall not apply to a person— (A) who is the importer of a battery covered by this Act, and (B) who has knowledge of the chemical contents of the battery when such chemical contents make the sale, offering for sale, or offering for promotional purposes of such battery unlawful under title II of this Act.