Civil Penalties Tables
Part 209 (current as of July 31, 2019) Civil Penalty Assessment Guidelines Emergency orders Guideline amount1 Penalties for violations of EO16 vary depending on the EO16 Varies. circumstances Penalties for violations of EO17 vary depending on the EO17 Varies. circumstances Failure to file annual report 5,000 Penalties for violations of EO23 vary depending on the EO23 Varies. circumstances 1Any person who violates an emergency order issued under the authority of 49 U.S.C. Ch. 201 is subject to a civil penalty of at least $892 and not more than $29,192 per violation, except that where a grossly negligent violation or a pattern of repeated violations has created an imminent hazard of death or injury to persons, or has caused a death or injury, a penalty not to exceed $116,766 per violation may be assessed. Each day that the violation continues is a separate offense. 49 U.S.C. 21301; 28 U.S.C. 2461, note. 49 CFR section Description Guideline amount1 PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES Failure to register or to renew registration. (Note: 107.608 1,500 registration—or renewal—is mitigation.) 107.620(d) Failure to show records on proper request 2,000 Deliberate attempt to hide records-considerable aggravation Varies. possible PART 171—GENERAL REGULATIONS General duty sections—may be cited in support of another, 171.2(a), (b), (c), (e), (f) more specific citation to the actual regulatory section violated Offering or accepting a hazardous material (hazmat or HM) 171.2(d) 1,500 without being registered Representing (marking, certifying, selling, or offering) a 171.2(g) packaging as meeting regulatory specification when it does 8,000 not Certifying that a hazardous material is offered for transportation in commerce in accordance with the regulations (packaged, marked, labeled, etc.) when it is not.
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