Sec. 5123. is amended—

455 words·~2 min read·/statute-compilations/comps-10008/sec-5123

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 5123 is amended— ####

(1)in subsection (a)— #####

(A)in paragraph (1)— ######

(i)by striking “at least $250 but”; and ######

(ii)by striking “$50,000” and inserting “$75,000”; #####

(B)in paragraph (2), by striking “$100,000” and inserting “$175,000”; and #####

(C)by amending paragraph

(3)to read as follows: > > #### “(3) > > If the violation is related to training, a person described in paragraph

(1)shall be liable for a civil penalty of at least $450.” > ; and ####

(2)by adding at the end the following: > > ### “(h) Penalty for Obstruction of Inspections and Investigations > > > #### “(1) > > The Secretary may impose a penalty on a person who obstructs or prevents the Secretary from carrying out inspections or investigations under subsection

(c)or

(i)of section 5121. > > > #### “(2) > > For the purposes of this subsection, the term ‘obstructs’ means actions that were known, or reasonably should have been known, to prevent, hinder, or impede an investigation. > > > ### “(i) Prohibition on Hazardous Material Operations After Nonpayment of Penalties > > > #### “(1) In general > > Except as provided under paragraph (2), a person subject to the jurisdiction of the Secretary under this chapter who fails to pay a civil penalty assessed under this chapter, or fails to arrange and abide by an acceptable payment plan for such civil penalty, may not conduct any activity regulated under this chapter beginning on the 91st day after the date specified by order of the Secretary for payment of such penalty unless the person has filed a formal administrative or judicial appeal of the penalty. > > > #### “(2) Exception > > Paragraph

(1)shall not apply to any person who is unable to pay a civil penalty because such person is a debtor in a case under chapter 11 of title 11. > > > #### “(3) Rulemaking > > Not later than 2 years after the date of enactment of this subsection, the Secretary, after providing notice and an opportunity for public comment, shall issue regulations that— > > > ##### “(A) > > set forth procedures to require a person who is delinquent in paying civil penalties to cease any activity regulated under this chapter until payment has been made or an acceptable payment plan has been arranged; and > > > ##### “(B) > > ensures that the person described in subparagraph (A)— > > > ###### “(i) > > is notified in writing; and > > > ###### “(ii) > > is given an opportunity to respond before the person is required to cease the activity.” > .