---
kind: "section"
citation: "30 U.S.C. § 1268"
title: "30"
title_heading: "Mineral Lands and Mining"
number: "1268"
heading: "Penalties"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/30/1268"
units:
  - "Chapter 25 — Surface Mining Control and Reclamation"
  - "Subchapter V — Control of the Environmental Impacts of Surface Coal Mining"
---

# §1268. Penalties

- (a) **Civil penalties for violations of permit conditions and provisions of this subchapter—** In the enforcement of a [Federal program](/usc/30/1291.md?p=6) or [Federal lands program](/usc/30/1291.md?p=5), or during Federal enforcement pursuant to [section 1252 of this title](/usc/30/1252.md) or during Federal enforcement of a [State program](/usc/30/1291.md?p=25) pursuant to [section 1271 of this title](/usc/30/1271.md), any [permittee](/usc/30/1291.md?p=18) who violates any [permit](/usc/30/1291.md?p=15) condition or who violates any other provision of this subchapter, may be assessed a civil penalty by the [Secretary](/usc/30/1291.md?p=23), except that if such violation leads to the issuance of a cessation order under [section 1271 of this title](/usc/30/1271.md), the civil penalty shall be assessed. Such penalty shall not exceed $5,000 for each violation. Each day of continuing violation may be deemed a separate violation for purposes of penalty assessments. In determining the amount of the penalty, consideration shall be given to the [permittee](/usc/30/1291.md?p=18)’s history of previous violations at the particular surface coal mining operation; the seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public; whether the [permittee](/usc/30/1291.md?p=18) was negligent; and the demonstrated good faith of the [permittee](/usc/30/1291.md?p=18) charged in attempting to achieve rapid compliance after notification of the violation.
- (b) **Hearing—** A civil penalty shall be assessed by the [Secretary](/usc/30/1291.md?p=23) only after the [person](/usc/30/1291.md?p=19) charged with a violation described under [subsection (a)](#a) of this section has been given an opportunity for a public hearing. Where such a public hearing has been held, the [Secretary](/usc/30/1291.md?p=23) shall make findings of fact, and he shall issue a written decision as to the occurrence of the violation and the amount of the penalty which is warranted, incorporating, when appropriate, an order therein requiring that the penalty be paid. When appropriate, the [Secretary](/usc/30/1291.md?p=23) shall consolidate such hearings with other proceedings under [section 1271 of this title](/usc/30/1271.md). Any hearing under this section shall be of record and shall be subject to [section 554 of title 5](/usc/5/554.md). Where the [person](/usc/30/1291.md?p=19) charged with such a violation fails to avail himself of the opportunity for a public hearing, a civil penalty shall be assessed by the [Secretary](/usc/30/1291.md?p=23) after the [Secretary](/usc/30/1291.md?p=23) has determined that a violation did occur, and the amount of the penalty which is warranted, and has issued an order requiring that the penalty be paid.
- (c) **Notice of violation; action required of violator; waiver of legal rights—** Upon the issuance of a notice or order charging that a violation of this chapter has occurred, the [Secretary](/usc/30/1291.md?p=23) shall inform the [operator](/usc/30/1291.md?p=13) within thirty days of the proposed amount of said penalty. The [person](/usc/30/1291.md?p=19) charged with the penalty shall then have thirty days to pay the proposed penalty in full or, if the [person](/usc/30/1291.md?p=19) wishes to contest either the amount of the penalty or the fact of the violation, forward the proposed amount to the [Secretary](/usc/30/1291.md?p=23) for placement in an escrow account. If through administrative or judicial review of the proposed penalty, it is determined that no violation occurred, or that the amount of the penalty should be reduced, the [Secretary](/usc/30/1291.md?p=23) shall within thirty days remit the appropriate amount to the [person](/usc/30/1291.md?p=19), with interest at the rate of 6 percent, or at the prevailing Department of the Treasury rate, whichever is greater. Failure to forward the money to the [Secretary](/usc/30/1291.md?p=23) within thirty days shall result in a waiver of all legal rights to contest the violation or the amount of the penalty.
- (d) **Civil action to recover civil penalties—** Civil penalties owed under this chapter, may be recovered in a civil action brought by the Attorney General at the request of the [Secretary](/usc/30/1291.md?p=23) in any appropriate district court of the United States.
- (e) **Willful violations—** Any [person](/usc/30/1291.md?p=19) who willfully and knowingly violates a condition of a [permit](/usc/30/1291.md?p=15) issued pursuant to a [Federal program](/usc/30/1291.md?p=6), a [Federal lands program](/usc/30/1291.md?p=5) or Federal enforcement pursuant to [section 1252 of this title](/usc/30/1252.md) or during Federal enforcement of a [State program](/usc/30/1291.md?p=25) pursuant to [section 1271 of this title](/usc/30/1271.md) or fails or refuses to comply with any order issued under [section 1271](/usc/30/1271.md) or [section 1276 of this title](/usc/30/1276.md), or any order incorporated in a final decision issued by the [Secretary](/usc/30/1291.md?p=23) under this chapter, except an order incorporated in a decision issued under [subsection (b)](#b) of this section or [section 1294 of this title](/usc/30/1294.md), shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than one year or both.
- (f) **Corporate violations—** Whenever a corporate [permittee](/usc/30/1291.md?p=18) violates a condition of a [permit](/usc/30/1291.md?p=15) issued pursuant to a [Federal program](/usc/30/1291.md?p=6), a [Federal lands program](/usc/30/1291.md?p=5) or Federal enforcement pursuant to [section 1252 of this title](/usc/30/1252.md) or Federal enforcement of a [State program](/usc/30/1291.md?p=25) pursuant to [section 1271 of this title](/usc/30/1271.md) or fails or refuses to comply with any order issued under [section 1271 of this title](/usc/30/1271.md), or any order incorporated in a final decision issued by the [Secretary](/usc/30/1291.md?p=23) under this chapter except an order incorporated in a decision issued under [subsection (b)](#b) of this section or [section 1293 of this title](/usc/30/1293.md), any director, officer, or agent of such corporation who willfully and knowingly authorized, ordered, or carried out such violation, failure, or refusal shall be subject to the same civil penalties, fines, and imprisonment that may be imposed upon a [person](/usc/30/1291.md?p=19) under subsections [(a)](#a) and [(e)](#e) of this section.
- (g) **False statements, representations, or certifications—** Whoever knowingly makes any false statement, representation, or certification, or knowingly fails to make any statement, representation, or certification in any application, record, report, plant, or other document filed or required to be maintained pursuant to a [Federal program](/usc/30/1291.md?p=6) or a [Federal lands program](/usc/30/1291.md?p=5) or any order of decision issued by the [Secretary](/usc/30/1291.md?p=23) under this chapter, shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than one year or both.
- (h) **Failure to correct violation—** Any [operator](/usc/30/1291.md?p=13) who fails to correct a violation for which a citation has been issued under [section 1271(a) of this title](/usc/30/1271.md?p=a) within the period permitted for its correction (which period shall not end until the entry of a final order by the [Secretary](/usc/30/1291.md?p=23), in the case of any review proceedings under [section 1275 of this title](/usc/30/1275.md) initiated by the [operator](/usc/30/1291.md?p=13) wherein the [Secretary](/usc/30/1291.md?p=23) orders, after an expedited hearing, the suspension of the abatement requirements of the citation after determining that the [operator](/usc/30/1291.md?p=13) will suffer irreparable loss or damage from the application of those requirements, or until the entry of an order of the court, in the case of any review proceedings under [section 1276 of this title](/usc/30/1276.md) initiated by the [operator](/usc/30/1291.md?p=13) wherein the court orders the suspension of the abatement requirements of the citation), shall be assessed a civil penalty of not less than $750 for each day during which such failure or violation continues.
- (i) **Effect on additional enforcement right or procedure available under State law—** As a condition of approval of any [State program](/usc/30/1291.md?p=25) submitted pursuant to [section 1253 of this title](/usc/30/1253.md), the civil and criminal penalty provisions thereof shall, at a minimum, incorporate penalties no less stringent than those set forth in this section, and shall contain the same or similar procedural requirements relating thereto. Nothing herein shall be construed so as to eliminate any additional enforcement right or procedures which are available under [State](/usc/30/1291.md?p=24) law to a [State regulatory authority](/usc/30/1291.md?p=26) but which are not specifically enumerated herein.

## Source credit

(Pub. L. 95–87, title V, § 518, Aug. 3, 1977, 91 Stat. 499.)