---
kind: "section"
citation: "42 U.S.C. § 11045"
title: "42"
title_heading: "The Public Health and Welfare"
number: "11045"
heading: "Enforcement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/11045"
units:
  - "Chapter 116 — Emergency Planning and Community Right-To-Know"
  - "Subchapter III — General Provisions"
---

# §11045. Enforcement

- (a) **Civil penalties for emergency planning—** The [Administrator](/usc/42/11049.md?p=1) may order a [facility](/usc/42/11049.md?p=4) [owner](/usc/42/13641.md?p=4) or operator (except an [owner](/usc/42/13641.md?p=4) or operator of a [facility](/usc/42/11049.md?p=4) designated under [section 11002(b)(2) of this title](/usc/42/11002.md?p=b-2)) to comply with [section 11002(c) of this title](/usc/42/11002.md?p=c) and [section 11003(d) of this title](/usc/42/11003.md?p=d). The United States district court for the district in which the [facility](/usc/42/11049.md?p=4) is located shall have jurisdiction to enforce the order, and any [person](/usc/42/11049.md?p=7) who violates or fails to obey such an order shall be liable to the United States for a civil penalty of not more than $25,000 for each day in which such [violation](/usc/42/2000e–16a.md?p=c) occurs or such failure to comply continues.
- (b) **Civil, administrative, and criminal penalties for emergency notification—**
  - (1) **Class I administrative penalty—**
    - (A) A civil penalty of not more than $25,000 per [violation](/usc/42/2000e–16a.md?p=c) may be assessed by the [Administrator](/usc/42/11049.md?p=1) in the case of a [violation](/usc/42/2000e–16a.md?p=c) of the requirements of [section 11004 of this title](/usc/42/11004.md).
    - (B) No civil penalty may be assessed under this subsection unless the [person](/usc/42/11049.md?p=7) accused of the [violation](/usc/42/2000e–16a.md?p=c) is given notice and opportunity for a hearing with respect to the [violation](/usc/42/2000e–16a.md?p=c).
    - (C) In determining the amount of any penalty assessed pursuant to this subsection, the [Administrator](/usc/42/11049.md?p=1) shall take into account the nature, circumstances, extent and gravity of the [violation](/usc/42/2000e–16a.md?p=c) or [violations](/usc/42/2000e–16a.md?p=c) and, with respect to the violator, ability to pay, any prior history of such [violations](/usc/42/2000e–16a.md?p=c), the degree of culpability, economic benefit or savings (if any) resulting from the [violation](/usc/42/2000e–16a.md?p=c), and such other matters as justice may require.
  - (2) **Class II administrative penalty—** A civil penalty of not more than $25,000 per day for each day during which the [violation](/usc/42/2000e–16a.md?p=c) continues may be assessed by the [Administrator](/usc/42/11049.md?p=1) in the case of a [violation](/usc/42/2000e–16a.md?p=c) of the requirements of [section 11004 of this title](/usc/42/11004.md). In the case of a second or subsequent [violation](/usc/42/2000e–16a.md?p=c) the amount of such penalty may be not more than $75,000 for each day during which the [violation](/usc/42/2000e–16a.md?p=c) continues. Any civil penalty under this subsection shall be assessed and collected in the same manner, and subject to the same provisions, as in the case of civil penalties assessed and collected under [section 2615 of title 15](/usc/15/2615.md). In any proceeding for the assessment of a civil penalty under this subsection the [Administrator](/usc/42/11049.md?p=1) may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents and may promulgate rules for discovery procedures.
  - (3) **Judicial assessment—** The [Administrator](/usc/42/11049.md?p=1) may bring an action in the United States District[^1] court for the appropriate district to assess and collect a penalty of not more than $25,000 per day for each day during which the [violation](/usc/42/2000e–16a.md?p=c) continues in the case of a [violation](/usc/42/2000e–16a.md?p=c) of the requirements of [section 11004 of this title](/usc/42/11004.md). In the case of a second or subsequent [violation](/usc/42/2000e–16a.md?p=c), the amount of such penalty may be not more than $75,000 for each day during which the [violation](/usc/42/2000e–16a.md?p=c) continues.
  - (4) **Criminal penalties—** Any [person](/usc/42/11049.md?p=7) who knowingly and willfully fails to provide notice in accordance with [section 11004 of this title](/usc/42/11004.md) shall, upon conviction, be fined not more than $25,000 or imprisoned for not more than two years, or both (or in the case of a second or subsequent conviction, shall be fined not more than $50,000 or imprisoned for not more than five years, or both).
- (c) **Civil and administrative penalties for reporting requirements—**
  - (1) Any [person](/usc/42/11049.md?p=7) (other than a governmental entity) who violates any requirement of section [11022](/usc/42/11022.md) or [11023](/usc/42/11023.md) of this title shall be liable to the United States for a civil penalty in an amount not to exceed $25,000 for each such [violation](/usc/42/2000e–16a.md?p=c).
  - (2) Any [person](/usc/42/11049.md?p=7) (other than a governmental entity) who violates any requirement of section [11021](/usc/42/11021.md) or [11043(b)](/usc/42/11043.md?p=b) of this title, and any [person](/usc/42/11049.md?p=7) who fails to furnish to the [Administrator](/usc/42/11049.md?p=1) information required under [section 11042(a)(2) of this title](/usc/42/11042.md?p=a-2) shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such [violation](/usc/42/2000e–16a.md?p=c).
  - (3) Each day a [violation](/usc/42/2000e–16a.md?p=c) described in paragraph [(1)](#c-1) or [(2)](#c-2) continues shall, for purposes of this subsection, constitute a separate [violation](/usc/42/2000e–16a.md?p=c).
  - (4) The [Administrator](/usc/42/11049.md?p=1) may assess any civil penalty for which a [person](/usc/42/11049.md?p=7) is liable under this subsection by administrative order or may bring an action to assess and collect the penalty in the United States district court for the district in which the [person](/usc/42/11049.md?p=7) from whom the penalty is sought resides or in which such [person](/usc/42/11049.md?p=7)’s principal place of business is located.
- (d) **Civil, administrative, and criminal penalties with respect to trade secrets—**
  - (1) **Civil and administrative penalty for frivolous claims—** If the [Administrator](/usc/42/11049.md?p=1) determines—
    - (A)
      - (i) under [section 11042(d)(4) of this title](/usc/42/11042.md?p=d-4) that an explanation submitted by a trade secret claimant presents insufficient assertions to support a finding that a specific chemical identity is a trade secret, or (ii) after receiving supplemental supporting detailed information under [section 11042(d)(3)(A) of this title](/usc/42/11042.md?p=d-3-A), that the specific chemical identity is not a trade secret; and
    - (B) that the trade secret claim is frivolous,

    the trade secret claimant is liable for a penalty of $25,000 per claim. The [Administrator](/usc/42/11049.md?p=1) may assess the penalty by administrative order or may bring an action in the appropriate district court of the United States to assess and collect the penalty.

  - (2) **Criminal penalty for disclosure of trade secret information—** Any [person](/usc/42/11049.md?p=7) who knowingly and willfully divulges or discloses any information entitled to protection under [section 11042 of this title](/usc/42/11042.md) shall, upon conviction, be subject to a fine of not more than $20,000 or to imprisonment not to exceed one year, or both.
- (e) **Special enforcement provisions for section 11043—** Whenever any [facility](/usc/42/11049.md?p=4) [owner](/usc/42/13641.md?p=4) or operator required to provide information under [section 11043 of this title](/usc/42/11043.md) to a health professional who has requested such information fails or refuses to provide such information in accordance with such section, such health professional may bring an action in the appropriate United States district court to require such [facility](/usc/42/11049.md?p=4) [owner](/usc/42/13641.md?p=4) or operator to provide the information. Such court shall have jurisdiction to issue such orders and take such other action as may be necessary to enforce the requirements of [section 11043 of this title](/usc/42/11043.md).
- (f) **Procedures for administrative penalties—**
  - (1) Any [person](/usc/42/11049.md?p=7) against whom a civil penalty is assessed under this section may obtain review thereof in the appropriate district court of the United States by filing a notice of appeal in such court within 30 days after the date of such order and by simultaneously sending a copy of such notice by certified mail to the [Administrator](/usc/42/11049.md?p=1). The [Administrator](/usc/42/11049.md?p=1) shall promptly file in such court a certified copy of the record upon which such [violation](/usc/42/2000e–16a.md?p=c) was found or such penalty imposed. If any [person](/usc/42/11049.md?p=7) fails to pay an assessment of a civil penalty after it has become a final and unappealable order or after the appropriate court has entered final judgment in favor of the United States, the [Administrator](/usc/42/11049.md?p=1) may request the Attorney General of the United States to institute a civil action in an appropriate district court of the United States to collect the penalty, and such court shall have jurisdiction to hear and decide any such action. In hearing such action, the court shall have authority to review the [violation](/usc/42/2000e–16a.md?p=c) and the assessment of the civil penalty on the record.
  - (2) The [Administrator](/usc/42/11049.md?p=1) may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, or documents in connection with hearings under this section. In case of contumacy or refusal to obey a subpoena issued pursuant to this paragraph and served upon any [person](/usc/42/11049.md?p=7), the district court of the United States for any district in which such [person](/usc/42/11049.md?p=7) is found, resides, or transacts business, upon application by the United States and after notice to such [person](/usc/42/11049.md?p=7), shall have jurisdiction to issue an order requiring such [person](/usc/42/11049.md?p=7) to appear and give testimony before the administrative law judge or to appear and produce documents before the administrative law judge, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof.

## Footnotes

[^1]: So in original. Probably should not be capitalized.

## Source credit

(Pub. L. 99–499, title III, § 325, Oct. 17, 1986, 100 Stat. 1753.)