---
kind: "section"
citation: "42 U.S.C. § 4910"
title: "42"
title_heading: "The Public Health and Welfare"
number: "4910"
heading: "Enforcement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/4910"
units:
  - "Chapter 65 — Noise Control"
---

# §4910. Enforcement

- (a) **Criminal penalties—**
  - (1) Any [person](/usc/42/4902.md?p=2) who willfully or knowingly violates paragraph [(1)](#a-1), (3), (5), or (6) of subsection (a) of [section 4909 of this title](/usc/42/4909.md) shall be punished by a fine of not more than $25,000 per day of [violation](/usc/42/2000e–16a.md?p=c), or by imprisonment for not more than one year, or by both. If the conviction is for a [violation](/usc/42/2000e–16a.md?p=c) committed after a first conviction of such [person](/usc/42/4902.md?p=2) under this subsection, punishment shall be by a fine of not more than $50,000 per day of [violation](/usc/42/2000e–16a.md?p=c), or by imprisonment for not more than two years, or by both.
  - (2) Any [person](/usc/42/4902.md?p=2) who violates paragraph [(1)](#a-1), (3), (5), or (6) of subsection (a) of [section 4909 of this title](/usc/42/4909.md) shall be subject to a civil penalty not to exceed $10,000 per day of such [violation](/usc/42/2000e–16a.md?p=c).
- (b) **Separate violations—** For the purpose of this section, each day of [violation](/usc/42/2000e–16a.md?p=c) of any paragraph of [section 4909(a) of this title](/usc/42/4909.md?p=a) shall constitute a separate [violation](/usc/42/2000e–16a.md?p=c) of that section.
- (c) **Actions to restrain violations—** The district courts of the United States shall have jurisdiction of actions brought by and in the name of the United States to restrain any [violations](/usc/42/2000e–16a.md?p=c) of [section 4909(a) of this title](/usc/42/4909.md?p=a).
- (d) **Orders issued to protect public health and welfare; notice; opportunity for hearing—**
  - (1) Whenever any [person](/usc/42/4902.md?p=2) is in [violation](/usc/42/2000e–16a.md?p=c) of [section 4909(a) of this title](/usc/42/4909.md?p=a), the [Administrator](/usc/42/4902.md?p=1) may issue an order specifying such relief as he determines is necessary to protect the public health and welfare.
  - (2) Any order under this subsection shall be issued only after notice and opportunity for a hearing in accordance with [section 554 of title 5](/usc/5/554.md).
- (e) **“Person” defined—** The term “[person](/usc/42/4902.md?p=2),” as used in this section, does not include a department, [agency](/usc/42/8262.md?p=1), or instrumentality of the United States.

## Source credit

(Pub. L. 92–574, § 11, Oct. 27, 1972, 86 Stat. 1242; Pub. L. 95–609, § 4, Nov. 8, 1978, 92 Stat. 3081.)

## Notes

### Editorial Notes

### Amendments

1978—Subsec. (a). Pub. L. 95–609 redesignated existing provisions as par. (1) and added par. (2).