View all text of Subchapter I [§ 811 - § 826]
§ 820. Penalties
(a) Civil penalty for violation of mandatory health or safety standards
(1) The operator of a coal or other mine in which a violation occurs of a mandatory health or safety standard or who violates any other provision of this chapter, shall be assessed a civil penalty by the Secretary which penalty shall not be more than $50,000 for each such violation. Each occurrence of a violation of a mandatory health or safety standard may constitute a separate offense.
(2) The operator of a coal or other mine who fails to provide timely notification to the Secretary as required under section 813(j) of this title (relating to the 15 minute requirement) shall be assessed a civil penalty by the Secretary of not less than $5,000 and not more than $60,000.
(3)
(A) The minimum penalty for any citation or order issued under section 814(d)(1) of this title shall be $2,000.
(B) The minimum penalty for any order issued under section 814(d)(2) of this title shall be $4,000.
(4) Nothing in this subsection shall be construed to prevent an operator from obtaining a review, in accordance with section 816 of this title, of an order imposing a penalty described in this subsection. If a court, in making such review, sustains the order, the court shall apply at least the minimum penalties required under this subsection.
(b) Civil penalty for failure to correct violation for which citation has been issued
(1) Any operator who fails to correct a violation for which a citation has been issued under section 814(a) of this title within the period permitted for its correction may be assessed a civil penalty of not more than $$5,000 1
1 So in original.
for each day during which such failure or violation continues.(2) Violations under this section that are deemed to be flagrant may be assessed a civil penalty of not more than $220,000. For purposes of the preceding sentence, the term “flagrant” with respect to a violation means a reckless or repeated failure to make reasonable efforts to eliminate a known violation of a mandatory health or safety standard that substantially and proximately caused, or reasonably could have been expected to cause, death or serious bodily injury.
(c) Liability of corporate directors, officers, and agents
(d) Criminal penalties
(e) Unauthorized advance notice of inspections
(f) False statements, representations, or certifications
(g) Violation by miners of safety standards relating to smoking
(h) Equipment falsely represented as complying with statute, specification, or regulations
(i) Authority to assess civil penalties
(j) Payment of penalties; interest
(k) Compromise, mitigation, and settlement of penalty
(l) Inapplicability to black lung benefit provisions
(Pub. L. 91–173, title I, § 110, Dec. 30, 1969, 83 Stat. 758; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91 Stat. 1311; Pub. L. 101–508, title III, § 3102, Nov. 5, 1990, 104 Stat. 1388–29; Pub. L. 109–236, § 5(b), § 8(a), June 15, 2006, 120 Stat. 498, 500; Pub. L. 109–280, title XIII, § 1301, Aug. 17, 2006, 120 Stat. 1108.)