(a) Penalty. - (1) A person that knowingly violates this chapter or a regulation prescribed or order issued under this chapter is liable to the United States Government for a civil penalty of at least $250 but not more than $25,000 for each violation. A person acts knowingly when - (A) the person has actual knowledge of the facts giving rise to the violation; or (B) a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge. (2) A separate violation occurs for each day the violation, committed by a person that transports or causes to be transported hazardous material, continues. (b) Hearing Requirement. - The Secretary of Transportation may find that a person has violated this chapter or a regulation prescribed under this chapter only after notice and an opportunity for a hearing.

The Secretary shall impose a penalty under this section by giving the person written notice of the amount of the penalty. (c) Penalty Considerations. - In determining the amount of a civil penalty under this section, the Secretary shall consider - (1) the nature, circumstances, extent, and gravity of the violation; (2) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue to do business; and (3) other matters that justice requires. (d) Civil Actions To Collect. - The Attorney General may bring a civil action in an appropriate district court of the United States to collect a civil penalty under this section. (e) Compromise. - The Secretary may compromise the amount of a civil penalty imposed under this section before referral to the Attorney General. (f) Setoff. - The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the person liable for the penalty. (g) Depositing Amounts Collected. - Amounts collected under this section shall be deposited in the Treasury as miscellaneous receipts.