- United States Code
- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
- CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
- SUBCHAPTER III - STANDARDS AND ENFORCEMENT
Sec. 1321. Oil and hazardous substance liability
- (a)
Definitions
For the purpose of this section, the term -
- (1)
''oil'' means oil of any kind or in any form, including,
but not limited to, petroleum, fuel oil, sludge, oil refuse, and
oil mixed with wastes other than dredged spoil;
- (2)
''discharge'' includes, but is not limited to, any
spilling, leaking, pumping, pouring, emitting, emptying or
dumping, but excludes (A) discharges in compliance with a permit
under section 1342 of this title, (B) discharges resulting from
circumstances identified and reviewed and made a part of the
public record with respect to a permit issued or modified under
section 1342 of this title, and subject to a condition in such
permit, and (C) continuous or anticipated intermittent discharges
from a point source, identified in a permit or permit application
under section 1342 of this title, which are caused by events
occurring within the scope of relevant operating or treatment
systems;
- (3)
''vessel'' means every description of watercraft or other
artificial contrivance used, or capable of being used, as a means
of transportation on water other than a public vessel;
- (4)
''public vessel'' means a vessel owned or
bareboat-chartered and operated by the United States, or by a
State or political subdivision thereof, or by a foreign nation,
except when such vessel is engaged in commerce;
- (5)
''United States'' means the States, the District of
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands, Guam, American Samoa, the Virgin
Islands, and the Trust Territory of the Pacific Islands;
- (6)
''owner or operator'' means (A) in the case of a vessel,
any person owning, operating, or chartering by demise, such
vessel, and (B) in the case of an onshore facility, and an
offshore facility, any person owning or operating such onshore
facility or offshore facility, and (C) in the case of any
abandoned offshore facility, the person who owned or operated
such facility immediately prior to such abandonment;
- (7)
''person'' includes an individual, firm, corporation,
association, and a partnership.
- (8)
''remove'' or ''removal'' refers to containment and removal
of the oil or hazardous substances from the water and shorelines
or the taking of such other actions as may be necessary to
minimize or mitigate damage to the public health or welfare,
including, but not limited to, fish, shellfish, wildlife, and
public and private property, shorelines, and beaches;
- (9)
''contiguous zone'' means the entire zone established or to
be established by the United States under article 24 of the
Convention on the Territorial Sea and the Contiguous Zone;
- (10)
''onshore facility'' means any facility (including, but
not limited to, motor vehicles and rolling stock) of any kind
located in, on, or under, any land within the United States other
than submerged land;
- (11)
''offshore facility'' means any facility of any kind
located in, on, or under, any of the navigable waters of the
United States, and any facility of any kind which is subject to
the jurisdiction of the United States and is located in, on, or
under any other waters, other than a vessel or a public vessel;
- (12)
''act of God'' means an act occasioned by an unanticipated
grave natural disaster;
- (13)
''barrel'' means 42 United States gallons at 60 degrees
Fahrenheit;
- (14)
''hazardous substance'' means any substance designated
pursuant to subsection (b)(2) of this section;
- (15)
''inland oil barge'' means a non-self-propelled vessel
carrying oil in bulk as cargo and certificated to operate only in
the inland waters of the United States, while operating in such
waters;
- (16)
''inland waters of the United States'' means those waters
of the United States lying inside the baseline from which the
territorial sea is measured and those waters outside such
baseline which are a part of the Gulf Intracoastal Waterway;
- (17)
''otherwise subject to the jurisdiction of the United
States'' means subject to the jurisdiction of the United States
by virtue of United States citizenship, United States vessel
documentation or numbering, or as provided for by international
agreement to which the United States is a party;
- (18)
''Area Committee'' means an Area Committee established
under subsection (j) of this section;
- (19)
''Area Contingency Plan'' means an Area Contingency Plan
prepared under subsection (j) of this section;
- (20)
''Coast Guard District Response Group'' means a Coast
Guard District Response Group established under subsection (j) of
this section;
- (21)
''Federal On-Scene Coordinator'' means a Federal On-Scene
Coordinator designated in the National Contingency Plan;
- (22)
''National Contingency Plan'' means the National
Contingency Plan prepared and published under subsection (d) of
this section;
- (23)
''National Response Unit'' means the National Response
Unit established under subsection (j) of this section; and
- (24)
''worst case discharge'' means -
- (A)
in the case of a vessel, a discharge in adverse weather
conditions of its entire cargo; and
- (B)
in the case of an offshore facility or onshore facility,
the largest foreseeable discharge in adverse weather
conditions.
- (b)
Congressional declaration of policy against discharges of oil
or hazardous substances; designation of hazardous substances;
study of higher standard of care incentives and report to
Congress; liability; penalties; civil actions: penalty
limitations, separate offenses, jurisdiction, mitigation of
damages and costs, recovery of removal costs, alternative
remedies, and withholding clearance of vessels
- (1)
The Congress hereby declares that it is the policy of the
United States that there should be no discharges of oil or
hazardous substances into or upon the navigable waters of the
United States, adjoining shorelines, or into or upon the waters of
the contiguous zone, or in connection with activities under the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) or the
Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.), or which may
affect natural resources belonging to, appertaining to, or under
the exclusive management authority of the United States (including
resources under the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.)).
- (2)
- (A)
The Administrator shall develop, promulgate, and revise as
may be appropriate, regulations designating as hazardous
substances, other than oil as defined in this section, such
elements and compounds which, when discharged in any quantity into
or upon the navigable waters of the United States or adjoining
shorelines or the waters of the contiguous zone or in connection
with activities under the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.) or the Deepwater Port Act of 1974 (33 U.S.C.
1501 et seq.), or which may affect natural resources belonging to,
appertaining to, or under the exclusive management authority of the
United States (including resources under the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.)),
present an imminent and substantial danger to the public health or
welfare, including, but not limited to, fish, shellfish, wildlife,
shorelines, and beaches.
- (B)
The Administrator shall within 18 months after the date of
enactment of this paragraph, conduct a study and report to the
Congress on methods, mechanisms, and procedures to create
incentives to achieve a higher standard of care in all aspects of
the management and movement of hazardous substances on the part of
owners, operators, or persons in charge of onshore facilities,
offshore facilities, or vessels. The Administrator shall include
in such study (1) limits of liability, (2) liability for third
party damages, (3) penalties and fees, (4) spill prevention plans,
- (5)
current practices in the insurance and banking industries, and
- (6)
whether the penalty enacted in subclause (bb) of clause (iii)
of subparagraph (B) of subsection (b)(2) of section 311 of Public
Law 92-500 should be enacted.
- (3)
The discharge of oil or hazardous substances (i) into or upon
the navigable waters of the United States, adjoining shorelines, or
into or upon the waters of the contiguous zone, or (ii) in
connection with activities under the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.) or the Deepwater Port Act of 1974 (33
U.S.C. 1501 et seq.), or which may affect natural resources
belonging to, appertaining to, or under the exclusive management
authority of the United States (including resources under the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.)), in such quantities as may be harmful as determined
by the President under paragraph (4) of this subsection, is
prohibited, except (A) in the case of such discharges into the
waters of the contiguous zone or which may affect natural resources
belonging to, appertaining to, or under the exclusive management
authority of the United States (including resources under the
Magnuson-Stevens Fishery Conservation and Management Act), where
permitted under the Protocol of 1978 Relating to the International
Convention for the Prevention of Pollution from Ships, 1973, and
- (B)
where permitted in quantities and at times and locations or
under such circumstances or conditions as the President may, by
regulation, determine not to be harmful. Any regulations issued
under this subsection shall be consistent with maritime safety and
with marine and navigation laws and regulations and applicable
water quality standards.
- (4)
The President shall by regulation, determine for the purposes
of this section those quantities of oil and any hazardous
substances the discharge of which may be harmful to the public
health or welfare or the environment of the United States,
including but not limited to fish, shellfish, wildlife, and public
and private property, shorelines, and beaches.
- (5)
Any person in charge of a vessel or of an onshore facility or
an offshore facility shall, as soon as he has knowledge of any
discharge of oil or a hazardous substance from such vessel or
facility in violation of paragraph (3) of this subsection,
immediately notify the appropriate agency of the United States
Government of such discharge. The Federal agency shall immediately
notify the appropriate State agency of any State which is, or may
reasonably be expected to be, affected by the discharge of oil or a
hazardous substance. Any such person (A) in charge of a vessel
from which oil or a hazardous substance is discharged in violation
of paragraph (3)(i) of this subsection, or (B) in charge of a
vessel from which oil or a hazardous substance is discharged in
violation of paragraph (3)(ii) of this subsection and who is
otherwise subject to the jurisdiction of the United States at the
time of the discharge, or (C) in charge of an onshore facility or
an offshore facility, who fails to notify immediately such agency
of such discharge shall, upon conviction, be fined in accordance
with title 18, or imprisoned for not more than 5 years, or both.
Notification received pursuant to this paragraph shall not be used
against any such natural person in any criminal case, except a
prosecution for perjury or for giving a false statement.
- (6)
Administrative penalties. -
- (A)
Violations. - Any owner, operator, or person in charge of
any vessel, onshore facility, or offshore facility -
- (i)
from which oil or a hazardous substance is discharged in
violation of paragraph (3), or
- (ii)
who fails or refuses to comply with any regulation
issued under subsection (j) of this section to which that
owner, operator, or person in charge is subject,
may be assessed a class I or class II civil penalty by the
Secretary of the department in which the Coast Guard is operating
or the Administrator.
- (B)
Classes of penalties. -
- (i)
Class i. - The amount of a class I civil penalty under
subparagraph (A) may not exceed $10,000 per violation, except
that the maximum amount of any class I civil penalty under this
subparagraph shall not exceed $25,000. Before assessing a civil
penalty under this clause, the Administrator or Secretary, as
the case may be, shall give to the person to be assessed such
penalty written notice of the Administrator's or Secretary's
proposal to assess the penalty and the opportunity to request,
within 30 days of the date the notice is received by such
person, a hearing on the proposed penalty. Such hearing shall
not be subject to section 554 or 556 of title 5, but shall
provide a reasonable opportunity to be heard and to present
evidence.
- (ii)
Class ii. - The amount of a class II civil penalty under
subparagraph (A) may not exceed $10,000 per day for each day
during which the violation continues; except that the maximum
amount of any class II civil penalty under this subparagraph
shall not exceed $125,000. Except as otherwise provided in this
subsection, a class II civil penalty 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 after notice and opportunity for a hearing on the
record in accordance with section 554 of title 5. The
Administrator and Secretary may issue rules for discovery
procedures for hearings under this paragraph.
- (C)
Rights of interested persons. -
- (i)
Public notice. - Before issuing an order assessing a
class II civil penalty under this paragraph the Administrator
or Secretary, as the case may be, shall provide public notice
of and reasonable opportunity to comment on the proposed
issuance of such order.
- (ii)
Presentation of evidence. - Any person who comments on a
proposed assessment of a class II civil penalty under this
paragraph shall be given notice of any hearing held under this
paragraph and of the order assessing such penalty. In any
hearing held under this paragraph, such person shall have a
reasonable opportunity to be heard and to present evidence.
- (iii)
Rights of interested persons to a hearing. - If no
hearing is held under subparagraph (B) before issuance of an
order assessing a class II civil penalty under this paragraph,
any person who commented on the proposed assessment may
petition, within 30 days after the issuance of such order, the
Administrator or Secretary, as the case may be, to set aside
such order and to provide a hearing on the penalty. If the
evidence presented by the petitioner in support of the petition
is material and was not considered in the issuance of the
order, the Administrator or Secretary shall immediately set
aside such order and provide a hearing in accordance with
subparagraph (B)(ii). If the Administrator or Secretary denies
a hearing under this clause, the Administrator or Secretary
shall provide to the petitioner, and publish in the Federal
Register, notice of and the reasons for such denial.
- (D)
Finality of order. - An order assessing a class II civil
penalty under this paragraph shall become final 30 days after its
issuance unless a petition for judicial review is filed under
subparagraph (G) or a hearing is requested under subparagraph
(C)(iii). If such a hearing is denied, such order shall become
final 30 days after such denial.
- (E)
Effect of order. - Action taken by the Administrator or
Secretary, as the case may be, under this paragraph shall not
affect or limit the Administrator's or Secretary's authority to
enforce any provision of this chapter; except that any violation
-
- (i)
with respect to which the Administrator or Secretary has
commenced and is diligently prosecuting an action to assess a
class II civil penalty under this paragraph, or
- (ii)
for which the Administrator or Secretary has issued a
final order assessing a class II civil penalty not subject to
further judicial review and the violator has paid a penalty
assessed under this paragraph,
shall not be the subject of a civil penalty action under section
1319(d), 1319(g), or 1365 of this title or under paragraph (7).
- (F)
Effect of action on compliance. - No action by the
Administrator or Secretary under this paragraph shall affect any
person's obligation to comply with any section of this chapter.
- (G)
Judicial review. - Any person against whom a civil penalty
is assessed under this paragraph or who commented on the proposed
assessment of such penalty in accordance with subparagraph (C)
may obtain review of such assessment -
- (i)
in the case of assessment of a class I civil penalty, in
the United States District Court for the District of Columbia
or in the district in which the violation is alleged to have
occurred, or
- (ii)
in the case of assessment of a class II civil penalty,
in United States Court of Appeals for the District of Columbia
Circuit or for any other circuit in which such person resides
or transacts business,
by filing a notice of appeal in such court within the 30-day
period beginning on the date the civil penalty order is issued
and by simultaneously sending a copy of such notice by certified
mail to the Administrator or Secretary, as the case may be, and
the Attorney General. The Administrator or Secretary shall
promptly file in such court a certified copy of the record on
which the order was issued. Such court shall not set aside or
remand such order unless there is not substantial evidence in the
record, taken as a whole, to support the finding of a violation
or unless the Administrator's or Secretary's assessment of the
penalty constitutes an abuse of discretion and shall not impose
additional civil penalties for the same violation unless the
Administrator's or Secretary's assessment of the penalty
constitutes an abuse of discretion.
- (H)
Collection. - If any person fails to pay an assessment of a
civil penalty -
- (i)
after the assessment has become final, or
- (ii)
after a court in an action brought under subparagraph
(G) has entered a final judgment in favor of the Administrator
or Secretary, as the case may be,
the Administrator or Secretary shall request the Attorney General
to bring a civil action in an appropriate district court to
recover the amount assessed (plus interest at currently
prevailing rates from the date of the final order or the date of
the final judgment, as the case may be). In such an action, the
validity, amount, and appropriateness of such penalty shall not
be subject to review. Any person who fails to pay on a timely
basis the amount of an assessment of a civil penalty as described
in the first sentence of this subparagraph shall be required to
pay, in addition to such amount and interest, attorneys fees and
costs for collection proceedings and a quarterly nonpayment
penalty for each quarter during which such failure to pay
persists. Such nonpayment penalty shall be in an amount equal to
20 percent of the aggregate amount of such person's penalties and
nonpayment penalties which are unpaid as of the beginning of such
quarter.
- (I)
Subpoenas. - The Administrator or Secretary, as the case
may be, 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 paragraph. In
case of contumacy or refusal to obey a subpoena issued pursuant
to this subparagraph and served upon any person, the district
court of the United States for any district in which such person
is found, resides, or transacts business, upon application by the
United States and after notice to such person, shall have
jurisdiction to issue an order requiring such person 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.
- (7)
Civil penalty action. -
- (A)
Discharge, generally. - Any person who is the owner,
operator, or person in charge of any vessel, onshore facility, or
offshore facility from which oil or a hazardous substance is
discharged in violation of paragraph (3), shall be subject to a
civil penalty in an amount up to $25,000 per day of violation or
an amount up to $1,000 per barrel of oil or unit of reportable
quantity of hazardous substances discharged.
- (B)
Failure to remove or comply. - Any person described in
subparagraph (A) who, without sufficient cause -
- (i)
fails to properly carry out removal of the discharge
under an order of the President pursuant to subsection (c) of
this section; or
- (ii)
fails to comply with an order pursuant to subsection
(e)(1)(B) of this section;
shall be subject to a civil penalty in an amount up to $25,000
per day of violation or an amount up to 3 times the costs
incurred by the Oil Spill Liability Trust Fund as a result of
such failure.
- (C)
Failure to comply with regulation. - Any person who fails
or refuses to comply with any regulation issued under subsection
(j) of this section shall be subject to a civil penalty in an
amount up to $25,000 per day of violation.
- (D)
Gross negligence. - In any case in which a violation of
paragraph (3) was the result of gross negligence or willful
misconduct of a person described in subparagraph (A), the person
shall be subject to a civil penalty of not less than $100,000,
and not more than $3,000 per barrel of oil or unit of reportable
quantity of hazardous substance discharged.
- (E)
Jurisdiction. - An action to impose a civil penalty under
this paragraph may be brought in the district court of the United
States for the district in which the defendant is located,
resides, or is doing business, and such court shall have
jurisdiction to assess such penalty.
- (F)
Limitation. - A person is not liable for a civil penalty
under this paragraph for a discharge if the person has been
assessed a civil penalty under paragraph (6) for the discharge.
- (8)
Determination of amount. - In determining the amount of a
civil penalty under paragraphs (6) and (7), the Administrator,
Secretary, or the court, as the case may be, shall consider the
seriousness of the violation or violations, the economic benefit to
the violator, if any, resulting from the violation, the degree of
culpability involved, any other penalty for the same incident, any
history of prior violations, the nature, extent, and degree of
success of any efforts of the violator to minimize or mitigate the
effects of the discharge, the economic impact of the penalty on the
violator, and any other matters as justice may require.
- (9)
Mitigation of damage. - In addition to establishing a penalty
for the discharge of oil or a hazardous substance, the
Administrator or the Secretary of the department in which the Coast
Guard is operating may act to mitigate the damage to the public
health or welfare caused by such discharge. The cost of such
mitigation shall be deemed a cost incurred under subsection (c) of
this section for the removal of such substance by the United States
Government.
- (10)
Recovery of removal costs. - Any costs of removal incurred
in connection with a discharge excluded by subsection (a)(2)(C) of
this section shall be recoverable from the owner or operator of the
source of the discharge in an action brought under section 1319(b)
of this title.
- (11)
Limitation. - Civil penalties shall not be assessed under
both this section and section 1319 of this title for the same
discharge.
- (12)
Withholding clearance. - If any owner, operator, or person
in charge of a vessel is liable for a civil penalty under this
subsection, or if reasonable cause exists to believe that the
owner, operator, or person in charge may be subject to a civil
penalty under this subsection, the Secretary of the Treasury, upon
the request of the Secretary of the department in which the Coast
Guard is operating or the Administrator, shall with respect to such
vessel refuse or revoke -
- (A)
the clearance required by section 91 of title 46, Appendix;
- (B)
a permit to proceed under section 313 [1] of title
46, Appendix; and
[1] See References in Text note below.
- (C)
a permit to depart required under section 1443 [1]
of title 19;
as applicable. Clearance or a permit refused or revoked under this
paragraph may be granted upon the filing of a bond or other surety
satisfactory to the Secretary of the department in which the Coast
Guard is operating or the Administrator.
- (c)
Federal removal authority
- (1)
General removal requirement
- (A)
The President shall, in accordance with the National
Contingency Plan and any appropriate Area Contingency Plan,
ensure effective and immediate removal of a discharge, and
mitigation or prevention of a substantial threat of a discharge,
of oil or a hazardous substance -
- (i)
into or on the navigable waters;
- (ii)
on the adjoining shorelines to the navigable waters;
- (iii)
into or on the waters of the exclusive economic zone;
or
- (iv)
that may affect natural resources belonging to,
appertaining to, or under the exclusive management authority of
the United States.
- (B)
In carrying out this paragraph, the President may -
- (i)
remove or arrange for the removal of a discharge, and
mitigate or prevent a substantial threat of a discharge, at any
time;
- (ii)
direct or monitor all Federal, State, and private
actions to remove a discharge; and
- (iii)
remove and, if necessary, destroy a vessel discharging,
or threatening to discharge, by whatever means are available.
- (2)
Discharge posing substantial threat to public health or
welfare
- (A)
If a discharge, or a substantial threat of a discharge, of
oil or a hazardous substance from a vessel, offshore facility, or
onshore facility is of such a size or character as to be a
substantial threat to the public health or welfare of the United
States (including but not limited to fish, shellfish, wildlife,
other natural resources, and the public and private beaches and
shorelines of the United States), the President shall direct all
Federal, State, and private actions to remove the discharge or to
mitigate or prevent the threat of the discharge.
- (B)
In carrying out this paragraph, the President may, without
regard to any other provision of law governing contracting
procedures or employment of personnel by the Federal Government -
- (i)
remove or arrange for the removal of the discharge, or
mitigate or prevent the substantial threat of the discharge;
and
- (ii)
remove and, if necessary, destroy a vessel discharging,
or threatening to discharge, by whatever means are available.
- (3)
Actions in accordance with National Contingency Plan
- (A)
Each Federal agency, State, owner or operator, or other
person participating in efforts under this subsection shall act
in accordance with the National Contingency Plan or as directed
by the President.
- (B)
An owner or operator participating in efforts under this
subsection shall act in accordance with the National Contingency
Plan and the applicable response plan required under subsection
(j) of this section, or as directed by the President, except that
the owner or operator may deviate from the applicable response
plan if the President or the Federal On-Scene Coordinator
determines that deviation from the response plan would provide
for a more expeditious or effective response to the spill or
mitigation of its environmental effects.
- (4)
Exemption from liability
- (A)
A person is not liable for removal costs or damages which
result from actions taken or omitted to be taken in the course of
rendering care, assistance, or advice consistent with the
National Contingency Plan or as otherwise directed by the
President.
- (B)
Subparagraph (A) does not apply -
- (i)
to a responsible party;
- (ii)
to a response under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.);
- (iii)
with respect to personal injury or wrongful death; or
- (iv)
if the person is grossly negligent or engages in willful
misconduct.
- (C)
A responsible party is liable for any removal costs and
damages that another person is relieved of under subparagraph
(A).
- (5)
Obligation and liability of owner or operator not affected
Nothing in this subsection affects -
- (A)
the obligation of an owner or operator to respond
immediately to a discharge, or the threat of a discharge, of
oil; or
- (B)
the liability of a responsible party under the Oil
Pollution Act of 1990 (33 U.S.C. 2701 et seq.).
- (6)
''Responsible party'' defined
For purposes of this subsection, the term ''responsible party''
has the meaning given that term under section 1001 of the Oil
Pollution Act of 1990 (33 U.S.C. 2701).
- (d)
National Contingency Plan
- (1)
Preparation by President
The President shall prepare and publish a National Contingency
Plan for removal of oil and hazardous substances pursuant to this
section.
- (2)
Contents
The National Contingency Plan shall provide for efficient,
coordinated, and effective action to minimize damage from oil and
hazardous substance discharges, including containment, dispersal,
and removal of oil and hazardous substances, and shall include,
but not be limited to, the following:
- (A)
Assignment of duties and responsibilities among Federal
departments and agencies in coordination with State and local
agencies and port authorities including, but not limited to,
water pollution control and conservation and trusteeship of
natural resources (including conservation of fish and
wildlife).
- (B)
Identification, procurement, maintenance, and storage of
equipment and supplies.
- (C)
Establishment or designation of Coast Guard strike teams,
consisting of -
- (i)
personnel who shall be trained, prepared, and available
to provide necessary services to carry out the National
Contingency Plan;
- (ii)
adequate oil and hazardous substance pollution control
equipment and material; and
- (iii)
a detailed oil and hazardous substance pollution and
prevention plan, including measures to protect fisheries and
wildlife.
- (D)
A system of surveillance and notice designed to safeguard
against as well as ensure earliest possible notice of
discharges of oil and hazardous substances and imminent threats
of such discharges to the appropriate State and Federal
agencies.
- (E)
Establishment of a national center to provide
coordination and direction for operations in carrying out the
Plan.
- (F)
Procedures and techniques to be employed in identifying,
containing, dispersing, and removing oil and hazardous
substances.
- (G)
A schedule, prepared in cooperation with the States,
identifying -
- (i)
dispersants, other chemicals, and other spill
mitigating devices and substances, if any, that may be used
in carrying out the Plan,
- (ii)
the waters in which such dispersants, other chemicals,
and other spill mitigating devices and substances may be
used, and
- (iii)
the quantities of such dispersant, other chemicals,
or other spill mitigating device or substance which can be
used safely in such waters,
which schedule shall provide in the case of any dispersant,
chemical, spill mitigating device or substance, or waters not
specifically identified in such schedule that the President, or
his delegate, may, on a case-by-case basis, identify the
dispersants, other chemicals, and other spill mitigating
devices and substances which may be used, the waters in which
they may be used, and the quantities which can be used safely
in such waters.
- (H)
A system whereby the State or States affected by a
discharge of oil or hazardous substance may act where necessary
to remove such discharge and such State or States may be
reimbursed in accordance with the Oil Pollution Act of 1990 (33
U.S.C. 2701 et seq.), in the case of any discharge of oil from
a vessel or facility, for the reasonable costs incurred for
that removal, from the Oil Spill Liability Trust Fund.
- (I)
Establishment of criteria and procedures to ensure
immediate and effective Federal identification of, and response
to, a discharge, or the threat of a discharge, that results in
a substantial threat to the public health or welfare of the
United States, as required under subsection (c)(2) of this
section.
- (J)
Establishment of procedures and standards for removing a
worst case discharge of oil, and for mitigating or preventing a
substantial threat of such a discharge.
- (K)
Designation of the Federal official who shall be the
Federal On-Scene Coordinator for each area for which an Area
Contingency Plan is required to be prepared under subsection
(j) of this section.
- (L)
Establishment of procedures for the coordination of
activities of -
- (i)
Coast Guard strike teams established under subparagraph
(C);
- (ii)
Federal On-Scene Coordinators designated under
subparagraph (K);
- (iii)
District Response Groups established under subsection
(j) of this section; and
- (iv)
Area Committees established under subsection (j) of
this section.
- (M)
A fish and wildlife response plan, developed in
consultation with the United States Fish and Wildlife Service,
the National Oceanic and Atmospheric Administration, and other
interested parties (including State fish and wildlife
conservation officials), for the immediate and effective
protection, rescue, and rehabilitation of, and the minimization
of risk of damage to, fish and wildlife resources and their
habitat that are harmed or that may be jeopardized by a
discharge.
- (3)
Revisions and amendments
The President may, from time to time, as the President deems
advisable, revise or otherwise amend the National Contingency
Plan.
- (4)
Actions in accordance with National Contingency Plan
After publication of the National Contingency Plan, the removal
of oil and hazardous substances and actions to minimize damage
from oil and hazardous substance discharges shall, to the
greatest extent possible, be in accordance with the National
Contingency Plan.
- (e)
Civil enforcement
- (1)
Orders protecting public health
In addition to any action taken by a State or local government,
when the President determines that there may be an imminent and
substantial threat to the public health or welfare of the United
States, including fish, shellfish, and wildlife, public and
private property, shorelines, beaches, habitat, and other living
and nonliving natural resources under the jurisdiction or control
of the United States, because of an actual or threatened
discharge of oil or a hazardous substance from a vessel or
facility in violation of subsection (b) of this section, the
President may -
- (A)
require the Attorney General to secure any relief from
any person, including the owner or operator of the vessel or
facility, as may be necessary to abate such endangerment; or
- (B)
after notice to the affected State, take any other action
under this section, including issuing administrative orders,
that may be necessary to protect the public health and welfare.
- (2)
Jurisdiction of district courts
The district courts of the United States shall have
jurisdiction to grant any relief under this subsection that the
public interest and the equities of the case may require.
- (f)
Liability for actual costs of removal
- (1)
Except where an owner or operator can prove that a discharge
was caused solely by (A) an act of God, (B) an act of war, (C)
negligence on the part of the United States Government, or (D) an
act or omission of a third party without regard to whether any such
act or omission was or was not negligent, or any combination of the
foregoing clauses, such owner or operator of any vessel from which
oil or a hazardous substance is discharged in violation of
subsection (b)(3) of this section shall, notwithstanding any other
provision of law, be liable to the United States Government for the
actual costs incurred under subsection (c) of this section for the
removal of such oil or substance by the United States Government in
an amount not to exceed, in the case of an inland oil barge $125
per gross ton of such barge, or $125,000, whichever is greater, and
in the case of any other vessel, $150 per gross ton of such vessel
(or, for a vessel carrying oil or hazardous substances as cargo,
$250,000), whichever is greater, except that where the United
States can show that such discharge was the result of willful
negligence or willful misconduct within the privity and knowledge
of the owner, such owner or operator shall be liable to the United
States Government for the full amount of such costs. Such costs
shall constitute a maritime lien on such vessel which may be
recovered in an action in rem in the district court of the United
States for any district within which any vessel may be found. The
United States may also bring an action against the owner or
operator of such vessel in any court of competent jurisdiction to
recover such costs.
- (2)
Except where an owner or operator of an onshore facility can
prove that a discharge was caused solely by (A) an act of God, (B)
an act of war, (C) negligence on the part of the United States
Government, or (D) an act or omission of a third party without
regard to whether any such act or omission was or was not
negligent, or any combination of the foregoing clauses, such owner
or operator of any such facility from which oil or a hazardous
substance is discharged in violation of subsection (b)(3) of this
section shall be liable to the United States Government for the
actual costs incurred under subsection (c) of this section for the
removal of such oil or substance by the United States Government in
an amount not to exceed $50,000,000, except that where the United
States can show that such discharge was the result of willful
negligence or willful misconduct within the privity and knowledge
of the owner, such owner or operator shall be liable to the United
States Government for the full amount of such costs. The United
States may bring an action against the owner or operator of such
facility in any court of competent jurisdiction to recover such
costs. The Administrator is authorized, by regulation, after
consultation with the Secretary of Commerce and the Small Business
Administration, to establish reasonable and equitable
classifications of those onshore facilities having a total fixed
storage capacity of 1,000 barrels or less which he determines
because of size, type, and location do not present a substantial
risk of the discharge of oil or a hazardous substance in violation
of subsection (b)(3) of this section, and apply with respect to
such classifications differing limits of liability which may be
less than the amount contained in this paragraph.
- (3)
Except where an owner or operator of an offshore facility can
prove that a discharge was caused solely by (A) an act of God, (B)
an act of war, (C) negligence on the part of the United States
Government, or (D) an act or omission of a third party without
regard to whether any such act or omission was or was not
negligent, or any combination of the foregoing clauses, such owner
or operator of any such facility from which oil or a hazardous
substance is discharged in violation of subsection (b)(3) of this
section shall, notwithstanding any other provision of law, be
liable to the United States Government for the actual costs
incurred under subsection (c) of this section for the removal of
such oil or substance by the United States Government in an amount
not to exceed $50,000,000, except that where the United States can
show that such discharge was the result of willful negligence or
willful misconduct within the privity and knowledge of the owner,
such owner or operator shall be liable to the United States
Government for the full amount of such costs. The United States
may bring an action against the owner or operator of such a
facility in any court of competent jurisdiction to recover such
costs.
- (4)
The costs of removal of oil or a hazardous substance for
which the owner or operator of a vessel or onshore or offshore
facility is liable under subsection (f) of this section shall
include any costs or expenses incurred by the Federal Government or
any State government in the restoration or replacement of natural
resources damaged or destroyed as a result of a discharge of oil or
a hazardous substance in violation of subsection (b) of this
section.
- (5)
The President, or the authorized representative of any State,
shall act on behalf of the public as trustee of the natural
resources to recover for the costs of replacing or restoring such
resources. Sums recovered shall be used to restore, rehabilitate,
or acquire the equivalent of such natural resources by the
appropriate agencies of the Federal Government, or the State
government.
- (g)
Third party liability
Where the owner or operator of a vessel (other than an inland oil
barge) carrying oil or hazardous substances as cargo or an onshore
or offshore facility which handles or stores oil or hazardous
substances in bulk, from which oil or a hazardous substance is
discharged in violation of subsection (b) of this section, alleges
that such discharge was caused solely by an act or omission of a
third party, such owner or operator shall pay to the United States
Government the actual costs incurred under subsection (c) of this
section for removal of such oil or substance and shall be entitled
by subrogation to all rights of the United States Government to
recover such costs from such third party under this subsection. In
any case where an owner or operator of a vessel, of an onshore
facility, or of an offshore facility, from which oil or a hazardous
substance is discharged in violation of subsection (b)(3) of this
section, proves that such discharge of oil or hazardous substance
was caused solely by an act or omission of a third party, or was
caused solely by such an act or omission in combination with an act
of God, an act of war, or negligence on the part of the United
States Government, such third party shall, notwithstanding any
other provision of law, be liable to the United States Government
for the actual costs incurred under subsection (c) of this section
for removal of such oil or substance by the United States
Government, except where such third party can prove that such
discharge was caused solely by (A) an act of God, (B) an act of
war, (C) negligence on the part of the United States Government, or
- (D)
an act or omission of another party without regard to whether
such act or omission was or was not negligent, or any combination
of the foregoing clauses. If such third party was the owner or
operator of a vessel which caused the discharge of oil or a
hazardous substance in violation of subsection (b)(3) of this
section, the liability of such third party under this subsection
shall not exceed, in the case of an inland oil barge $125 per gross
ton of such barge, or $125,000, whichever is greater, and in the
case of any other vessel, $150 per gross ton of such vessel (or,
for a vessel carrying oil or hazardous substances as cargo,
$250,000), whichever is greater. In any other case the liability
of such third party shall not exceed the limitation which would
have been applicable to the owner or operator of the vessel or the
onshore or offshore facility from which the discharge actually
occurred if such owner or operator were liable. If the United
States can show that the discharge of oil or a hazardous substance
in violation of subsection (b)(3) of this section was the result of
willful negligence or willful misconduct within the privity and
knowledge of such third party, such third party shall be liable to
the United States Government for the full amount of such removal
costs. The United States may bring an action against the third
party in any court of competent jurisdiction to recover such
removal costs.
- (h)
Rights against third parties who caused or contributed to
discharge
The liabilities established by this section shall in no way
affect any rights which (1) the owner or operator of a vessel or of
an onshore facility or an offshore facility may have against any
third party whose acts may in any way have caused or contributed to
such discharge, or (2) the United States Government may have
against any third party whose actions may in any way have caused or
contributed to the discharge of oil or hazardous substance.
- (i)
Recovery of removal costs
In any case where an owner or operator of a vessel or an onshore
facility or an offshore facility from which oil or a hazardous
substance is discharged in violation of subsection (b)(3) of this
section acts to remove such oil or substance in accordance with
regulations promulgated pursuant to this section, such owner or
operator shall be entitled to recover the reasonable costs incurred
in such removal upon establishing, in a suit which may be brought
against the United States Government in the United States Court of
Federal Claims, that such discharge was caused solely by (A) an act
of God, (B) an act of war, (C) negligence on the part of the United
States Government, or (D) an act or omission of a third party
without regard to whether such act or omission was or was not
negligent, or of any combination of the foregoing causes.
- (j)
National Response System
- (1)
In general
Consistent with the National Contingency Plan required by
subsection (c)(2) of this section, as soon as practicable after
October 18, 1972, and from time to time thereafter, the President
shall issue regulations consistent with maritime safety and with
marine and navigation laws (A) establishing methods and
procedures for removal of discharged oil and hazardous
substances. (B) establishing criteria for the development and
implementation of local and regional oil and hazardous substance
removal contingency plans, (C) establishing procedures, methods,
and equipment and other requirements for equipment to prevent
discharges of oil and hazardous substances from vessels and from
onshore facilities and offshore facilities, and to contain such
discharges, and (D) governing the inspection of vessels carrying
cargoes of oil and hazardous substances and the inspection of
such cargoes in order to reduce the likelihood of discharges of
oil from vessels in violation of this section.
- (2)
National Response Unit
The Secretary of the department in which the Coast Guard is
operating shall establish a National Response Unit at Elizabeth
City, North Carolina. The Secretary, acting through the National
Response Unit -
- (A)
shall compile and maintain a comprehensive computer list
of spill removal resources, personnel, and equipment that is
available worldwide and within the areas designated by the
President pursuant to paragraph (4), and of information
regarding previous spills, including data from universities,
research institutions, State governments, and other nations, as
appropriate, which shall be disseminated as appropriate to
response groups and area committees, and which shall be
available to Federal and State agencies and the public;
- (B)
shall provide technical assistance, equipment, and other
resources requested by a Federal On-Scene Coordinator;
- (C)
shall coordinate use of private and public personnel and
equipment to remove a worst case discharge, and to mitigate or
prevent a substantial threat of such a discharge, from a
vessel, offshore facility, or onshore facility operating in or
near an area designated by the President pursuant to paragraph
(4);
- (D)
may provide technical assistance in the preparation of
Area Contingency Plans required under paragraph (4);
- (E)
shall administer Coast Guard strike teams established
under the National Contingency Plan;
- (F)
shall maintain on file all Area Contingency Plans
approved by the President under this subsection; and
- (G)
shall review each of those plans that affects its
responsibilities under this subsection.
- (3)
Coast Guard District Response Groups
- (A)
The Secretary of the department in which the Coast Guard is
operating shall establish in each Coast Guard district a Coast
Guard District Response Group.
- (B)
Each Coast Guard District Response Group shall consist of -
- (i)
the Coast Guard personnel and equipment, including
firefighting equipment, of each port within the district;
- (ii)
additional prepositioned equipment; and
- (iii)
a district response advisory staff.
- (C)
Coast Guard district response groups -
- (i)
shall provide technical assistance, equipment, and other
resources when required by a Federal On-Scene Coordinator;
- (ii)
shall maintain all Coast Guard response equipment within
its district;
- (iii)
may provide technical assistance in the preparation of
Area Contingency Plans required under paragraph (4); and
- (iv)
shall review each of those plans that affect its area of
geographic responsibility.
- (4)
Area Committees and Area Contingency Plans
- (A)
There is established for each area designated by the
President an Area Committee comprised of members appointed by the
President from qualified personnel of Federal, State, and local
agencies.
- (B)
Each Area Committee, under the direction of the Federal
On-Scene Coordinator for its area, shall -
- (i)
prepare for its area the Area Contingency Plan required
under subparagraph (C);
- (ii)
work with State and local officials to enhance the
contingency planning of those officials and to assure
preplanning of joint response efforts, including appropriate
procedures for mechanical recovery, dispersal, shoreline
cleanup, protection of sensitive environmental areas, and
protection, rescue, and rehabilitation of fisheries and
wildlife; and
- (iii)
work with State and local officials to expedite
decisions for the use of dispersants and other mitigating
substances and devices.
- (C)
Each Area Committee shall prepare and submit to the
President for approval an Area Contingency Plan for its area.
The Area Contingency Plan shall -
- (i)
when implemented in conjunction with the National
Contingency Plan, be adequate to remove a worst case discharge,
and to mitigate or prevent a substantial threat of such a
discharge, from a vessel, offshore facility, or onshore
facility operating in or near the area;
- (ii)
describe the area covered by the plan, including the
areas of special economic or environmental importance that
might be damaged by a discharge;
- (iii)
describe in detail the responsibilities of an owner or
operator and of Federal, State, and local agencies in removing
a discharge, and in mitigating or preventing a substantial
threat of a discharge;
- (iv)
list the equipment (including firefighting equipment),
dispersants or other mitigating substances and devices, and
personnel available to an owner or operator and Federal, State,
and local agencies, to ensure an effective and immediate
removal of a discharge, and to ensure mitigation or prevention
of a substantial threat of a discharge;
- (v)
compile a list of local scientists, both inside and
outside Federal Government service, with expertise in the
environmental effects of spills of the types of oil typically
transported in the area, who may be contacted to provide
information or, where appropriate, participate in meetings of
the scientific support team convened in response to a spill,
and describe the procedures to be followed for obtaining an
expedited decision regarding the use of dispersants;
- (vi)
describe in detail how the plan is integrated into other
Area Contingency Plans and vessel, offshore facility, and
onshore facility response plans approved under this subsection,
and into operating procedures of the National Response Unit;
- (vii)
include any other information the President requires;
and
- (viii)
be updated periodically by the Area Committee.
- (D)
The President shall -
- (i)
review and approve Area Contingency Plans under this
paragraph; and
- (ii)
periodically review Area Contingency Plans so approved.
- (5)
Tank vessel and facility response plans
- (A)
The President shall issue regulations which require an
owner or operator of a tank vessel or facility described in
subparagraph (B) to prepare and submit to the President a plan
for responding, to the maximum extent practicable, to a worst
case discharge, and to a substantial threat of such a discharge,
of oil or a hazardous substance.
- (B)
The tank vessels and facilities referred to in subparagraph
(A) are the following:
- (i)
A tank vessel, as defined under section 2101 of title 46.
- (ii)
An offshore facility.
- (iii)
An onshore facility that, because of its location,
could reasonably be expected to cause substantial harm to the
environment by discharging into or on the navigable waters,
adjoining shorelines, or the exclusive economic zone.
- (C)
A response plan required under this paragraph shall -
- (i)
be consistent with the requirements of the National
Contingency Plan and Area Contingency Plans;
- (ii)
identify the qualified individual having full authority
to implement removal actions, and require immediate
communications between that individual and the appropriate
Federal official and the persons providing personnel and
equipment pursuant to clause (iii);
- (iii)
identify, and ensure by contract or other means
approved by the President the availability of, private
personnel and equipment necessary to remove to the maximum
extent practicable a worst case discharge (including a
discharge resulting from fire or explosion), and to mitigate or
prevent a substantial threat of such a discharge;
- (iv)
describe the training, equipment testing, periodic
unannounced drills, and response actions of persons on the
vessel or at the facility, to be carried out under the plan to
ensure the safety of the vessel or facility and to mitigate or
prevent the discharge, or the substantial threat of a
discharge;
- (v)
be updated periodically; and
- (vi)
be resubmitted for approval of each significant change.
- (D)
With respect to any response plan submitted under this
paragraph for an onshore facility that, because of its location,
could reasonably be expected to cause significant and substantial
harm to the environment by discharging into or on the navigable
waters or adjoining shorelines or the exclusive economic zone,
and with respect to each response plan submitted under this
paragraph for a tank vessel or offshore facility, the President
shall -
- (i)
promptly review such response plan;
- (ii)
require amendments to any plan that does not meet the
requirements of this paragraph;
- (iii)
approve any plan that meets the requirements of this
paragraph; and
- (iv)
review each plan periodically thereafter.
- (E)
A tank vessel, offshore facility, or onshore facility
required to prepare a response plan under this subsection may not
handle, store, or transport oil unless -
- (i)
in the case of a tank vessel, offshore facility, or
onshore facility for which a response plan is reviewed by the
President under subparagraph (D), the plan has been approved by
the President; and
- (ii)
the vessel or facility is operating in compliance with
the plan.
- (F)
Notwithstanding subparagraph (E), the President may
authorize a tank vessel, offshore facility, or onshore facility
to operate without a response plan approved under this paragraph,
until not later than 2 years after the date of the submission to
the President of a plan for the tank vessel or facility, if the
owner or operator certifies that the owner or operator has
ensured by contract or other means approved by the President the
availability of private personnel and equipment necessary to
respond, to the maximum extent practicable, to a worst case
discharge or a substantial threat of such a discharge.
- (G)
The owner or operator of a tank vessel, offshore facility,
or onshore facility may not claim as a defense to liability under
title I of the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.)
that the owner or operator was acting in accordance with an
approved response plan.
- (H)
The Secretary shall maintain, in the Vessel Identification
System established under chapter 125 of title 46, the dates of
approval and review of a response plan under this paragraph for
each tank vessel that is a vessel of the United States.
- (6)
Equipment requirements and inspection
Not later than 2 years after August 18, 1990, the President
shall require -
- (A)
periodic inspection of containment booms, skimmers,
vessels, and other major equipment used to remove discharges;
and
- (B)
vessels operating on navigable waters and carrying oil or
a hazardous substance in bulk as cargo to carry appropriate
removal equipment that employs the best technology economically
feasible and that is compatible with the safe operation of the
vessel.
- (7)
Area drills
The President shall periodically conduct drills of removal
capability, without prior notice, in areas for which Area
Contingency Plans are required under this subsection and under
relevant tank vessel and facility response plans. The drills may
include participation by Federal, State, and local agencies, the
owners and operators of vessels and facilities in the area, and
private industry. The President may publish annual reports on
these drills, including assessments of the effectiveness of the
plans and a list of amendments made to improve plans.
- (8)
United States Government not liable
The United States Government is not liable for any damages
arising from its actions or omissions relating to any response
plan required by this section.
- (k)
Repealed. Pub. L. 101-380, title II, Sec. 2002(b)(2), Aug. 18,
1990, 104 Stat. 507
- (l)
Administration
The President is authorized to delegate the administration of
this section to the heads of those Federal departments, agencies,
and instrumentalities which he determines to be appropriate. Each
such department, agency, and instrumentality, in order to avoid
duplication of effort, shall, whenever appropriate, utilize the
personnel, services, and facilities of other Federal departments,
agencies, and instrumentalities.
- (m)
Administrative provisions
- (1)
For vessels
Anyone authorized by the President to enforce the provisions of
this section with respect to any vessel may, except as to public
vessels -
- (A)
board and inspect any vessel upon the navigable waters of
the United States or the waters of the contiguous zone,
- (B)
with or without a warrant, arrest any person who in the
presence or view of the authorized person violates the
provisions of this section or any regulation issued thereunder,
and
- (C)
execute any warrant or other process issued by an officer
or court of competent jurisdiction.
- (A)
Recordkeeping
Whenever required to carry out the purposes of this section,
the Administrator or the Secretary of the Department in which
the Coast Guard is operating shall require the owner or
operator of a facility to which this section applies to
establish and maintain such records, make such reports,
install, use, and maintain such monitoring equipment and
methods, and provide such other information as the
Administrator or Secretary, as the case may be, may require to
carry out the objectives of this section.
- (B)
Entry and inspection
Whenever required to carry out the purposes of this section,
the Administrator or the Secretary of the Department in which
the Coast Guard is operating or an authorized representative of
the Administrator or Secretary, upon presentation of
appropriate credentials, may -
- (i)
enter and inspect any facility to which this section
applies, including any facility at which any records are
required to be maintained under subparagraph (A); and
- (ii)
at reasonable times, have access to and copy any
records, take samples, and inspect any monitoring equipment
or methods required under subparagraph (A).
- (C)
Arrests and execution of warrants
Anyone authorized by the Administrator or the Secretary of
the department in which the Coast Guard is operating to enforce
the provisions of this section with respect to any facility may
-
- (i)
with or without a warrant, arrest any person who
violates the provisions of this section or any regulation
issued thereunder in the presence or view of the person so
authorized; and
- (ii)
execute any warrant or process issued by an officer or
court of competent jurisdiction.
- (D)
Public access
Any records, reports, or information obtained under this
paragraph shall be subject to the same public access and
disclosure requirements which are applicable to records,
reports, and information obtained pursuant to section 1318 of
this title.
- (n)
Jurisdiction
The several district courts of the United States are invested
with jurisdiction for any actions, other than actions pursuant to
subsection (i)(1) of this section, arising under this section. In
the case of Guam and the Trust Territory of the Pacific Islands,
such actions may be brought in the district court of Guam, and in
the case of the Virgin Islands such actions may be brought in the
district court of the Virgin Islands. In the case of American Samoa
and the Trust Territory of the Pacific Islands, such actions may be
brought in the District Court of the United States for the District
of Hawaii and such court shall have jurisdiction of such actions.
In the case of the Canal Zone, such actions may be brought in the
United States District Court for the District of the Canal Zone.
- (o)
Obligation for damages unaffected; local authority not
preempted; existing Federal authority not modified or affected
- (1)
Nothing in this section shall affect or modify in any way the
obligations of any owner or operator of any vessel, or of any owner
or operator of any onshore facility or offshore facility to any
person or agency under any provision of law for damages to any
publicly owned or privately owned property resulting from a
discharge of any oil or hazardous substance or from the removal of
any such oil or hazardous substance.
- (2)
Nothing in this section shall be construed as preempting any
State or political subdivision thereof from imposing any
requirement or liability with respect to the discharge of oil or
hazardous substance into any waters within such State, or with
respect to any removal activities related to such discharge.
- (3)
Nothing in this section shall be construed as affecting or
modifying any other existing authority of any Federal department,
agency, or instrumentality, relative to onshore or offshore
facilities under this chapter or any other provision of law, or to
affect any State or local law not in conflict with this section.
- (p)
Repealed. Pub. L. 101-380, title II, Sec. 2002(b)(4), Aug. 18,
1990, 104 Stat. 507
- (q)
Establishment of maximum limit of liability with respect to
onshore or offshore facilities
The President is authorized to establish, with respect to any
class or category of onshore or offshore facilities, a maximum
limit of liability under subsections (f)(2) and (3) of this section
of less than $50,000,000, but not less than $8,000,000.
- (r)
Liability limitations not to limit liability under other
legislation
Nothing in this section shall be construed to impose, or
authorize the imposition of, any limitation on liability under the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) or the
Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.).
- (s)
Oil Spill Liability Trust Fund
The Oil Spill Liability Trust Fund established under section 9509
of title 26 shall be available to carry out subsections (b), (c),
- ()
Oil Spill Liability Trust Fund
discharges, and substantial threats of discharges, of oil. Any
amounts received by the United States under this section shall be
deposited in the Oil Spill Liability Trust Fund.
[Notes]
