§ 2716a. — Financial responsibility civil penalties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2716a]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 2716a. Financial responsibility civil penalties
(a) Administrative
Any person who, after notice and an opportunity for a hearing, is
found to have failed to comply with the requirements of section 2716 of
this title or the regulations issued under that section, or with a
denial or detention order issued under subsection (c)(2) of that
section, shall be liable to the United States for a civil penalty, not
to exceed $25,000 per day of violation. The amount of the civil penalty
shall be assessed by the President by written notice. In determining the
amount of the penalty, the President shall take into account the nature,
circumstances, extent, and gravity of the violation, the degree of
culpability, any history of prior violation, ability to pay, and such
other matters as justice may require. The President may compromise,
modify, or remit, with or without conditions, any civil penalty which is
subject to imposition or which had been imposed under this paragraph. If
any person fails to pay an assessed civil penalty after it has become
final, the President may refer the matter to the Attorney General for
collection.
(b) Judicial
In addition to, or in lieu of, assessing a penalty under subsection
(a) of this section, the President may request the Attorney General to
secure such relief as necessary to compel compliance with this \1\
section 2716 of this title, including a judicial order terminating
operations. The district courts of the United States shall have
jurisdiction to grant any relief as the public interest and the equities
of the case may require.
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\1\ So in original. The word ``this'' probably should not appear.
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(Pub. L. 101-380, title IV, Sec. 4303, Aug. 18, 1990, 104 Stat. 539.)
Codification
Section was not enacted as part of title I of Pub. L. 101-380 which
comprises this subchapter.
Delegation of Functions
Specific functions of President under this section delegated to
Secretary of Department in which Coast Guard is operating and Secretary
of the Interior by section 5(b) of Ex. Ord. No. 12777, Oct. 18, 1991, 56
F.R. 54765, as amended, set out as a note under section 1321 of this
title.
