§ 2718. — Relationship to other law.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2718]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 2718. Relationship to other law
(a) Preservation of State authorities; Solid Waste Disposal Act
Nothing in this Act or the Act of March 3, 1851 shall--
(1) affect, or be construed or interpreted as preempting, the
authority of any State or political subdivision thereof from
imposing any additional liability or requirements with respect to--
(A) the discharge of oil or other pollution by oil within
such State; or
(B) any removal activities in connection with such a
discharge; or
(2) affect, or be construed or interpreted to affect or modify
in any way the obligations or liabilities of any person under the
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) or State law,
including common law.
(b) Preservation of State funds
Nothing in this Act or in section 9509 of title 26 shall in any way
affect, or be construed to affect, the authority of any State--
(1) to establish, or to continue in effect, a fund any purpose
of which is to pay for costs or damages arising out of, or directly
resulting from, oil pollution or the substantial threat of oil
pollution; or
(2) to require any person to contribute to such a fund.
(c) Additional requirements and liabilities; penalties
Nothing in this Act, the Act of March 3, 1851 (46 U.S.C. 183 et
seq.), or section 9509 of title 26, shall in any way affect, or be
construed to affect, the authority of the United States or any State or
political subdivision thereof--
(1) to impose additional liability or additional requirements;
or
(2) to impose, or to determine the amount of, any fine or
penalty (whether criminal or civil in nature) for any violation of
law;
relating to the discharge, or substantial threat of a discharge, of oil.
(d) Federal employee liability
For purposes of section 2679(b)(2)(B) of title 28, nothing in this
Act shall be construed to authorize or create a cause of action against
a Federal officer or employee in the officer's or employee's personal or
individual capacity for any act or omission while acting within the
scope of the officer's or employee's office or employment.
(Pub. L. 101-380, title I, Sec. 1018, Aug. 18, 1990, 104 Stat. 505.)
References in Text
This Act, referred to in text, is Pub. L. 101-380, Aug. 18, 1990,
104 Stat. 484, as amended, known as the Oil Pollution Act of 1990, which
is classified principally to this chapter. For complete classification
of this Act to the Code, see Short Title note set out under section 2701
of this title and Tables.
Act of March 3, 1851, referred to in subsecs. (a) and (c), is act
Mar. 3, 1851, ch. 43, 9 Stat. 635, which was incorporated into the
Revised Statutes as R.S. Secs. 4282, 4283, 4284 to 4287 and 4289, and is
classified to sections 182, 183, and 184 to 188 of Title 46, Appendix,
Shipping.
The Solid Waste Disposal Act, referred to in subsec. (a)(2), is
title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended
generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which
is classified generally to chapter 82 (Sec. 6901 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this Act
to the Code, see Short Title note set out under section 6901 of Title 42
and Tables.
Report on Vessel Safety and Ability To Meet Legal Obligations
Pub. L. 102-241, Sec. 32, Dec. 19, 1991, 105 Stat. 2222, provided
that: ``Not later than one year after the date of enactment of this Act
[Dec. 19, 1991], the Secretary of Transportation shall report to
Congress on the effect of section 1018 of the Oil Pollution Act of 1990
(Public Law 101-380; 104 Stat. 484) [33 U.S.C. 2718] on the safety of
vessels being used to transport oil and the capability of owners and
operators to meet their legal obligations in the event of an oil
spill.''
