§ 1514. Remedies

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1975

   Deepwater Port Act of 1974

   Pub. L. 93–627 § 15 · 88 Stat. 2127

   Enacted · 33 U.S.C. § 1514

   Pub. L. 93–627, § 15, Jan. 3, 1975, 88 Stat. 2140

   Source evidence

   Code source credit
   Pub. L. 93–627, § 15, Jan. 3, 1975, 88 Stat. 2140

   Enacted provision · exact public law section
   Sec. 15. remedies (a) Any person who willfully violates any provision of Penalties. 33 USC 1514. this Act or any rule, order, or regulation issued pursuant thereto shall on conviction be fined not more than $25,000 for each day of violation or imprisoned for not more than 1 year, or both. (b) (1) Whenever on the basis of any information available to him the Secretary finds that any person is in violation of any provision of this Act or any rule, regulation, order, license, or condition thereof, or other requirements under this Act, he shall issue an order requiring such person to comply with such provision or requirement, or he shall bring a civil action in accordance with paragraph (3) of this subsection. (2) Any order issued under this subsection shall state with reasonable specificity the nature of the violation and a time for compliance, not to exceed thirty days, which the Secretary determines is reasonable, taking into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. (3) Upon a request by the Secretary, the Attorney General shall commence a civil action for appropriate relief, including a permanent or temporary injunction or a civil penalty not to exceed $25,000 per day of such violation, for any violation for which the Secretary is authorized to issue a compliance order under paragraph (1) of this subsection. Any action under this subsection may be brought in the district court of the United States for the district in which the defendant is located or resides or is doing business, and such court shall have jurisdiction to restrain such violation, require compliance, or impose such penalty. (c) Upon a request by the Secretary, the Attorney General shall bring an action in an appropriate district court of the United States for equitable relief to redress a violation by any person of any provision of this Act, any regulation under this Act, or any license condition. The district courts of the United States shall have jurisdiction to grant such relief as is necessary or appropriate, including mandatory or prohibitive injunctive relief, interim equitable relief, compensatory damages, and punitive damages. (d) Any vessel, except a public vessel engaged in noncommercial Vessels, liability. activities, used in a violation of this Act or of any rule or regulation issued pursuant to this Act, shall be liable in rem for any civil penalty assessed or criminal fine imposed and may be proceeded against in any district court of the United States having jurisdiction thereof; but no vessel shall be liable unless it shall appear that one or more of the owners, or bareboat charterers, was at the time of the violation, a consenting party or privy to such violation.

2. 1990

   Oil Pollution Act of 1990

   Pub. L. 101–380 title IV § 4302(m) · 104 Stat. 484

   Substituted · 33 U.S.C. § 1514(a)

   Pub. L. 101–380 substituted “commits a class A misdemeanor for each day of violation” for “shall on conviction be fined not more than $25,000 for each day of violation or imprisoned for not more than 1 year, or both”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–380 substituted “commits a class A misdemeanor for each day of violation” for “shall on conviction be fined not more than $25,000 for each day of violation or imprisoned for not more than 1 year, or both”.

   Enacted provision · exact public law section
   (m) Deepwater Port Act of 1974.— Section 15(a) of the Deep-water Port Act of 1974 (33 U.S.C. 1514(a)) is amended by striking “shall on conviction be fined not more than $25,000 for each day of violation or imprisoned for not more than 1 year, or both.” and inserting “commits a class A misdemeanor for each day of violation.”.

   Effective date note
   Amendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of this title.

2 of 2 references resolved to an enrolled provision