§ 2716a. Financial responsibility civil penalties

Statutory text

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 (b)(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.

Judicial

In addition to, or in lieu of, assessing a penalty under subsection (a), the President may request the Attorney General to secure such relief as necessary to compel compliance with 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.

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.

1990
Oil Pollution Act of 1990
Pub. L. 101–380 title IV § 4303 · 104 Stat. 484
Enacted · 33 U.S.C. § 2716a
Pub. L. 101–380, title IV, § 4303, Aug. 18, 1990, 104 Stat. 539
Source evidence
Code source credit
Pub. L. 101–380, title IV, § 4303, Aug. 18, 1990, 104 Stat. 539
Enacted provision · exact public law section
SEC. 4303. 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 1016 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), the President may request the Attorney General to secure such relief as necessary to compel compliance with this section 1016, 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.
2018
John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 3547(d)(1) · 132 Stat. 1636
Substituted · 33 U.S.C. § 2716a(a)
Pub. L. 115–232, § 3547(d)(1), substituted “subsection (b)(2)” for “subsection (c)(2)”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 115–232, § 3547(d)(1), substituted “subsection (b)(2)” for “subsection (c)(2)”.
Enacted provision · exact public law section
(1) in subsection (a), by striking “subsection (c)(2)” and inserting “subsection (b)(2)”; and
2018
John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 3547(d)(2) · 132 Stat. 1636
Substituted · 33 U.S.C. § 2716a(b)
Pub. L. 115–232, § 3547(d)(2), substituted “section 2716” for “this section 2716”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 115–232, § 3547(d)(2), substituted “section 2716” for “this section 2716”.
Enacted provision · exact public law section
(2) in subsection (b), by striking “this section 1016” and inserting “section 1016”.

3 of 3 references resolved to an enrolled provision

Editorial Notes

Codification

Section was not enacted as part of title I of Pub. L. 101–380 which comprises this subchapter.

Amendments

2018—Subsec. (a). Pub. L. 115–232, § 3547(d)(1), substituted “subsection (b)(2)” for “subsection (c)(2)”.

Subsec. (b). Pub. L. 115–232, § 3547(d)(2), substituted “section 2716” for “this section 2716”.

Executive Documents

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.

Credits

1990–2018 · 2 acts

1990Pub. L. 101–380, title IV, § 4303, Aug. 18, 1990, 104 Stat. 539
2018Pub. L. 115–232, div. C, title XXXV, § 3547(d), Aug. 13, 2018, 132 Stat. 2328.

Show as published

(Pub. L. 101–380, title IV, § 4303, Aug. 18, 1990, 104 Stat. 539; Pub. L. 115–232, div. C, title XXXV, § 3547(d), Aug. 13, 2018, 132 Stat. 2328.)