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Clean Water Act
Section 311 - Oil and Hazardous Substances Liability
§ 1321. Oil and hazardous substances 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 402 of this Act [42
USCS § 1342], (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 402 of this Act [42 USCS § 1342], and
subject to a condition in such permit,[,] (C) continuous or anticipated intermittent
discharges from a point source, identified in a permit or permit application
under section 402 of this Act [42 USCS § 1342], which
are caused by events occurring within the scope of relevant operating or treatment
systems, and (D) discharges incidental to mechanical removal authorized by
the President under subsection (c) of this section;
(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 prevent, 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 [15 UST 1606];
(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);
(19) "Area Contingency Plan" means an Area Contingency
Plan prepared under subsection (j);
(20) "Coast Guard District Response Group" means a
Coast Guard District Response Group established under subsection (j);
(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);
(23) "National Response Unit" means the National Response
Unit established under subsection (j);
(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;
(25) "removal costs" means--
(A) the costs of removal of oil or a hazardous
substance that are incurred after it is discharged; and
(B) in any case in which there is a substantial
threat of a discharge of oil or a hazardous substance, the costs to prevent,
minimize, or mitigate that threat; and
(26) "nontank vessel" means a self-propelled vessel
of 400 gross tons as measured under section 14302 of title 46, United States
Code, or greater, other than a tank vessel, that carries oil of any kind
as fuel for main propulsion and that--
(A) is a vessel of the United States; or
(B) operates on the navigable waters of the
United States.
(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 or the Deepwater Port Act of 1974,
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 of 1976).
(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 or the Deepwater
Port Act of 1974, 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
of 1976), 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 or the Deepwater Port Act of 1974,
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 of 1976),
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 of 1976), 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, United States Code, 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) 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, United States Code, 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, United States Code. 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 Act [33 USCS § § 1251 et seq.]; 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 309(d), 309(g), or 505 of this Act [33 USCS § § 1319(d),
(g), 1365] 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 Act [33 USCS § § 1251 et
seq.].
(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); or
(ii) fails to comply with
an order pursuant to subsection (e)(1)(B);
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) 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 309(b) of this Act [33 USCS § 1319(b)].
(11) Limitation. Civil penalties shall not be assessed under both
this section and section 309 [33 USCS § 1319] 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 4197 of
the Revised Statutes of the United States (46 U.S.C. App. 91);
(B) a permit to proceed under
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), 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 relating to a discharge or a
substantial threat of a discharge of oil or a hazardous substance.
(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.
(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 USCS § 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, 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).
(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).
(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); and
(iv) Area Committees established
under subsection (j).
(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), 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, not withstanding [notwithstanding]
any other provision of law, be liable to the United States Government for the
actual costs incurred under subsection (c) 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) 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) 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) 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) 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 Claims Court [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
the effective date of this section [effective Oct. 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, nontank vessel, and facility response plans.
(A) (i) The President shall issue regulations
which require an owner or operator of a tank vessel or facility described in
subparagraph (C) 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.
(ii) The President shall
also issue regulations which require an owner or operator of a non-tank vessel
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.
(B) The Secretary of the Department in which
the Coast Guard is operating may issue regulations which require an owner or
operator of a tank vessel, a non-tank vessel, or a facility described in subparagraph
(C) that transfers noxious liquid substances in bulk to or from a vessel to
prepare and submit to the Secretary a plan for responding, to the maximum extent
practicable, to a worst case discharge, and to a substantial threat of such
a discharge, of a noxious liquid substance that is not designated as a hazardous
substance or regulated as oil in any other law or regulation. For purposes
of this paragraph, the term "noxious liquid substance" has the same
meaning when that term is used in the MARPOL Protocol described in section
2(a)(3) of the Act to Prevent Pollution from Ships (33 U.S.C. 1901(a)(3)).
(C) The tank vessels, nontank vessels, and facilities
referred to in subparagraphs (A) and (B) are the following:
(i) A tank vessel, as defined
under section 2101 of title 46, United States Code.
(ii) A nontank vessel.
(iii) An offshore facility.
(iv) 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.
(D) 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.
(E) 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, nontank 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;
(iv) review each plan periodically
thereafter; and
(v) in the case of a plan
for a nontank vessel, consider any applicable State-mandated response plan
in effect on the date of the enactment of the Coast Guard and Maritime Transportation
Act of 2004 [enacted Aug. 9, 2004] and ensure consistency to the extent practicable.
(F) A tank vessel, non-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, non-tank vessel, offshore facility, or onshore facility for which a
response plan is reviewed by the President under subparagraph (E), the plan
has been approved by the President; and
(ii) the vessel or facility
is operating in compliance with the plan.
(G) Notwithstanding subparagraph (E), the President
may authorize a tank vessel, non-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, non-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.
(H) The owner or operator of a tank vessel,
nontank 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 USCS § § 2701 et
seq. and 2701 note] that the owner or operator was acting in accordance
with an approved response plan.
(I) The Secretary shall maintain, in the Vessel
Identification System established under chapter 125 of title 46, United
States Code [46 USCS § § 12501 et seq.], the dates of
approval and review of a response plan under this paragraph for each tank vessel
and nontank vessel that is a vessel of the United States.
(6) Equipment requirements and inspection. The President may 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, and nontank vessels
carrying oil of any kind as fuel for main propulsion, 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, nontank
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]
(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.
(2) For facilities.
(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 308 [33 USCS § 1318].
(n) Jurisdiction. The several district courts of the United States
are invested with jurisdiction for any actions, other than actions pursuant
to subsection (i)(l), 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 Act
[33 USCS § § 1251 et seq.] or any other provision
of law, or to affect any State or local law not in conflict with this section.
(p) [Repealed]
(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 or the Deepwater Port Act of 1974.
(s) Oil Spill Liability Trust Fund. The Oil Spill Liability Trust
Fund established under section 9509 of the Internal Revenue Code of
1986 (26 U.S.C. 9509) shall be available to carry out subsections
(b), (c), (d), (j), and (l) as those subsections apply to 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.
