33 U.S. Code § 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)  [1] 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  [2] 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.


[1]  So in original. Probably should be “subsection (b)(2)”.

[2]  So in original. The word “this” probably should not appear.

Source

(Pub. L. 101–380, title IV, § 4303,Aug. 18, 1990, 104 Stat. 539.)
Codification

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

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15 CFR - Commerce and Foreign Trade

15 CFR Part 990 - NATURAL RESOURCE DAMAGE ASSESSMENTS

33 CFR - Navigation and Navigable Waters

33 CFR Part 1 - GENERAL PROVISIONS

33 CFR Part 135 - OFFSHORE OIL POLLUTION COMPENSATION FUND

33 CFR Part 138 - FINANCIAL RESPONSIBILITY FOR WATER POLLUTION (VESSELS) AND OPA 90 LIMITS OF LIABILITY (VESSELS AND DEEPWATER PORTS)

40 CFR - Protection of Environment

40 CFR Part 3 - CROSS-MEDIA ELECTRONIC REPORTING

 

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