33-U.S.C.-2716A
§2716A – Financial Responsibility Civil Penalties
Pathway
Title 33 > Chapter 40 > Subchapter I > Section 2716a
Details
- Reference: Section 2716a
- Legend: §2716A – Financial Responsibility Civil Penalties
- USCode Year: 2013
Provision Content
(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) 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 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.
(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. 101–380 which 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.
U.S. Encyclopedia of Law Coverage
33-U.S.C.-2708 in the Legal Encyclopedia: Oil Pollution
In this entry about 33-U.S.C.-2708, find legal reference material, bibliographies and premiere content related to oil pollution in the American Encyclopedia of Law, presenting a comprehensive view of the United States oil pollution-specific issues, written by authorities in the field.
Subchapter I – Oil Pollution Liability and Compensation in the Legal Encyclopedia: Liability
In this entry about Subchapter I – Oil Pollution Liability and Compensation, find legal reference material, bibliographies and premiere content related to liability in the American Encyclopedia of Law, presenting a comprehensive view of the United States liability-specific issues, written by authorities in the field.
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