§ 1415. — Penalties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1415]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 27--OCEAN DUMPING
SUBCHAPTER I--REGULATION
Sec. 1415. Penalties
(a) Assessment of civil penalty by Administrator; remission or
mitigation; court action for appropriate relief
Any person who violates any provision of this subchapter, or of the
regulations promulgated under this subchapter, or a permit issued under
this subchapter shall be liable to a civil penalty of not more than
$50,000 for each violation to be assessed by the Administrator. In
addition, any person who violates this subchapter or any regulation
issued under this subchapter by engaging in activity involving the
dumping of medical waste shall be liable for a civil penalty of not more
than $125,000 for each violation, to be assessed by the Administrator
after written notice and an opportunity for a hearing. No penalty shall
be assessed until the person charged shall have been given notice and an
opportunity for a hearing of such violation. In determining the amount
of the penalty, the gravity of the violation, prior violations, and the
demonstrated good faith of the person charged in attempting to achieve
rapid compliance after notification of a violation shall be considered
by said Administrator. For good cause shown, the Administrator may remit
or mitigate such penalty. Upon failure of the offending party to pay the
penalty, the Administrator may request the Attorney General to commence
an action in the appropriate district court of the United States for
such relief as may be appropriate.
(b) Criminal penalties
In addition to any action that may be brought under subsection (a)
of this section--
(1) any person who knowingly violates any provision of this
subchapter, any regulation promulgated under this subchapter, or a
permit issued under this subchapter, shall be fined under title 18
or imprisoned for not more than 5 years, or both; and
(2) any person who is convicted of such a violation pursuant to
paragraph (1) shall forfeit to the United States--
(A) any property constituting or derived from any proceeds
that the person obtained, directly or indirectly, as a result of
such violation; and
(B) any of the property of the person which was used, or
intended to be used in any manner or part, to commit or to
facilitate the commission of the violation.
(c) Separate offenses
For the purpose of imposing civil penalties and criminal fines under
this section, each day of a continuing violation shall constitute a
separate offense as shall the dumping from each of several vessels, or
other sources.
(d) Injunctive relief
The Attorney General or his delegate may bring actions for equitable
relief to enjoin an imminent or continuing violation of this subchapter,
of regulations promulgated under this subchapter, or of permits issued
under this subchapter, and the district courts of the United States
shall have jurisdiction to grant such relief as the equities of the case
may require.
(e) Liability of vessels in rem
A vessel, except a public vessel within the meaning of section 13 of
the Federal Water Pollution Control Act, as amended, used in a
violation, 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.
(f) Revocation and suspension of permits
If the provisions of any permit issued under section 1412 or 1413 of
this title are violated, the Administrator or the Secretary, as the case
may be, may revoke the permit or may suspend the permit for a specified
period of time. No permit shall be revoked or suspended unless the
permittee shall have been given notice and opportunity for a hearing on
such violation and proposed suspension or revocation.
(g) Civil suits by private persons
(1) Except as provided in paragraph (2) of this subsection any
person may commence a civil suit on his own behalf to enjoin any person,
including the United States and any other governmental instrumentality
or agency (to the extent permitted by the eleventh amendment to the
Constitution), who is alleged to be in violation of any prohibition,
limitation, criterion, or permit established or issued by or under this
subchapter. The district courts shall have jurisdiction, without regard
to the amount in controversy or the citizenship of the parties, to
enforce such prohibition, limitation, criterion, or permit, as the case
may be.
(2) No action may be commenced--
(A) prior to sixty days after notice of the violation has been
given to the Administrator or to the Secretary, and to any alleged
violator of the prohibition, limitation, criterion, or permit; or
(B) if the Attorney General has commenced and is diligently
prosecuting a civil action in a court of the United States to
require compliance with the prohibition, limitation, criterion, or
permit; or
(C) if the Administrator has commenced action to impose a
penalty pursuant to subsection (a) of this section, or if the
Administrator, or the Secretary, has initiated permit revocation or
suspension proceedings under subsection (f) of this section; or
(D) if the United States has commenced and is diligently
prosecuting a criminal action in a court of the United States or a
State to redress a violation of this subchapter.
(3)(A) Any suit under this subsection may be brought in the judicial
district in which the violation occurs.
(B) In any such suit under this subsection in which the United
States is not a party, the Attorney General, at the request of the
Administrator or Secretary, may intervene on behalf of the United States
as a matter of right.
(4) The court, in issuing any final order in any suit brought
pursuant to paragraph (1) of this subsection may award costs of
litigation (including reasonable attorney and expert witness fees) to
any party, whenever the court determines such award is appropriate.
(5) The injunctive relief provided by this subsection shall not
restrict any right which any person (or class of persons) may have under
any statute or common law to seek enforcement of any standard or
limitation or to seek any other relief (including relief against the
Administrator, the Secretary, or a State agency).
(h) Emergencies
No person shall be subject to a civil penalty or to a criminal fine
or imprisonment for dumping materials from a vessel if such materials
are dumped in an emergency to safeguard life at sea. Any such emergency
dumping shall be reported to the Administrator under such conditions as
he may prescribe.
(i) Seizure and forfeiture
(1) In general
Any vessel used to commit an act for which a penalty is imposed
under subsection (b) of this section shall be subject to seizure and
forfeiture to the United States under procedures established for
seizure and forfeiture of conveyances under sections 853 and 881 of
title 21.
(2) Limitation on application
This subsection does not apply to an act committed substantially
in accordance with a compliance agreement or enforcement agreement
entered into by the Administrator under section 1414b(c) of this
title.
(Pub. L. 92-532, title I, Sec. 105, Oct. 23, 1972, 86 Stat. 1057; Pub.
L. 100-688, title III, Sec. 3201(c), (d), Nov. 18, 1988, 102 Stat. 4153;
Pub. L. 102-580, title V, Sec. 508, Oct. 31, 1992, 106 Stat. 4869.)
References in Text
Section 13 of the Federal Water Pollution Control Act, referred to
in subsec. (e), is section 13 of act June 30, 1948, ch. 758, as added by
act Apr. 3, 1970, Pub. L. 91-224, title I, Sec. 102, 84 Stat. 100, which
was classified to section 1163 of this title and was superseded by Pub.
L. 92-500, Oct. 18, 1972, 86 Stat. 816. See section 1322 of this title.
Amendments
1992--Subsec. (b). Pub. L. 102-580, Sec. 508(a), amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows:
``(1) In addition to any action which may be brought under
subsection (a) of this section, a person who knowingly violates this
subchapter, regulations promulgated under this subchapter, or a permit
issued under this subchapter shall be fined not more than $50,000, or
imprisoned for not more than one year, or both.
``(2) In addition to any action which may be brought under
subsection (a) of this section, any person--
``(A) who knowingly violates any provision of this subchapter by
engaging in activity involving the dumping into ocean waters of
medical waste shall upon conviction be fined not more than $250,000,
or imprisoned for not more than 5 years, or both; and
``(B) convicted of a violation involving such activity shall
forfeit to the United States any property constituting or derived
from any proceeds the person obtained, directly or indirectly, as a
result of such violation, and any of the property of the person
which was used, or intended to be used in any manner or part, to
commit or to facilitate the commission of the violation.''
Subsec. (i). Pub. L. 102-508, Sec. 508(b), added subsec. (i).
1988--Subsec. (a). Pub. L. 100-688, Sec. 3201(c), inserted
provisions relating to civil penalty of not more than $125,000 for
engaging in activity involving dumping of medical waste.
Subsec. (b). Pub. L. 100-688, Sec. 3201(d), designated existing
provisions as par. (1) and added par. (2).
Section Referred to in Other Sections
This section is referred to in section 1414c of this title.
