§ 1656. — Civil 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: 43USC1656]
TITLE 43--PUBLIC LANDS
CHAPTER 34--TRANS-ALASKA PIPELINE
Sec. 1656. Civil penalties
(a) Penalty
Except as provided in subsection (c)(4) of this section, the
Secretary of the Interior may assess and collect a civil penalty under
this section with respect to any discharge of oil--
(1) in transit from fields or reservoirs supplying oil to the
trans-Alaska pipeline; or
(2) during transportation through the trans-Alaska pipeline or
handling at the terminal facilities, that causes damage to, or
threatens to damage, natural resources or public or private
property.
(b) Persons liable
In addition to the person causing or permitting the discharge, the
owner or owners of the oil at the time the discharge occurs shall be
jointly, severally, and strictly liable for the full amount of penalties
assessed pursuant to this section, except that the United States and the
several States, and political subdivisions thereof, shall not be liable
under this section.
(c) Amount
(1) The amount of the civil penalty shall not exceed $1,000 per
barrel of oil discharged.
(2) In determining the amount of civil penalty under this section,
the Secretary shall consider the seriousness of the damages from the
discharge, the cause of the discharge, any history of prior violations
of applicable rules and laws, and the degree of success of any efforts
by the violator to minimize or mitigate the effects of such discharge.
(3) The Secretary may reduce or waive the penalty imposed under this
section if the discharge was solely caused by an act of war, act of God,
or third party action beyond the control of the persons liable under
this section.
(4) No civil penalty assessed by the Secretary pursuant to this
section shall be in addition to a penalty assessed pursuant to section
1321(b) of title 33.
(d) Procedures
A civil penalty may be assessed and collected under this section
only after notice and opportunity for a hearing on the record in
accordance with section 554 of title 5. In any proceeding for the
assessment of a civil penalty under this section, the Secretary may
issue subpoenas for the attendance and testimony of witnesses and the
production of relevant papers, books, and documents and may promulgate
rules for discovery procedures. Any person who requested a hearing with
respect to a civil penalty under this subsection and who is aggrieved by
an order assessing the civil penalty may file a petition for judicial
review of such order with the United States Court of Appeals for the
District of Columbia circuit or for any other circuit in which such
person resides or transacts business. Such a petition may only be filed
within the 30-day period beginning on the date the order making such
assessment was issued.
(e) State law
(1) Nothing in this section shall be construed or interpreted as
preempting any State or political subdivision thereof from imposing any
additional liability or requirements with respect to the discharge, or
threat of discharge, of oil or other pollution by oil.
(2) Nothing in this section shall affect or modify in any way the
obligations or liabilities of any person under other Federal or State
law, including common law, with respect to discharges of oil.
(Pub. L. 93-153, title II, Sec. 207, as added Pub. L. 101-380, title
VIII, Sec. 8202, Aug. 18, 1990, 104 Stat. 571.)
Effective Date
Section applicable to incidents occurring after Aug. 18, 1990, see
section 1020 of Pub. L. 101-380, set out as a note under section 2701 of
Title 33, Navigation and Navigable Waters.
Section Referred to in Other Sections
This section is referred to in title 26 section 9509.
