§ 1514. — Remedies.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1514]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 29--DEEPWATER PORTS
Sec. 1514. Remedies
(a) Criminal penalties
Any person who willfully violates any provision of this chapter or
any rule, order, or regulation issued pursuant thereto commits a class A
misdemeanor for each day of violation.
(b) Orders of compliance; Attorney General's civil action; jurisdiction
and venue
(1) Whenever on the basis of any information available to him the
Secretary finds that any person is in violation of any provision of this
chapter or any rule, regulation, order, license, or condition thereof,
or other requirements under this chapter, he shall issue an order
requiring such person to comply with such provision or requirement, or
he shall bring a civil action in accordance with paragraph (3) of this
subsection.
(2) Any order issued under this subsection shall state with
reasonable specificity the nature of the violation and a time for
compliance, not to exceed thirty days, which the Secretary determines is
reasonable, taking into account the seriousness of the violation and any
good faith efforts to comply with applicable requirements.
(3) Upon a request by the Secretary, the Attorney General shall
commence a civil action for appropriate relief, including a permanent or
temporary injunction or a civil penalty not to exceed $25,000 per day of
such violation, for any violation for which the Secretary is authorized
to issue a compliance order under paragraph (1) of this subsection. Any
action under this subsection may be brought in the district court of the
United States for the district in which the defendant is located or
resides, or is doing business, and such court shall have jurisdiction to
restrain such violation, require compliance, or impose such penalty.
(c) Attorney General's action for equitable relief; scope of relief
Upon a request by the Secretary, the Attorney General shall bring an
action in an appropriate district court of the United States for
equitable relief to redress a violation by any person of any provision
of this chapter, any regulation under this chapter, or any license
condition. The district courts of the United States shall have
jurisdiction to grant such relief as is necessary or appropriate,
including mandatory or prohibitive injunctive relief, interim equitable
relief, compensatory damages, and punitive damages.
(d) Vessels; liability in rem; exempt vessels; consent or privy of
owners or bareboat charterers
Any vessel, except a public vessel engaged in noncommercial
activities, used in a violation of this chapter or of any rule or
regulation issued pursuant to this chapter, 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.
(Pub. L. 93-627, Sec. 15, Jan. 3, 1975, 88 Stat. 2140; Pub. L. 101-380,
title IV, Sec. 4302(m), Aug. 18, 1990, 104 Stat. 539.)
Amendments
1990--Subsec. (a). Pub. L. 101-380 substituted ``commits a class A
misdemeanor for each day of violation'' for ``shall on conviction be
fined not more than $25,000 for each day of violation or imprisoned for
not more than 1 year, or both''.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-380 applicable to incidents occurring after
Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an
Effective Date note under section 2701 of this title.
Deposit of Certain Penalties Into Oil Spill Liability Trust Fund
Penalties paid pursuant to this chapter and sections 1319(c) and
1321 of this title to be deposited in the Oil Spill Liability Trust Fund
created under section 9509 of Title 26, Internal Revenue Code, see
section 4304 of Pub. L. 101-380, set out as a note under section 9509 of
Title 26.
