§ 1901. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1901]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33--PREVENTION OF POLLUTION FROM SHIPS
Sec. 1901. Definitions
(a) Unless the context indicates otherwise, as used in this
chapter--
(1) ``Antarctica'' means the area south of 60 degrees south
latitude;
(2) ``Antarctic Protocol'' means the Protocol on Environmental
Protection to the Antarctic Treaty, signed October 4, 1991, in
Madrid, and all annexes thereto, and includes any future amendments
thereto which have entered into force;
(3) ``MARPOL Protocol'' means the Protocol of 1978 relating to
the International Convention for the Prevention of Pollution from
Ships, 1973, and includes the Convention;
(4) ``Convention'' means the International Convention for the
Prevention of Pollution from Ships, 1973, including Protocols I and
II and Annexes I, II, and V thereto, including any modification or
amendments to the Convention, Protocols, or Annexes which have
entered into force for the United States;
(5) ``discharge'' and ``garbage'' and ``harmful substance'' and
``incident'' shall have the meanings provided in the Convention;
(6) ``owner'' means any person holding title to, or in the
absence of title, any other indicia of ownership of, a ship or
terminal, but does not include a person who, without participating
in the management or operation of a ship or terminal, holds indicia
of ownership primarily to protect a security interest in the ship or
terminal;
(7) ``operator'' means--
(a) in the case of a ship, a charterer by demise or any
other person, except the owner, who is responsible for the
operation, manning, victualing, and supplying of the vessel, or
(b) in the case of a terminal, any person, except the owner,
responsible for the operation of the terminal by agreement with
the owner;
(8) ``person'' means an individual, firm, public or private
corporation, partnership, association, State, municipality,
commission, political subdivision of a State, or any interstate
body;
(9) ``Secretary'' means the Secretary of the department in which
the Coast Guard is operating;
(10) ``ship'' means a vessel of any type whatsoever, including
hydrofoils, air-cushion vehicles, submersibles, floating craft
whether self-propelled or not, and fixed or floating platforms;
(11) ``submersible'' means a submarine, or any other vessel
designed to operate under water; and
(12) ``terminal'' means an onshore facility or an offshore
structure located in the navigable waters of the United States or
subject to the jurisdiction of the United States and used, or
intended to be used, as a port or facility for the transfer or other
handling of a harmful substance.
(b) For purposes of this chapter, the requirements of Annex V shall
apply to the navigable waters of the United States, as well as to all
other waters and vessels over which the United States has jurisdiction.
(c) For the purposes of this chapter, the requirements of Annex IV
to the Antarctic Protocol shall apply in Antarctica to all vessels over
which the United States has jurisdiction.
(Pub. L. 96-478, Sec. 2, Oct. 21, 1980, 94 Stat. 2297; Pub. L. 100-220,
title II, Sec. 2101, Dec. 29, 1987, 101 Stat. 1460; Pub. L. 103-160,
div. A, title X, Sec. 1003(f), Nov. 30, 1993, 107 Stat. 1748; Pub. L.
104-227, title II, Sec. 201(a), Oct. 2, 1996, 110 Stat. 3042.)
References in Text
This chapter, referred to in text, was in the original ``this Act'',
meaning Pub. L. 96-478, Oct. 21, 1980, 94 Stat. 2297, known as the ``Act
to Prevent Pollution from Ships''. For complete classification of this
Act to the Code, see Short Title note below and Tables.
Amendments
1996--Subsec. (a). Pub. L. 104-227, Sec. 201(a)(1), (2), added pars.
(1) and (2) and redesignated former pars. (1) to (10) as (3) to (12),
respectively.
Subsec. (c). Pub. L. 104-227, Sec. 201(a)(3), added subsec. (c).
1993--Subsec. (a)(9), (10). Pub. L. 103-160 added par. (9) and
redesignated former par. (9) as (10).
1987--Subsec. (a). Pub. L. 100-220, Sec. 2101(1), designated
existing provisions as subsec. (a).
Subsec. (a)(1). Pub. L. 100-220, Sec. 2101(2), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: `` `MARPOL
Protocol' means the Protocol of 1978 Relating to the International
Convention for the Prevention of Pollution from Ships, 1973, done at
London on February 17, 1978. This Protocol incorporates and modifies the
International Convention for the Prevention of Pollution from Ships,
1973, done at London on November 2, 1973;''.
Subsec. (a)(2). Pub. L. 100-220, Sec. 2101(3), substituted ``Annexes
I, II, and V thereto, including any modification or amendments to the
Convention, Protocols, or Annexes which have entered into force for the
United States'' for ``Annexes I and II attached thereto''.
Subsec. (a)(3). Pub. L. 100-220, Sec. 2101(4), inserted ``and
`garbage' ''.
Subsec. (b). Pub. L. 100-220, Sec. 2101(5), added subsec. (b).
Effective Date of 1987 Amendment
Section 2002 of title II of Pub. L. 100-220 provided that:
``(a) In General.--Except as provided in subsections (b) and (c),
this title [enacting sections 1912 to 1915 of this title, amending this
section and sections 1902, 1903, 1905, and 1907 to 1909 of this title,
and enacting provisions set out as notes under this section, section
2267 of this title, and section 6981 of Title 42, The Public Health and
Welfare] shall be effective on the date on which Annex V to the
International Convention for the Prevention of Pollution from Ships,
1973, enters into force for the United States. [Annex V entered into
force for the United States Dec. 31, 1988.]
``(b) Exceptions.--Sections 2001, 2002, 2003, 2108, 2202, 2203,
2204, and subtitle C of this title [enacting sections 1912, 1914, and
1915 of this title, and provisions set out as notes under this section,
section 2267 of this title, and section 6981 of Title 42] shall be
effective on the date of the enactment of this title [Dec. 29, 1987].
``(c) Issuance of Regulations.--
``(1) In general.--The authority to prescribe regulations
pursuant to this title shall be effective on the date of enactment
of this title [Dec. 29, 1987].
``(2) Effective date of regulations.--Any regulation prescribed
pursuant to this title shall not be effective before the effective
date of the provision of this title under which the regulation is
prescribed.''
Effective Date
Section 14(a), (b) of Pub. L. 96-478 provided:
``(a) Except as provided in subsection (b) of this section, this Act
[see Short Title note below] is effective upon the date of enactment
[Oct. 21, 1980], or on the date the MARPOL Protocol becomes effective as
to the United States, whichever is later. [The MARPOL Protocol became
effective as to the United States Oct. 2, 1983.]
``(b) The Secretary and the heads of Federal departments shall have
the authority to issue regulations, standards, and certifications under
sections 3(c), 3(d), 4(b), 5(a), 6(a), 6(c), and 6(f) [sections 1902(c),
(d), 1903(b), 1904(a), and 1905(a), (c), (f) of this title] effective on
the date of enactment of this Act [Oct. 21, 1980]. Section 13(a)(2)
[amending section 391a(3)(E) of former Title 46, Shipping] is effective
upon the date of enactment of this Act [Oct. 21, 1980].''
Short Title of 1987 Amendment
Section 2001 of title II of Pub. L. 100-220 provided that: ``This
title [see Effective Date of 1987 Amendment note above] may be cited as
the `Marine Plastic Pollution Research and Control Act of 1987'.''
Short Title
Section 1 of Pub. L. 96-478 provided: ``That this Act [enacting this
chapter, amending section 1321 of this title and section 742c(c) of
Title 16, Conservation, and section 391a of former Title 46, Shipping,
repealing sections 1001 to 1011 and 1013 to 1016 of this title, and
enacting provisions set out as notes under section 1001 of this title,
and section 742c of Title 16] may be cited as the `Act to Prevent
Pollution from Ships'.''
Savings Provision: Regulations in Effect Until Superseded
Section 14(c) of Pub. L. 96-478 provided that: ``Any rights or
liabilities existing on the effective date of this Act [see Effective
Date note above] shall not be affected by this enactment [see Short
Title note above]. Any regulations or procedures promulgated or effected
pursuant to the Oil Pollution Act, 1961, as amended [section 1001 et
seq. of this title], remain in effect until modified or superseded by
regulations promulgated under the authority of the MARPOL Protocol or
this Act.''
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Study and Regulation of Great Lakes Cargo Residues
Pub. L. 106-554, Sec. 1(a)(4) [div. A, Sec. 1117(b), (c)], Dec. 21,
2000, 114 Stat. 2763, 2763A-209, provided that:
``(b) The Secretary shall conduct a study of the effectiveness of
the United States 1997 Enforcement Policy for Cargo Residues on the
Great Lakes (`Policy') by September 30, 2002.
``(c) The Secretary is authorized to promulgate regulations to
implement and enforce a program to regulate incidental discharges from
vessels of residues of non-hazardous and non-toxic dry bulk cargo into
the waters of the Great Lakes, which takes into account the finding in
the study required under subsection (b). This program shall be
consistent with the Policy.''
Certain Alaskan Cruise Ship Operations
Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XIV], Dec. 21, 2000,
114 Stat. 2763, 2763A-315, provided that:
``SEC. 1401. PURPOSE.
``The purpose of this title is to:
``(1) Ensure that cruise vessels operating in the waters of the
Alexander Archipelago and the navigable waters of the United States
within the State of Alaska and within the Kachemak Bay National
Estuarine Research Reserve comply with all applicable environmental
laws, including, but not limited to, the Federal Water Pollution
Control Act, as amended (33 U.S.C. 1251 et seq.), the Act to Prevent
Pollution from Ships, as amended (33 U.S.C. 1901 et seq.), and the
protections contained within this title.
``(2) Ensure that cruise vessels do not discharge untreated
sewage within the waters of the Alexander Archipelago, the navigable
waters of the United States in the State of Alaska, or within the
Kachemak Bay National Estuarine Research Reserve.
``(3) Prevent the unregulated discharge of treated sewage and
graywater while in ports in the State of Alaska or traveling near
the shore in the Alexander Archipelago and the navigable waters of
the United States in the State of Alaska or within the Kachemak Bay
National Estuarine Research Reserve.
``(4) Ensure that discharges of sewage and graywater from cruise
vessels operating in the Alexander Archipelago and the navigable
waters of the United States in the State of Alaska or within the
Kachemak Bay National Estuarine Research Reserve can be monitored
for compliance with the requirements contained in this title.
``SEC. 1402. APPLICABILITY.
``This title applies to all cruise vessels authorized to carry 500
or more passengers for hire.
``SEC. 1403. PROHIBITION ON DISCHARGE OF UNTREATED SEWAGE.
``No person shall discharge any untreated sewage from a cruise
vessel into the waters of the Alexander Archipelago or the navigable
waters of the United States within the State of Alaska or within the
Kachemak Bay National Estuarine Research Reserve.
``SEC. 1404. LIMITATIONS ON DISCHARGE OF TREATED SEWAGE OR GRAYWATER.
``(a) No person shall discharge any treated sewage or graywater from
a cruise vessel into the waters of the Alexander Archipelago or the
navigable waters of the United States within the State of Alaska or
within the Kachemak Bay National Estuarine Research Reserve unless--
``(1) the cruise vessel is underway and proceeding at a speed of
not less than six knots;
``(2) the cruise vessel is not less than one nautical mile from
the nearest shore, except in areas designated by the Secretary, in
consultation with the State of Alaska;
``(3) the discharge complies with all applicable cruise vessel
effluent standards established pursuant to this title and any other
applicable law; and
``(4) the cruise vessel is not in an area where the discharge of
treated sewage or graywater is prohibited.
``(b) The Administrator, in consultation with the Secretary, may
promulgate regulations allowing the discharge of treated sewage or
graywater, otherwise prohibited under paragraphs (a)(1) and (a)(2) of
this section, where the discharge meets effluent standards determined by
the Administrator as appropriate for discharges into the marine
environment. In promulgating such regulations, the Administrator shall
take into account the best available scientific information on the
environmental effects of the regulated discharges. The effluent
discharge standards promulgated under this section shall, at a minimum,
be consistent with all relevant State of Alaska water quality standards
in force at the time of the enactment of this title [Dec. 21, 2000].
``(c) Until such time as the Administrator promulgates regulations
under paragraph (b) of this section, treated sewage and graywater may be
discharged from vessels subject to this title in circumstances otherwise
prohibited under paragraphs (a)(1) and (a)(2) of this section, provided
that--
``(1) the discharge satisfies the minimum level of effluent
quality specified in 40 CFR 133.102, as in effect on the date of
enactment of this section [Dec. 21, 2000];
``(2) the geometric mean of the samples from the discharge
during any 30-day period does not exceed 20 fecal coliform/100 ml
and not more than 10 percent of the samples exceed 40 fecal
coliform/100 ml;
``(3) concentrations of total residual chlorine may not exceed
10.0 mg/l; and
``(4) prior to any such discharge occurring, the owner, operator
or master, or other person in charge of a cruise vessel, can
demonstrate test results from at least five samples taken from the
vessel representative of the effluent to be discharged, on different
days over a 30-day period, conducted in accordance with the
guidelines promulgated by the Administrator in 40 CFR Part 136,
which confirm that the water quality of the effluents proposed for
discharge is in compliance with paragraphs (1), (2), and (3) of this
subsection. To the extent not otherwise being done by the owner,
operator, master or other person in charge of a cruise vessel
pursuant to section 1406, the owner, operator, master or other
person in charge of a cruise vessel shall demonstrate continued
compliance through periodic sampling. Such sampling and test results
shall be considered environmental compliance records that must be
made available for inspection pursuant to section 1406(d) of this
title.
``SEC. 1405. SAFETY EXCEPTION.
``Sections 1403 and 1404 of this title shall not apply to discharges
made for the purpose of securing the safety of the cruise vessel or
saving life at sea, provided that all reasonable precautions have been
taken for the purpose of preventing or minimizing the discharge.
``SEC. 1406. INSPECTION AND SAMPLING REGIME.
``(a) The Secretary shall incorporate into the commercial vessel
examination program an inspection regime sufficient to verify that
cruise vessels visiting ports in the State of Alaska or operating in the
waters of the Alexander Archipelago or the navigable waters of the
United States within the State of Alaska or within the Kachemak Bay
National Estuarine Research Reserve are in full compliance with this
title, the Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.],
as amended, and any regulations issued thereunder, other applicable
Federal laws and regulations, and all applicable international treaty
requirements.
``(b) The inspection regime shall, at a minimum, include--
``(1) examination of environmental compliance records and
procedures; and
``(2) inspection of the functionality and proper operation of
installed equipment for abatement and control of any discharge.
``(c) The inspection regime may--
``(1) include unannounced inspections of any aspect of cruise
vessel operations, equipment or discharges pertinent to the
verification under subsection (a) of this section; and
``(2) require the owner, operator or master, or other person in
charge of a cruise vessel subject to this title to maintain and
produce a logbook detailing the times, types, volumes or flow rates
and locations of any discharges of sewage or graywater under this
title.
``(d) The inspection regime shall incorporate a plan for sampling
and testing cruise vessel discharges to ensure that any discharges of
sewage or graywater are in compliance with this title, the Federal Water
Pollution Control Act [33 U.S.C. 1251 et seq.], as amended, and any
other applicable laws and regulations, and may require the owner,
operator or master, or other person in charge of a cruise vessel subject
to this title to conduct such samples or tests, and to produce any
records of such sampling or testing at the request of the Secretary or
Administrator.
``SEC. 1407. CRUISE VESSEL EFFLUENT STANDARDS.
``Pursuant to this title and the authority of the Federal Water
Pollution Control Act [33 U.S.C. 1251 et seq.], as amended, the
Administrator may promulgate effluent standards for treated sewage and
graywater from cruise vessels operating in the waters of the Alexander
Archipelago or the navigable waters of the United States within the
State of Alaska or within the Kachemak Bay National Estuarine Research
Reserve. Regulations implementing such standards shall take into account
the best available scientific information on the environmental effects
of the regulated discharges and the availability of new technologies for
wastewater treatment. Until such time as the Administrator promulgates
such effluent standards, treated sewage effluent discharges shall not
have a fecal coliform bacterial count of greater than 200 per 100
milliliters nor suspended solids greater than 150 milligrams per liter.
``SEC. 1408. REPORTS.
``(a) Any owner, operator or master, or other person in charge of a
cruise vessel who has knowledge of a discharge from the cruise vessel in
violation of section 1403 or 1404 or pursuant to section 1405 of this
title, or any regulations promulgated thereunder, shall immediately
report that discharge to the Secretary, who shall provide a copy to the
Administrator upon request.
``(b) The Secretary may prescribe the form of reports required under
this section.
``SEC. 1409. ENFORCEMENT.
``(a) Administrative Penalties.--
``(1) Violations.--Any person who violates section 1403, 1404,
1408, or 1413 of this title, or any regulations promulgated pursuant
to this title may be assessed a class I or class II civil penalty by
the Secretary or Administrator.
``(2) Classes of penalties.--
``(A) Class i.--The amount of a class I civil penalty under
this section may not exceed $10,000 per violation, except that
the maximum amount of any class I civil penalty under this
section shall not exceed $25,000. Before assessing a civil
penalty under this clause, the Secretary or Administrator, as
the case may be, shall give to the person to be assessed such
penalty written notice of the Secretary's or Administrator's
proposal to assess the penalty and the opportunity to request,
within 30 days of the date the notice is received by such
person, a hearing on the proposed penalty. Such hearing shall
not be subject to section 554 or 556 of title 5, but shall
provide a reasonable opportunity to be heard and to present
evidence.
``(B) Class ii.--The amount of a class II civil penalty
under this section may not exceed $10,000 per day for each day
during which the violation continues, except that the maximum
amount of any class II civil penalty under this section shall
not exceed $125,000. Except as otherwise provided in this
subsection, a class II civil penalty shall be assessed and
collected in the same manner, and subject to the same provisions
as in the case of civil penalties assessed and collected after
notice and an opportunity for a hearing on the record in
accordance with section 554 of title 5, United States Code. The
Secretary and Administrator may issue rules for discovery
procedures for hearings under this paragraph.
``(3) Rights of interested persons.--
``(A) Public notice.--Before issuing an order assessing a
class II civil penalty under this section, the Secretary or
Administrator, as the case may be, shall provide public notice
of and reasonable opportunity to comment on the proposed
issuance of each order.
``(B) Presentation of evidence.--Any person who comments on
a proposed assessment of a class II civil penalty under this
section shall be given notice of any hearing held under this
paragraph and of the order assessing such penalty. In any
hearing held under this paragraph, such person shall have a
reasonable opportunity to be heard and present evidence.
``(C) Rights of interested persons to a hearing.--If no
hearing is held under subsection (2) before issuance of an order
assessing a class II civil penalty under this section, any
person who commented on the proposed assessment may petition,
within 30 days after the issuance of such order, the
Administrator or Secretary, as the case may be, to set aside
such order and to provide a hearing on the penalty. If the
evidence presented by the petitioner in support of the petition
is material and was not considered in the issuance of the order,
the Administrator or Secretary shall immediately set aside such
order and provide a hearing in accordance with subsection
(2)(B). If the Administrator or Secretary denies a hearing under
this clause, the Administrator or Secretary shall provide to the
petitioner, and publish in the Federal Register, notice of and
the reasons for such denial.
``(4) Finality of order.--An order assessing a class II civil
penalty under this paragraph shall become final 30 days after its
issuance unless a petition for judicial review is filed under
subparagraph (6) or a hearing is requested under subsection (3)(C).
If such a hearing is denied, such order shall become final 30 days
after such denial.
``(5) Effect of action on compliance.--No action by the
Administrator or Secretary under this paragraph shall affect any
person's obligation to comply with any section of this title.
``(6) Judicial review.--Any person against whom a civil penalty
is assessed under this paragraph or who commented on the proposed
assessment of such penalty in accordance with subsection (3) may
obtain review of such assessment--
``(A) in the case of assessment of a class I civil penalty,
in the United States District Court for the District of Columbia
or in the District of Alaska; or
``(B) in the case of assessment of a class II civil penalty,
in 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, by filing a notice of appeal in
such court within the 30-day period beginning on the date the
civil penalty order is issued and by simultaneously sending a
copy of such notice by certified mail to the Administrator or
Secretary, as the case may be, and the Attorney General. The
Administrator or Secretary shall promptly file in such court a
certified copy of the record on which the order was issued. Such
court shall not set aside or remand such order unless there is
not substantial evidence in the record, taken as a whole, to
support the finding of a violation or unless the Administrator's
or Secretary's assessment of the penalty constitutes an abuse of
discretion and shall not impose additional civil penalties for
the same violation unless the Administrator's or Secretary's
assessment of the penalty constitutes an abuse of discretion.
``(7) Collection.--If any person fails to pay an assessment of a
civil penalty--
``(A) after the assessment has become final, or
``(B) after a court in an action brought under subsection
(6) has entered a final judgment in favor of the Administrator
or Secretary, as the case may be, the Administrator or Secretary
shall request the Attorney General to bring a civil action in an
appropriate district court to recover the amount assessed (plus
interest at currently prevailing rates from the date of the
final order or the date of the final judgment, as the case may
be). In such an action, the validity, amount, and
appropriateness of such penalty shall not be subject to review.
Any person who fails to pay on a timely basis the amount of an
assessment of a civil penalty as described in the first sentence
of this subparagraph shall be required to pay, in addition to
such amount and interest, attorneys fees and costs for
collection proceedings and a quarterly nonpayment penalty for
each quarter during which such failure to pay persists. Such
nonpayment penalty shall be in an amount equal to 20 percent of
the aggregate amount of such person's penalties and nonpayment
penalties which are unpaid as of the beginning of such quarter.
``(8) Subpoenas.--The Administrator or Secretary, as the case
may be, may issue subpoenas for the attendance and testimony of
witnesses and the production of relevant papers, books, or documents
in connection with hearings under this section. In case of contumacy
or refusal to obey a subpoena issued pursuant to this subsection and
served upon any person, the district court of the United States for
any district in which such person is found, resides, or transacts
business, upon application by the United States and after notice to
such person, shall have jurisdiction to issue an order requiring
such person to appear and give testimony before the Administrator or
Secretary or to appear and produce documents before the
Administrator or Secretary, or both, and any failure to obey such
order of the court may be punished by such court as a contempt
thereof.
``(b) Civil Penalties.--
``(1) In general.--Any person who violates section 1403, 1404,
1408, or 1413 of this title, or any regulations promulgated pursuant
to this title shall be subject to a civil penalty not to exceed
$25,000 per day for each violation. Each day a violation continues
constitutes a separate violation.
``(2) Jurisdiction.--An action to impose a civil penalty under
this section may be brought in the district court of the United
States for the district in which the defendant is located, resides,
or transacts business, and such court shall have jurisdiction to
assess such penalty.
``(3) Limitation.--A person is not liable for a civil judicial
penalty under this paragraph for a violation if the person has been
assessed a civil administrative penalty under paragraph (a) for the
violation.
``(c) Determination of Amount.--In determining the amount of a civil
penalty under paragraphs (a) or (b) of this section, the court, the
Secretary or the Administrator, as the case may be, shall consider the
seriousness of the violation or violations, the economic benefit (if
any) resulting from the violation, any history of such violations, any
good-faith efforts to comply with the applicable requirements, the
economic impact of the penalty on the violator, and other such matters
as justice may require.
``(d) Criminal Penalties.--
``(1) Negligent violations.--Any person who negligently violates
section 1403, 1404, 1408, or 1413 of this title, or any regulations
promulgated pursuant to this title commits a Class A misdemeanor.
``(2) Knowing violations.--Any person who knowingly violates
section 1403, 1404, 1408, or 1413 of this title, or any regulations
promulgated pursuant to this title commits a Class D felony.
``(3) False statements.--Any person who knowingly makes any
false statement, representation, or certification in any record,
report or other document filed or required to be maintained under
this title or the regulations issued thereunder, or who falsifies,
tampers with, or knowingly renders inaccurate any testing or
monitoring device or method required to be maintained under this
title, or the regulations issued thereunder, commits a Class D
felony.
``(e) Awards.--
``(1) The Secretary, the Administrator, or the court, when
assessing any fines or civil penalties, as the case may be, may pay
from any fines or civil penalties collected under this section an
amount not to exceed one-half of the penalty or fine collected, to
any individual who furnishes information which leads to the payment
of the penalty or fine. If several individuals provide such
information, the amount shall be divided equitably among such
individuals. No officer or employee of the United States, the State
of Alaska or any federally recognized Tribe who furnishes
information or renders service in the performance of his or her
official duties shall be eligible for payment under this subsection.
``(2) The Secretary, Administrator or the court, when assessing
any fines or civil penalties, as the case may be, may pay, from any
fines or civil penalties collected under this section, to the State
of Alaska or to any federally recognized Tribe providing information
or investigative assistance which leads to payment of the penalty or
fine, an amount which reflects the level of information or
investigative assistance provided. Should the State of Alaska or a
federally recognized Tribe and an individual under paragraph (1) of
this section be eligible for an award, the Secretary, the
Administrator, or the court, as the case may be, shall divide the
amount equitably.
``(f) Liability in Rem.--A cruise vessel operated in violation of
this title or the regulations issued thereunder is liable in rem for any
fine imposed under subsection (d) of this section or for any civil
penalty imposed under subsections (a) or (b) of this section, and may be
proceeded against in the United States district court of any district in
which the cruise vessel may be found.
``(g) Compliance Orders.--
``(1) In general.--Whenever on the basis of any information
available to him the Administrator finds that any person is in
violation of section 1403, 1404, 1408, or 1413 of this title, or any
regulations promulgated pursuant to this title, the Administrator
shall issue an order requiring such person to comply with such
section or requirement, or shall bring a civil action in accordance
with subsection (b).
``(2) Copies of orders, service.--A copy of any order issued
under this subsection shall be sent immediately by the Administrator
to the State of Alaska. In any case in which an order under this
subsection is issued to a corporation, a copy of such order shall be
served on any appropriate corporate officer. Any order issued under
this subsection shall be by personal service, shall state with
reasonable specificity the nature of the violation, and shall
specify a time for compliance not to exceed 30 days in the case of a
violation of an interim compliance schedule or operation and
maintenance requirement and not to exceed a time the Administrator
determines to be reasonable in the case of a violation of a final
deadline, taking into account the seriousness of the violation and
any good faith efforts to comply with applicable requirements.
``(h) Civil Actions.--The Administrator is authorized to commence a
civil action for appropriate relief, including a permanent or temporary
injunction, for any violation for which he is authorized to issue a
compliance order under this subsection. Any action under subsection (h)
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 and to require compliance. Notice of the commencement of such
action shall be given immediately to the State of Alaska.
``SEC. 1410. DESIGNATION OF CRUISE VESSEL NO-DISCHARGE ZONES.
``If the State of Alaska determines that the protection and
enhancement of the quality of some or all of the waters of the Alexander
Archipelago or the navigable waters of the United States within the
State of Alaska or within the Kachemak Bay National Estuarine Research
Reserve require greater environmental protection, the State of Alaska
may petition the Administrator to prohibit the discharge of graywater
and sewage from cruise vessels operating in such waters. The
establishment of such a prohibition shall be achieved in the same manner
as the petitioning process and prohibition of the discharge of sewage
pursuant to section 312(f) of the Federal Water Pollution Control Act
[33 U.S.C. 1322(f)], as amended, and the regulations promulgated
thereunder.
``SEC. 1411. SAVINGS CLAUSE.
``(a) Nothing in this title shall be construed as restricting,
affecting, or amending any other law or the authority of any department,
instrumentality, or agency of the United States.
``(b) Nothing in this title shall in any way affect or restrict, or
be construed to affect or restrict, the authority of the State of Alaska
or any political subdivision thereof--
``(1) to impose additional liability or additional requirements;
or
``(2) to impose, or determine the amount of a fine or penalty
(whether criminal or civil in nature) for any violation of law;
relating to the discharge of sewage (whether treated or untreated)
or graywater in the waters of the Alexander Archipelago and the
navigable waters of the United States within the State of Alaska or
within the Kachemak Bay National Estuarine Research Reserve.
``SEC. 1412. REGULATIONS.
``The Secretary and the Administrator each may prescribe any
regulations necessary to carry out the provisions of this title.
``SEC. 1413. INFORMATION GATHERING AUTHORITY.
``The authority of sections 308(a) and (b) of the Federal Water
Pollution Control Act [33 U.S.C. 1318(a), (b)], as amended, shall be
available to the Administrator to carry out the provisions of this
title. The Administrator and the Secretary shall minimize, to the extent
practicable, duplication of or inconsistency with the inspection,
sampling, testing, recordkeeping, and reporting requirements established
by the Secretary under section 1406 of this title.
``SEC. 1414. DEFINITIONS.
``In this title:
``(1) Administrator.--The term `Administrator' means the
Administrator of the United States Environmental Protection Agency.
``(2) Cruise vessel.--The term `cruise vessel' means a passenger
vessel as defined in section 2101(22) of title 46, United States
Code. The term `cruise vessel' does not include a vessel of the
United States operated by the Federal Government or a vessel owned
and operated by the government of a State.
``(3) Discharge.--The term `discharge' means any release however
caused from a cruise vessel, and includes any escape, disposal,
spilling, leaking, pumping, emitting, or emptying.
``(4) Graywater.--The term `graywater' means only galley,
dishwasher, bath, and laundry waste water. The term does not include
other wastes or waste streams.
``(5) Navigable waters.--The term `navigable waters' has the
same meaning as in section 502 of the Federal Water Pollution
Control Act [33 U.S.C. 1362], as amended.
``(6) Person.--The term `person' means an individual,
corporation, partnership, limited liability company, association,
State, municipality, commission, or political subdivision of a
State, or any federally recognized tribe.
``(7) Secretary.--The term `Secretary' means the Secretary of
the department in which the United States Coast Guard is operating.
``(8) Sewage.--The term `sewage' means human body wastes and the
wastes from toilets and other receptacles intended to receive or
retain body waste.
``(9) Treated sewage.--The term `treated sewage' means sewage
meeting all applicable effluent limitation standards and processing
requirements of the Federal Water Pollution Control Act [33 U.S.C.
1251 et seq.], as amended[,] and of this title, and regulations
promulgated under either.
``(10) Untreated sewage.--The term `untreated sewage' means
sewage that is not treated sewage.
``(11) Waters of the Alexander Archipelago.--The term `waters of
the Alexander Archipelago' means all waters under the sovereignty of
the United States within or near Southeast Alaska, beginning at a
point 5811'41''N, 13639'25''W [near Cape Spencer Light], thence
southeasterly along a line three nautical miles seaward of the
baseline from which the breadth of the territorial sea is measured
in the Pacific Ocean and the Dixon Entrance, except where this line
intersects geodesics connecting the following five pairs of points:
``(1) 5805'17''N, 13633'49''W and 5811'41''N,
13639'25''W [Cross Sound].
``(2) 5609'40''N, 13440'00''W and 5549'15''N,
13417'40''W [Chatham Strait].
``(3) 5549'15''N, 13417'40''W and 5550'30''N,
13354'15''W [Sumner Strait].
``(4) 5441'30''N, 13201'00''W and 5451'30''N,
13120'45''W [Clarence Strait].
``(5) 5451'30''N, 13120'45''W and 5446'15''N,
13052'00''W [Revillagigedo Channel].
``The portion of each such geodesic situated beyond three nautical
miles from the baseline from which the breadth of the territorial sea is
measured forms the outer limit of the waters of the Alexander
Archipelago in those five locations.''
Preemption; Additional State Requirements
Section 2003 of title II of Pub. L. 100-220 provided that:
``(a) Preemption.--Except as specifically provided in this title
[see Effective Date of 1987 Amendment note above], nothing in this title
shall be interpreted or construed to supersede or preempt any other
provision of Federal or State law, either statutory or common.
``(b) Additional State Requirements.--Nothing in this title shall be
construed or interpreted as preempting any State from imposing any
additional requirements.''
