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33 U.S.C. § 1417 — Penalties
Federal law — U.S. Code and appendices · legal_authorities
**(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)—
(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
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**(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)—
(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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1414b/c&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Dangers of unregulated dumping** Unregulated dumping of material into ocean waters endangers human health, welfare, and amenities, and the marine environment, ecological systems, and economic potentialities.
**(b) Policy of regulation and prevention or limitation** The Congress declares that it is the policy of the United States to regulate the dumping of all types of materials into ocean waters and to prevent or strictly limit the dumping into ocean waters of any material which would adversely affect human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities.
**(c) Regulation of dumping and transportation for dumping purposes** It is the purpose of this Act to regulate (1) the transportation by any person of material from the United States and, in the case of United States vessels, aircraft, or agencies, the transportation of material from a location outside the United States, when in either case the transportation is for the purpose of dumping the material into ocean waters, and (2) the dumping of material transported by any person from a location outside the United States, if the dumping occurs in the territorial sea or the contiguous zone of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section, the term—
(1) “new vessel” includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on the navigable waters, the construction of which is initiated after promulgation of standards and regulations under this section;
(2) “existing vessel” includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on the navigable waters, the construction of which is initiated before promulgation of standards and regulations under this section;
(3) “public vessel” means a vessel owned or bareboat chartered and operated by the United States, by a State or political subdivision thereof, or by a foreign nation, except when such vessel is engaged in commerce;
(4) “United States” includes the States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Canal Zone, and the Trust Territory of the Pacific Islands;
(5) “marine sanitation device” includes any equipment for installation on board a vessel which is designed to receive, retain, treat, or discharge sewage, and any process to treat such sewage;
(6) “sewage” means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes except that, with respect to commercial vessels on the Great Lakes, such term shall include graywater;
(7) “manufacturer” means any person engaged in the manufacturing, assembling, or importation of marine sanitation devices, marine pollution control device equipment, or vessels subject to standards and regulations promulgated under this section;
(8) “person” means an individual, partnership, firm, corporation, association, or
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Federal law — U.S. Code and appendices · legal_authorities
Page 622
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1417
3345; Pub. L. 99–499, title I, § 127(d), Oct. 17, 1986,
100 Stat. 1693; Pub. L. 101–596, title II, § 203, Nov.
16, 1990, 104 Stat. 3006; Pub. L. 102–580, title V,
§ 505, Oct. 31, 1992, 106 Stat. 4867.)
Editorial Notes
REFERENCES IN TEXT
The effective date of this subchapter, referred to in
subsecs. (a) and (b), means the effective date of title I
of Pub. L. 92–532, which is six months after Oct. 23, 1972.
See section 110(a) of Pub. L. 92–532, set out as an Effec-
tive Date note under section 1411 of this title.
The Rivers and Harbors Act of 1899, referred to in sub-
sec. (b), probably means the Act popularly known as
the Rivers and Harbors Appropriation Act of 1899, act
Mar. 3, 1899, ch. 425, 30 Stat. 1151, which enacted sec-
tions 401, 403, 404, 406 to 409, 411 to 416, 418, 502, 549, 686,
and 687 of this title. For complete classification of this
Act to the Code, see Tables.
The Fish and Wildlife Coordination Act as amended
(16 U.S.C. 661–666c), referred to in subsec. (e), is act
Mar. 10, 1934, ch. 55, 48 Stat. 401, which is classified gen-
erally to sections 661 to 666c–1 of Title 16, Conservation.
For complete classification of this Act to the Code, see
section 661(a) of Title 16, Short Title note set out under
section 661 of Title 16, and Tables.
This Act, referred to in subsec. (g), means Pub. L.
92–532, which is classified generally to this chapter,
chapter 41 (§ 2801 et seq.) of this title, and chapters 32
(§ 1431 et seq.) and 32A (§ 1447 et seq.) of Title 16.
AMENDMENTS
1992—Subsec. (d). Pub. L. 102–580 amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as fol-
lows: ‘‘After the effective date of this subchapter, no
State shall adopt or enforce any rule or regula
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