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33 U.S.C. § 2719 — State financial responsibility

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2719 — State financial responsibility

A State may enforce, on the navigable waters of the State, the requirements for evidence of financial responsibility under [section 2716 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2716&num=0&edition=prelim).

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Source location: Title 33, Chapter 40, § 2719; chapter-040-oil-pollution.md

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2716 — Financial responsibility

**(a) Requirement** The responsible party for— (1) any vessel over 300 gross tons (except a non-self-propelled vessel that does not carry oil as cargo or fuel) using any place subject to the jurisdiction of the United States; (2) any vessel using the waters of the exclusive economic zone to transship or lighter oil destined for a place subject to the jurisdiction of the United States; or (3) any tank vessel over 100 gross tons using any place subject to the jurisdiction of the United States; shall establish and maintain, in accordance with regulations promulgated by the Secretary, evidence of financial responsibility sufficient to meet the maximum amount of liability to which the responsible party could be subjected under section 2704(a) or (d) of this title, in a case where the responsible party would be entitled to limit liability under that section. If the responsible party owns or operates more than one vessel, evidence of financial responsibility need be established only to meet the amount of the maximum liability applicable to the vessel having the greatest maximum liability. **(b) Sanctions** (1) **Withholding clearance** — The Secretary of the Treasury shall withhold or revoke the clearance required by [section 60105 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section60105&num=0&edition=prelim) of any vessel subject to this section that does not have the evidence of financial responsibility required for the vessel under this section. (2) **Denying entry to or detaining vessels** — The Secretary may— (A) deny entry to any vessel to any place in the United States, or to the navigable waters, or (B) detain at the place, any vessel that, upon request, does not produce the evidence of financial responsibility requir

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2719 — State financial responsibility

Page 896 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2718 1 See References in Text note below. (3) Contribution No action for contribution for any removal costs or damages may be commenced more than 3 years after— (A) the date of judgment in any action under this Act for recovery of such costs or damages, or (B) the date of entry of a judicially ap- proved settlement with respect to such costs or damages. (4) Subrogation No action based on rights subrogated pursu- ant to this Act by reason of payment of a claim may be commenced under this Act more than 3 years after the date of payment of such claim. (5) Commencement The time limitations contained herein shall not begin to run— (A) against a minor until the earlier of the date when such minor reaches 18 years of age or the date on which a legal representative is duly appointed for such minor, or (B) against an incompetent person until the earlier of the date on which such incompetent’s incompetency ends or the date on which a legal representative is duly appointed for such incompetent. (Pub. L. 101–380, title I, § 1017, Aug. 18, 1990, 104 Stat. 504.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a), (b), (c), and (f), is Pub. L. 101–380, Aug. 18, 1990, 104 Stat. 484, known as the Oil Pollution Act of 1990, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables. § 2718. Relationship to other law (a) Preservation of State authorities; Solid Waste Disposal Act Nothing in this Act or the Act of March 3, 1851 shall— (1) affect, or be construed or interpreted as preempting, the authority of any State or po- litical subdivision thereof from imposi

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