33 U.S.C. § 2716a — Financial responsibility civil penalties

Page 895 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2717 § 2716a. Financial responsibility civil penalties (a) Administrative Any person who, after notice and an oppor- tunity for a hearing, is found to have failed to comply with the requirements of section 2716 of this title or the regulations issued under that section, or with a denial or detention order issued under subsection (b)(2) of that section, shall be liable to the United States for a civil penalty, not to exceed $25,000 per day of viola- tion. The amount of the civil penalty shall be assessed by the President by written notice. In determining the amount of the penalty, the President shall take into account the nature, circumstances, extent, and gravity of the viola- tion, the degree of culpability, any history of prior violation, ability to pay, and such other matters as justice may require. The President may compromise, modify, or remit, with or without conditions, any civil penalty which is subject to imposition or which had been imposed under this paragraph. If any person fails to pay an assessed civil penalty after it has become final, the President may refer the matter to the Attorney General for collection. (b) Judicial In addition to, or in lieu of, assessing a pen- alty under subsection (a), the President may re- quest the Attorney General to secure such relief as necessary to compel compliance with section 2716 of this title, including a judicial order ter- minating operations. The district courts of the United States shall have jurisdiction to grant any relief as the public interest and the equities of the case may require. (Pub. L. 101–380, title IV, § 4303, Aug. 18, 1990, 104 Stat. 539; Pub. L. 115–232, div. C, title XXXV, § 3547(d), Aug. 13, 2018, 132 Stat. 2328.) Editorial Notes CODIFICATION Section was not enacted as part of title I of Pub. L. 101–380 which comprises this subchapter. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–232, § 3547(d)(1), sub- stituted ‘‘subsection (b)(2)’’ for ‘‘subsection (c)(2)’’. Subsec. (b). Pub. L. 115–232, § 3547(d)(2), substituted ‘‘section 2716’’ for ‘‘this section 2716’’. Executive Documents DELEGATION OF FUNCTIONS Specific functions of President under this section del- egated to Secretary of Department in which Coast Guard is operating and Secretary of the Interior by sec- tion 5(b) of Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54765, as amended, set out as a note under section 1321 of this title. § 2717. Litigation, jurisdiction, and venue (a) Review of regulations Review of any regulation promulgated under this Act may be had upon application by any in- terested person only in the Circuit Court of Ap- peals of the United States for the District of Co- lumbia. Any such application shall be made within 90 days from the date of promulgation of such regulations. Any matter with respect to which review could have been obtained under this subsection shall not be subject to judicial review in any civil or criminal proceeding for enforcement or to obtain damages or recovery of response costs. (b) Jurisdiction Except as provided in subsections (a) and (c), the United States district courts shall have ex- clusive original jurisdiction over all controver- sies arising under this Act, without regard to the citizenship of the parties or the amount in controversy. Venue shall lie in any district in which the discharge or injury or damages oc- curred, or in which the defendant resides, may be found, has its principal office, or has ap- pointed an agent for service of process. For the purposes of this section, the Fund shall reside in the District of Columbia. (c) State court jurisdiction A State trial court of competent jurisdiction over claims for removal costs or damages, as de- fined under this Act, may consider claims under this Act or State law and any final judgment of such court (when no longer subject to ordinary forms of review) shall be recognized, valid, and enforceable for all purposes of this Act. (d) Assessment and collection of tax The provisions of subsections (a), (b), and (c) shall not apply to any controversy or other mat- ter resulting from the assessment or collection of any tax, or to the review of any regulation promulgated under title 26. (e) Savings provision Nothing in this subchapter shall apply to any cause of action or right of recovery arising from any incident which occurred prior to August 18, 1990. Such claims shall be adjudicated pursuant to the law applicable on the date of the incident. (f) Period of limitations (1) Damages Except as provided in paragraphs (3) and (4), an action for damages under this Act shall be barred unless the action is brought within 3 years after— (A) the date on which the loss and the con- nection of the loss with the discharge in question are reasonably discoverable with the exercise of due care, or (B) in the case of natural resource dam- ages under section 2702(b)(2)(A) of this title, the date of completion of the natural re- sources damage assessment under section 2706(c) of this title. (2) Removal costs An action for recovery of removal costs re- ferred to in section 2702(b)(1) of this title must be commenced within 3 years after completion of the removal action. In any such action de- scribed in this subsection, the court shall enter a declaratory judgment on liability for removal costs or damages that will be binding on any subsequent action or actions to recover further removal costs or damages. Except as otherwise provided in this paragraph, an ac- tion may be commenced under this subchapter for recovery of removal costs at any time after such costs have been incurred.