Browse Arkansas Code titles and sections
33 U.S.C. § 2609 — Penalties
Federal law — U.S. Code and appendices · legal_authorities
Page 873
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 2623
(b) Compromising penalties
The Secretary may compromise, modify, or
remit, with or without consideration, a civil
penalty under this chapter until the assessment
is referred to the Attorney General.
(c) Referral to Attorney General
If a person fails to pay an assessment of a civil
penalty after it has become final, the Secretary
may refer the matter to the Attorney General
for collection in an appropriate district court of
the United States.
(d) Refund of penalty
The Secretary may refund or remit a civil pen-
alty collected under this chapter if—
(1) application has been made for refund or
remission of the penalty within one year from
the date of payment; and
(2) the Secretary finds that the penalty was
unlawfully, improperly, or excessively im-
posed.
(Pub. L. 100–688, title IV, § 4108, Nov. 18, 1988, 102
Stat. 4158.)
§ 2609. Penalties
(a) General penalty
Except as provided in subsection (b) of this
section, a person violating this chapter is liable
to the United States Government for a civil pen-
alty of not more than $25,000. Each day of a con-
tinuing violation is a separate violation. A ves-
sel involved in the violation also is liable in rem
for the penalty.
(b) Operating without a permit
A person violating section 2602 of this title is
liable to the United States Government for a
civil penalty of not more than $10,000. Each day
of a continuing violation is a separate violation.
A vessel involved in the violation also is liable
in rem for the penalty.
(c) Criminal penalty
Any person that knowingly violates, or that
knowingly aids, abets, authorizes, or instigates
a violation of this chapter, shall be fined under
title 18, imprisoned for not more than 3 years, or
both.
(d
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2609
Stored review status: historical_2024_not_currentness_verified. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: e37e9e5abbe935c1ea777b5bdc66073c1b0ca8cfe7060589873038f873536477. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:usc2024-8724190dd57b108cc8c73aa5
Source file: Laws/federal/codes/united-states-code-2024/title-33/section-2609-penalties--4b8498ca1f.md
Pages: Not recorded – Not recorded
Passage SHA-256: 7a088f7b9f6ce23f454f250b557dcdba02edb4db5ce5804ed59b1ea6033a83bc
Source location: USCODE-2024-title33-chap39-subchapI-sec2609.pdf
Stored source content
Page 873
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 2623
(b) Compromising penalties
The Secretary may compromise, modify, or
remit, with or without consideration, a civil
penalty under this chapter until the assessment
is referred to the Attorney General.
(c) Referral to Attorney General
If a person fails to pay an assessment of a civil
penalty after it has become final, the Secretary
may refer the matter to the Attorney General
for collection in an appropriate district court of
the United States.
(d) Refund of penalty
The Secretary may refund or remit a civil pen-
alty collected under this chapter if—
(1) application has been made for refund or
remission of the penalty within one year from
the date of payment; and
(2) the Secretary finds that the penalty was
unlawfully, improperly, or excessively im-
posed.
(Pub. L. 100–688, title IV, § 4108, Nov. 18, 1988, 102
Stat. 4158.)
§ 2609. Penalties
(a) General penalty
Except as provided in subsection (b) of this
section, a person violating this chapter is liable
to the United States Government for a civil pen-
alty of not more than $25,000. Each day of a con-
tinuing violation is a separate violation. A ves-
sel involved in the violation also is liable in rem
for the penalty.
(b) Operating without a permit
A person violating section 2602 of this title is
liable to the United States Government for a
civil penalty of not more than $10,000. Each day
of a continuing violation is a separate violation.
A vessel involved in the violation also is liable
in rem for the penalty.
(c) Criminal penalty
Any person that knowingly violates, or that
knowingly aids, abets, authorizes, or instigates
a violation of this chapter, shall be fined under
title 18, imprisoned for not more than 3 years, or
both.
(d) Payments for information
The court, the Secretary of Transportation, or
the Administrator, as the case may be, may pay
up to one-half of a fine or penalty to any person
giving information leading to the assessment of
the fine or penalty.
(Pub. L. 100–688, title IV, § 4109, Nov. 18, 1988, 102
Stat. 4158.)
SUBCHAPTER II—RELATED PROVISIONS
§ 2621. Study and recommendations
(a) Study
The Administrator, in consultation with the
Secretary of Transportation, shall conduct a
study to determine the need for, and effective-
ness of additional tracking systems for vessels
to assure that municipal or commercial waste is
not deposited in coastal waters. In conducting
this study, the Administrator shall use the data
collected from its permitting and enforcement
activities under this chapter. In determining the
effectiveness of tracking systems, the Adminis-
trator shall rely on the information provided by
the Secretary under subsection (b) of this sec-
tion. The report shall include a recommendation
whether additional tracking systems are needed.
This study shall be submitted to Congress with-
in 24 months after November 18, 1988.
(b) Recommendations
The Secretary shall provide recommendations
to the Administrator concerning the various
tracking systems that might be applicable to
vessels transporting municipal or commercial
waste which the Secretary currently is study-
ing. The Secretary shall consider the relative ef-
fectiveness of various systems and the relative
costs of the systems both to the United States
Government and to the vessel owner.
(Pub. L. 100–688, title IV, § 4201, Nov. 18, 1988, 102
Stat. 4159.)
§ 2622. Relation to other laws
(a) Effect on Federal and State laws
This chapter does not affect the application of
any other Federal or State law, statutory or
common, including the Marine Protection, Re-
search, and Sanctuaries Act of 1972 [16 U.S.C.
1431 et seq., 1447 et seq.; 33 U.S.C. 1401 et seq.,
2801 et seq.] and the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.).
(b) Effect on foreign vessels
This chapter shall be carried out with respect
to foreign vessels consistent with the obliga-
tions of the United States under international
law.
(Pub. L. 100–688, title IV, § 4202, Nov. 18, 1988, 102
Stat. 4159.)
Editorial Notes
REFERENCES IN TEXT
The Marine Protection, Research, and Sanctuaries
Act of 1972, referred to in subsec. (a), is Pub. L. 92–532,
Oct. 23, 1972, 86 Stat. 1052, which is classified generally
to chapters 27 (§ 1401 et seq.) and 41 (§ 2801 et seq.) of this
title and chapters 32 (§ 1431 et seq.) and 32A (§ 1447 et
seq.) of Title 16, Conservation. For complete classifica-
tion of this Act to the Code, see Short Title note set
out under section 1401 of this title and Tables.
The Solid Waste Disposal Act, referred to in subsec.
(a), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997,
as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976,
90 Stat. 2795, which is classified generally to chapter 82
(§ 6901 et seq.) of Title 42, The Public Health and Wel-
fare. For complete classification of this Act to the
Code, see Short Title note set out under section 6901 of
Title 42 and Tables.
§ 2623. Authorization of appropriations
There are authorized to be appropriated
$1,500,000 for each of the fiscal years 1989 and
1990, to carry out this chapter.
(Pub. L. 100–688, title IV, § 4203, Nov. 18, 1988, 102
Stat. 4160.)
CHAPTER 40—OIL POLLUTION
SUBCHAPTER I—OIL POLLUTION LIABILITY AND
COMPENSATION
Sec.
2701.
Definitions.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds that—
(1) this Nation historically has recognized the importance of protecting special areas of its public domain, but these efforts have been directed almost exclusively to land areas above the high-water mark;
(2) certain areas of the marine environment possess conservation, recreational, ecological, historical, scientific, educational, cultural, archeological, or esthetic qualities which give them special national, and in some cases international, significance;
(3) while the need to control the effects of particular activities has led to enactment of resource-specific legislation, these laws cannot in all cases provide a coordinated and comprehensive approach to the conservation and management of special areas of the marine environment; and
(4) a Federal program which establishes areas of the marine environment which have special conservation, recreational, ecological, historical, cultural, archeological, scientific, educational, or esthetic qualities as national marine sanctuaries managed as the National Marine Sanctuary System will—
(A) improve the conservation, understanding, management, and wise and sustainable use of marine resources;
(B) enhance public awareness, understanding, and appreciation of the marine environment; and
(C) maintain for future generations the habitat, and ecological services, of the natural assemblage of living resources that inhabit these areas.
**(b) Purposes and policies** The purposes and policies of this chapter are—
(1) to identify and designate as national marine sanctuaries areas of the marine environment which are of special national significance and to manage these areas as the National Marine Sanctuary System;
(2) to provide authority for comprehensive and coordinated conservat
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1431
Stored review status: release_metadata_unconfirmed. The source passage cites 16 U.S.C. § 1431. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1845
TITLE 16—CONSERVATION
§ 1431
CHAPTER 32—MARINE SANCTUARIES
Sec.
1431.
Findings, purposes, and policies; establish-
ment of system.
1432.
Definitions.
1433.
Sanctuary designation standards.
1434.
Procedures for designation and implementa-
tion.
1435.
Application of regulations; international ne-
gotiations and cooperation.
1436.
Prohibited activities.
1437.
Enforcement.
1438.
Repealed.
1439.
Regulations.
1440.
Research, monitoring, and education.
1441.
Special use permits.
1442.
Cooperative agreements, donations, and ac-
quisitions.
1443.
Destruction or loss of, or injury to, sanctuary
resources.
1444.
Authorization of appropriations.
1445.
U.S.S. Monitor artifacts and materials.
1445a.
Advisory Councils.
1445b.
Enhancing support for national marine sanc-
tuaries.
1445c.
Dr. Nancy Foster Scholarship Program.
1445c–1.
Dr. Nancy Foster Scholarship Program.
§ 1431. Findings, purposes, and policies; estab-
lishment of system
(a) Findings
The Congress finds that—
(1) this Nation historically has recognized
the importance of protecting special areas of
its public domain, but these efforts have been
directed almost exclusively to land areas
above the high-water mark;
(2) certain areas of the marine environment
possess conservation, recreational, ecological,
historical, scientific, educational, cultural, ar-
cheological, or esthetic qualities which give
them special national, and in some cases
international, significance;
(3) while the need to control the effects of
particular activities has led to enactment of
resource-specific legislation, these laws can-
not in all cases provide a coordinated and
comprehensive approach to the conservation
and management of special areas of the ma-
rine environment; and
(4) a
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1431
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 1431. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Report by Secretary of Commerce** In March of each year, the Secretary of Commerce shall report to the Congress on his activities under this subchapter during the previous fiscal year. The report shall include—
(1) the Secretary’s findings made under [section 1441 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1441&num=0&edition=prelim), including an evaluation of the short-term ecological effects and the social and economic factors involved with the dumping;
(2) the results of activities undertaken pursuant to [section 1442 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1442&num=0&edition=prelim);
(3) with the concurrence of the Administrator and after consulting with officials of other appropriate Federal agencies, an identification of the short- and long-term research requirements associated with activities under subchapter I, and a description of how Federal research under this subchapter and subchapter I will meet those requirements; and
(4) activities of the Department of Commerce under [section 665 of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section665&num=0&edition=prelim).
**(b) Report by Administrator** In March of each year, the Administrator shall report to the Congress on his activities during the previous fiscal year under [section 1443 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1443&num=0&edition=prelim).
**(c) Report by Under Secretary** On October 31 of each year, the Under Secretary shall report to the Congress the specific programs that the National Oceanic and Atmospheric Administration and the Environmental Protection Agency carried out pursuant to this subchapter in
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1401
Stored review status: release_metadata_unconfirmed. The source passage cites 33 U.S.C. § 1401. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 604
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1389
ministrator shall make the request and accom-
panying information available by electronic
means, including on the official public Internet
site of the Environmental Protection Agency.
(e) International agreements
This section shall be applied in a manner con-
sistent with United States obligations under
international agreements.
(f) Management and oversight
The Administrator may retain up to 0.25 per-
cent of the funds appropriated for this sub-
chapter for management and oversight of the re-
quirements of this section.
(g) Effective date
This section does not apply with respect to a
project if a State agency approves the engineer-
ing plans and specifications for the project, in
that agency’s capacity to approve such plans
and specifications prior to a project requesting
bids, prior to June 10, 2014.
(June 30, 1948, ch. 758, title VI, § 608, as added
Pub. L. 113–121, title V, § 5004, June 10, 2014, 128
Stat. 1326.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Oct. 1, 2014, see section 5006 of Pub.
L. 113–121, set out as an Effective Date of 2014 Amend-
ment note under section 1381 of this title.
§ 1389. Clean watersheds needs survey
(a) Requirement
Not later than 2 years after November 15, 2021,
and not less frequently than once every 4 years
thereafter, the Administrator shall—
(1) conduct and complete an assessment of
capital improvement needs for all projects
that are eligible under section 1383(c) of this
title for assistance from State water pollution
control revolving funds; and
(2) submit to Congress a report describing
the results of the assessment completed under
paragraph (1).
(b) Authorization of appropriations
There is authorized to be appr
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1401
Stored review status: historical_2024_not_currentness_verified. The source passage cites 33 U.S.C. § 1401. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) General penalty** Except as provided in subsection (b) of this section, a person violating this chapter is liable to the United States Government for a civil penalty of not more than $25,000. Each day of a continuing violation is a separate violation. A vessel involved in the violation also is liable in rem for the penalty.
**(b) Operating without a permit** A person violating [section 2602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2602&num=0&edition=prelim) is liable to the United States Government for a civil penalty of not more than $10,000. Each day of a continuing violation is a separate violation. A vessel involved in the violation also is liable in rem for the penalty.
**(c) Criminal penalty** Any person that knowingly violates, or that knowingly aids, abets, authorizes, or instigates a violation of this chapter, shall be fined under title 18, imprisoned for not more than 3 years, or both.
**(d) Payments for information** The court, the Secretary of Transportation, or the Administrator, as the case may be, may pay up to one-half of a fine or penalty to any person giving information leading to the assessment of the fine or penalty.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2609
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Solid waste** The Congress finds with respect to solid waste—
(1) that the continuing technological progress and improvement in methods of manufacture, packaging, and marketing of consumer products has resulted in an ever-mounting increase, and in a change in the characteristics, of the mass material discarded by the purchaser of such products;
(2) that the economic and population growth of our Nation, and the improvements in the standard of living enjoyed by our population, have required increased industrial production to meet our needs, and have made necessary the demolition of old buildings, the construction of new buildings, and the provision of highways and other avenues of transportation, which, together with related industrial, commercial, and agricultural operations, have resulted in a rising tide of scrap, discarded, and waste materials;
(3) that the continuing concentration of our population in expanding metropolitan and other urban areas has presented these communities with serious financial, management, intergovernmental, and technical problems in the disposal of solid wastes resulting from the industrial, commercial, domestic, and other activities carried on in such areas;
(4) that while the collection and disposal of solid wastes should continue to be primarily the function of State, regional, and local agencies, the problems of waste disposal as set forth above have become a matter national in scope and in concern and necessitate Federal action through financial and technical assistance and leadership in the development, demonstration, and application of new and improved methods and processes to reduce the amount of waste and unsalvageable materials and to provide for proper and economical solid waste disposal practices.
**(b) Environment and
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6901
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 6901. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 6921
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 6901
Sec.
6985.
Special study and demonstration projects on
recovery of useful energy and materials.
6986.
Grants for resource recovery systems and im-
proved solid waste disposal facilities.
6987.
Authorization of appropriations.
SUBCHAPTER IX—REGULATION OF
UNDERGROUND STORAGE TANKS
6991.
Definitions and exemptions.
6991a.
Notification.
6991b.
Release detection, prevention, and correction
regulations.
6991c.
Approval of State programs.
6991d.
Inspections, monitoring, testing, and correc-
tive action.
6991e.
Federal enforcement.
6991f.
Federal facilities.
6991g.
State authority.
6991h.
Study of underground storage tanks.
6991i.
Operator training.
6991j.
Use of funds for release prevention and com-
pliance.
6991k.
Delivery prohibition.
6991l.
Tanks on tribal lands.
6991m.
Authorization of appropriations.
SUBCHAPTER X—DEMONSTRATION MEDICAL
WASTE TRACKING PROGRAM
6992.
Scope of demonstration program for medical
waste.
6992a.
Listing of medical wastes.
6992b.
Tracking of medical waste.
6992c.
Inspections.
6992d.
Enforcement.
6992e.
Federal facilities.
6992f.
Relationship to State law.
6992g.
Repealed.
6992h.
Health impacts report.
6992i.
General provisions.
6992j.
Effective date.
6992k.
Authorization of appropriations.
SUBCHAPTER I—GENERAL PROVISIONS
§ 6901. Congressional findings
(a) Solid waste
The Congress finds with respect to solid
waste—
(1)
that
the
continuing
technological
progress and improvement in methods of man-
ufacture, packaging, and marketing of con-
sumer products has resulted in an ever-mount-
ing increase, and in a change in the character-
istics, of the mass material discarded by the
purchaser of such products;
(2) that the econo
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 6901
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 6901. This identifies an authority to review, not proof of applicability.