§2714 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

When the President learns about a pollution discharge or a threat, the President must try to name who caused it. If the named source is a ship or a facility, the President must immediately tell the responsible party and any guarantor (a person or company that backed the party), if they are known. If a responsible party or guarantor does not deny being named within 5 days of getting notice, they must publicly announce that they were named and explain how people can file claims. That announcement must start no later than 15 days after the naming and run for at least 30 days. If they fail to announce it, the President will do so and charge them. The announcement must say people can ask for partial, short-term payments now, and taking such a payment does not stop them from asking for more later. The law also lists three special cases: both the party and guarantor deny within 5 days, the source was a public vessel, or the President cannot identify the source.

Title 33, §2714

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)When the President receives information of an incident, the President shall, where possible and appropriate, designate the source or sources of the discharge or threat. If a designated source is a vessel or a facility, the President shall immediately notify the responsible party and the guarantor, if known, of that designation.

(b)(1)If a responsible party or guarantor fails to inform the President, within 5 days after receiving notification of a designation under subsection (a), of the party’s or the guarantor’s denial of the designation, such party or guarantor shall advertise the designation and the procedures by which claims may be presented, in accordance with regulations promulgated by the President. Advertisement under the preceding sentence shall begin no later than 15 days after the date of the designation made under subsection (a). If advertisement is not otherwise made in accordance with this subsection, the President shall promptly and at the expense of the responsible party or the guarantor involved, advertise the designation and the procedures by which claims may be presented to the responsible party or guarantor. Advertisement under this subsection shall continue for a period of no less than 30 days.

(2)An advertisement under paragraph (1) shall state that a claimant may present a claim for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled and that payment of such a claim shall not preclude recovery for damages not reflected in the paid or settled partial claim.

(c)If—

(1)the responsible party and the guarantor both deny a designation within 5 days after receiving notification of a designation under subsection (a),

(2)the source of the discharge or threat was a public vessel, or

(3)the President is unable to designate the source or sources of the discharge or threat under subsection (a),

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Subsec. (b). Pub. L. 104–324 designated existing provisions as par. (1) and added par. (2).

Executive Documents

Delegation of Functions Functions of President under this section delegated to Secretary of Department in which Coast Guard is operating by section 7(d)(2) of Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54768, set out as a note under section 1321 of this title.

§2714 Designation of source and advertisement