33 U.S.C. § 1511: Suspension or termination of…

Summary

If a license holder breaks the rules, the Attorney General can sue in federal court near the port or where the license holder lives to suspend the license. If the break was knowing and keeps happening for 30 days after the Secretary mails a registered letter to the license holder’s record post office address, the Attorney General can revoke the license. No court case is needed if the license already says it will stop or end automatically when a set condition happens. If the Secretary finds immediate danger to public health or safety, or imminent and substantial danger to the environment, the Secretary can order work to stop or be changed until the court case is finished.

Title 33, §1511

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Proceedings by Attorney General; venue; conditions subsequent

Whenever a licensee fails to comply with any applicable provision of this chapter, or any applicable rule, regulation, restriction, or condition issued or imposed by the Secretary under the authority of this chapter, the Attorney General, at the request of the Secretary, may file an appropriate action in the United States district court nearest to the location of the proposed or actual deepwater port, as the case may be, or in the district in which the licensee resides or may be found, to—

(1)suspend the license; or

(2)if such failure is knowing and continues for a period of thirty days after the Secretary mails notification of such failure by registered letter to the licensee at his record post office address, revoke such license.

No proceeding under this subsection is necessary if the license, by its terms, provides for automatic suspension or termination upon the occurrence of a fixed or agreed upon condition, event, or time.

(b)Public health or safety; danger to environment; completion of proceedings

If the Secretary determines that immediate suspension of the construction or operation of a deepwater port or any component thereof is necessary to protect public health or safety or to eliminate imminent and substantial danger to the environment, he shall order the licensee to cease or alter such construction or operation pending the completion of a judicial proceeding pursuant to subsection (a) of this section.

Editorial Notes

Codification In subsec. (a), “chapter” substituted for “title” to conform to other substitutions for “Act” and as reflecting intent of Congress manifest throughout Pub. L. 93–627 in the use of the term “Act”.

§1511 Suspension or Termination of Licenses

Summary

Title 33, §1511

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata