33 U.S.C. § 2716a: Financial responsibility…

Summary

If a person fails to follow the rules under section 2716 or a related denial or detention order, the President can make them pay a civil fine of up to $25,000 for each day they break the rules. The person must be given notice and a chance for a hearing first. The President sets the fine in writing and must consider how serious the violation was, why it happened, how long it lasted, any past violations, the person’s ability to pay, and other fair factors. The President can reduce, change, or cancel the fine. If the fine is not paid after it is final, the President can send the case to the Attorney General to collect. Instead of, or in addition to, fines, the President can ask the Attorney General to go to court to force compliance, including asking a judge to stop operations. Federal district courts can order whatever relief is needed based on the public interest and what is fair in the case.

Title 33, §2716a

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(a)Administrative

Any person who, after notice and an opportunity 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 violation. 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 violation, 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 penalty under subsection (a), the President may request the Attorney General to secure such relief as necessary to compel compliance with section 2716 of this title, including a judicial order terminating 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.

Notes & Related Subsidiaries

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), substituted “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 delegated to Secretary of Department in which Coast Guard is operating and Secretary of the Interior by section 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.

§2716a Financial Responsibility Civil Penalties