§2716a — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

If a person is notified and given a chance for a hearing and is found to have broken the rules of section 2716 or related orders, they can be fined up to $25,000 for each day they broke the rules. The President will put the fine in writing. When setting the amount, the President will look at how serious the violation was, how much blame the person has, any past violations, the person’s ability to pay, and other relevant facts. The President can reduce, change, or cancel a fine, with or without conditions. If a final fine is not paid, the President can ask the Attorney General to collect it. Instead of or in addition to fines, the President can ask the Attorney General to go to court to force compliance, including asking the court to stop operations. Federal courts can order whatever relief the public interest and fairness of the case require.

Title 33, §2716a

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)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)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