43 U.S.C. § 1656 : US Code - Section 1656: Civil penalties

Search 43 U.S.C. § 1656 : US Code - Section 1656: Civil penalties

(a) Penalty
Except as provided in subsection (c)(4) of this section, the
Secretary of the Interior may assess and collect a civil penalty
under this section with respect to any discharge of oil -
(1) in transit from fields or reservoirs supplying oil to the
trans-Alaska pipeline; or
(2) during transportation through the trans-Alaska pipeline or
handling at the terminal facilities, that causes damage to, or
threatens to damage, natural resources or public or private
property.
(b) Persons liable
In addition to the person causing or permitting the discharge,
the owner or owners of the oil at the time the discharge occurs
shall be jointly, severally, and strictly liable for the full
amount of penalties assessed pursuant to this section, except that
the United States and the several States, and political
subdivisions thereof, shall not be liable under this section.
(c) Amount
(1) The amount of the civil penalty shall not exceed $1,000 per
barrel of oil discharged.
(2) In determining the amount of civil penalty under this
section, the Secretary shall consider the seriousness of the
damages from the discharge, the cause of the discharge, any history
of prior violations of applicable rules and laws, and the degree of
success of any efforts by the violator to minimize or mitigate the
effects of such discharge.
(3) The Secretary may reduce or waive the penalty imposed under
this section if the discharge was solely caused by an act of war,
act of God, or third party action beyond the control of the persons
liable under this section.
(4) No civil penalty assessed by the Secretary pursuant to this
section shall be in addition to a penalty assessed pursuant to
section 1321(b) of title 33.
(d) Procedures
A civil penalty may be assessed and collected under this section
only after notice and opportunity for a hearing on the record in
accordance with section 554 of title 5. In any proceeding for the
assessment of a civil penalty under this section, the Secretary may
issue subpoenas for the attendance and testimony of witnesses and
the production of relevant papers, books, and documents and may
promulgate rules for discovery procedures. Any person who requested
a hearing with respect to a civil penalty under this subsection and
who is aggrieved by an order assessing the civil penalty may file a
petition for judicial review of such order with the United States
Court of Appeals for the District of Columbia circuit or for any
other circuit in which such person resides or transacts business.
Such a petition may only be filed within the 30-day period
beginning on the date the order making such assessment was issued.
(e) State law
(1) Nothing in this section shall be construed or interpreted as
preempting any State or political subdivision thereof from imposing
any additional liability or requirements with respect to the
discharge, or threat of discharge, of oil or other pollution by
oil.
(2) Nothing in this section shall affect or modify in any way the
obligations or liabilities of any person under other Federal or
State law, including common law, with respect to discharges of oil.