(b) Definitions.-Section 311(a) of the Federal Water Pollution Control Act (33 U.S.C. 1321(a))) is amended-[See paragraphs (8), and (16) to (24).] (c) Revision of National Contingency Plan.-Not later than one year after the date of the enactment of this Act, the President shall revise and republish the national Contingency Plan prepared under section 311(c)(2) of the Federal Water Pollution Control Act (as in effect immediately before the date of the enactment of this Act) to implement the amendments made by this section and section 4202. Sec. 42021 NATIONAL CONTINGENCY PLANNING AND RESPONSE SYSTEM (a) In General.—Subsection (j) of section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321(j) is amended- [See Clean Water Act, Section 311(j) National Response System.] (b) Implementation. (1) Area Committees and Contingency Plans. (A) Not later than 6 months after the date of the enactment of this Act, the President shall designate the areas for which Area Committees are established under section 311(j)(4) of the Federal Water Pollution Control Act, as amended by this Act. In designating such areas, the President shall ensure that all navigable waters, adjoining shorelines, and waters of the exclusive economic zone are subject to an Area Contingency Plan required under that section. (B) Not later than 18 months after the date of the enactment of this Act, each Area Committee established under that section shall submit to the President the Area Contingency Plan required under that section. (C) Not later than 24 months after the date of the enactment of this Act, the President shall (i) promptly review each plan; (ii) require amendments to any plan that does not meet the requirements of section 311(j)(4) of the Federal Water Pollution Control Act; and (iii) approve each plan that meets the requirements of that section. (2) National Response Unit.-Not later than one year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall establish a National Response Unit in accordance with section 311(j)(4) of the Federal Water Pollution Control Act, as amended by this Act. (3) Coast Guard District Response Groups.-Not later than 1 year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall establish Coast Guard District Response Groups in accordance with section 311(j)(3) of the Federal Water Pollution Control Act, as amended by this Act. (4) Tank Vessel and Facility Response Plans; Transition Provision; Effective Date of Prohibi tion. (A) Not later than 24 months after the date of the enactment of this Act, the President (C) Subparagraph (E) of section 311(j)(5) of the Federal Water Pollution Control Act, as (c) State Law Not Preempted.-Section 311(0)(2) of the Federal Water Pollution Control Act (33 U.S.C. 1321(0)(2)) is amended by inserting before the period the following: “, or with respect to any removal activities related to such discharge". 'Editor's note: section number and text is that of Pub. L. 101-380. COAST GUARD VESSEL DESIGN 14 USC 92 note Pub. L. 101-380, title IV, Sec. 4203, Aug. 18, 1990, 104 Stat. 532, provided that: “The Secretary shall ensure that vessels designed and constructed to replace Coast Guard buoy tenders are equipped with oil skimming systems that are readily available and operable, and that complement the primary mission of servicing aids to navigation." Sec. 42041 DETERMINATION OF HARMFUL QUANTITIES OF OIL AND HAZARDOUS SUBSTANCES Section 311(b)(4) of the Federal Water Pollution Control Act (33 U.S.C. 1321(b)(4) is amended by inserting "or the environment" after "the public health or welfare". COASTWISE OIL SPILL RESPONSE COOPERATIVES Sec. 42051 Section 12106 of title 46, United States Code, is amended by adding at the end the following: (A) the vessel is owned by a not-for-profit oil spill response cooperative or by members (C) the vessel otherwise qualifies under section 12106 to be employed in the coastwise (D) use of the vessel is restricted to (i) the deployment of equipment, supplies, and personnel to recover, contain, or transport oil discharged into the navigable waters of the United States, or within the Exclusive Economic Zone, or (ii) for training exercises to prepare to respond to such a discharge. (2) For purposes of the first proviso of section 27 of the Merchant Marine Act, 1920, section 2 of the Shipping Act of 1916, and section 12102(a) of this title, a vessel meeting the criteria of this subsection shall be considered to be owned exclusively by citizens of the United States." Section 4301' Subtitle C-Penalties and Miscellaneous FEDERAL WATER POLLUTION CONTROL ACT PENALTIES (a) Notice to State and Failure to Report.-Section 311(b)(5) of the Federal Water Pollution Control Act (33 U.S.C. 1321(b)(5)) is amended (1) by inserting after the first sentence the following: "The Federal agency shall immediately notify the appropriate State agency of any State which is, or may reasonably be expected to be, affected by the discharge of oil or a hazardous substance."; (2) by striking "fined not more than $10,000, or imprisoned for not more than one year, or both" and inserting "fined in accordance with title 18, United States Code, or imprisoned for not more than 5 years, or both"; and (3) in the last sentence by (A) striking "or information obtained by the exploitation of such notification"; and 'Editor's note: section number and text is that of Pub. L. 101-380. (B) inserting “natural” before “person”. (b) Penalties for Discharges and Violations of Regulations.-Section 311(b) of the Federal Water Pollution Control Act (33 U.S.C. 1321(b)) is amended by striking paragraph (6) and inserting the following new paragraphs: [See Clean Water Act, section 311(b)(6).] (c) Criminal Penalties.-Section 309(c) of the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) is amended by inserting after “308,” each place it appears the following: “311(b)(3),”. OTHER PENALTIES Sec. 43021 (a) Negligent Operations.-Section 2302 of title 46, United States Code, is amended (1) in subsection (b) by striking “shall be fined not more than $5,000, imprisoned for not (A) by striking ", shall be” in the matter preceding paragraph (1); (C) by amending paragraph (2) to read as follows: "(2) commits a class A misdemeanor.". (b) Inspections.-Section 3318 of title 46, United States Code, is amended (1) in subsection (b) by striking “shall be fined not more than $10,000, imprisoned for not more than 5 years, or both." and inserting "commits a class D felony."; (2) in subsection (c) by striking “shall be fined not more than $5,000, imprisoned for not more than 5 years, or both." and inserting “commits a class D felony."; (3) in subsection (d) by striking "shall be fined not more than $5,000, imprisoned for not more than 5 years, or both.” and inserting “commits a class D felony."; (4) in subsection (e) by striking "shall be fined not more than $10,000, imprisoned for not more than 2 years, or both." and inserting "commits a class A misdemeanor."; and (5) in the matter preceding paragraph (1) of subsection (f) by striking “shall be fined not less than $1,000, but not more than $10,000, and imprisoned for not less than 2 years but not more than 5 years," and inserting "commits a class D felony.". (c) Carriage of Liquid Bulk Dangerous Cargoes.-Section 3718 of title 46, United States Code, is amended (1) in subsection (b) by striking “shall be fined not more than $50,000, imprisoned for not more than 5 years, or both.” and inserting “commits a class D felony.”; and (2) in subsection (c) by striking "“shall be fined not more than $100,000, imprisoned for not more than 10 years, or both.” and inserting “commits a class C felony.". (d) Load Lines.-Section 5116 of title 46, United States Code, is amended (1) in subsection (d) by striking "shall be fined not more than $10,000, imprisoned for not more than one year, or both.” and inserting “commits a class A misdemeanor."; and (2) in subsection (e) by striking “shall be fined not more than $10,000, imprisoned for not more than 2 years, or both." and inserting “commits a class A misdemeanor.". (e) Complement of Inspected Vessels.-Section 8101 of title 46, United States Code, is amended(1) in subsection (e) by striking “$50” and inserting “$1,000"; (2) in subsection (f) by striking “$100, or, for a deficiency of a licensed individual, a penalty of $500." and inserting “$10,000.”; and (3) in subsection (g) by striking “$500.” and inserting "$10,000.". (f) Watches.-Section 8104 of title 46, United States Code, is amended- (g) Coastwise Pilotage.-Section 8502 of title 46, United States Code, is amended- Editor's note: section number and text is that of Pub. L. 101-380. (h) Foreign Commerce Pilotage.-Section 8503(e) of title 46, United States Code, is amended by striking "shall be fined not more than $50,000, imprisoned for not more than five years, or both." and inserting "commits a class D felony.". (i) Crew Requirements.-Section 8702(e) of title 46, United States Code, is amended by striking $500." and inserting "$10,000.". (j) Ports and Waterways Safety Act.-Section 13(b) of the Port and Waterways Safety Act (33 U.S.C. 1232(b)) is amended (1) in paragraph (1) by striking “shall be fined not more than $50,000 for each violation or imprisoned for not more than five years, or both." and inserting "commits a class D felony."; and (2) in paragraph (2) by striking "shall, in lieu of the penalties prescribed in paragraph (1), be fined not more than $100,000, or imprisoned for not more than 10 years, or both." and inserting "commits a class C felony.". (k) Vessel Navigation.-Section 4 of the Act of April 28, 1908 (33 U.S.C. 1236), is amended(1) in subsection (b) by striking “$500.” and inserting “$5,000.”; (2) in subsection (c) by striking "$500," and inserting "$5,000,"; and (3) in subsection (d) by striking $250.” and inserting “$2,500.”. (1) Intervention on the High Seas Act.-Section 12(a) of the Intervention of the High Seas Act (33 U.S.C. 1481(a)) is amended (1) in the matter preceding paragraph (1) by striking "Any person who" and inserting “A person commits a class A misdemeanor if that person"; and (2) in paragraph (3) by striking “, shall be fined not more than $10,000 or imprisoned not more than one year, or both". (m) Deepwater Port Act of 1974.-Section 15(a) of the Deepwater Port Act of 1974 (33 U.S.C. 1514(a)) is amended by striking “shall on conviction be fined not more than $25,000 for each day of violation or imprisoned for not more than 1 year, or both." and inserting "commits a class A misdemeanor for each day of violation.". (n) Act To Prevent Pollution From Ships.-Section 9(a) of the Act to Prevent Pollution from Ships (33 U.S.C. 1908(a)) is amended by striking "shall, for each violation, be fined not more than $50,000 or be imprisoned for not more than 5 years, or both." and inserting "commits a class D felony.". FINANCIAL RESPONSIBILITY CIVIL PENALTIES Sec. 43031 (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 1016 or the regulations issued under that section, or with a denial or detention order issued under subsection (c)(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 has 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 this section 1016, 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 inequities of the case may require. 'Editor's note: section number and text is that of Pub. L. 101-380. Sec. 4304 [See "Deposit of Certain Penalties into Oil Spill Liability Trust Fund" note under 26 USC 9509 above (Oil Spill Liability Trust Fund) for contents of section 4304.] INSPECTION AND ENTRY Sec. 43051 Section 311(m) of the Federal Water Pollution Control Act (33 U.S.C. 1321(m)) is amended to read as follows: [See Clean Water Act, Section 311(m), Administrative Provisions.] INSPECTION AND ENTRY Sec. 4306' Section 311(e) of the Federal Water Pollution Control Act (33 U.S.C. 1321) is amended to read as follows: [See Clean Water Act, Section 311(e), Civil Enforcement.] 'Editor's note: section number and text is that of Pub. L. 101-380. |