1625-0058 Stat/Authority

Page 763

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

CHAPTER 37—ORGANOTIN ANTIFOULING
PAINT CONTROL
§§ 2401 to 2410. Repealed. Pub. L. 111–281, title X,
§ 1048, Oct. 15, 2010, 124 Stat. 3032
Section 2401, Pub. L. 100–333, § 2, June 16, 1988, 102
Stat. 605, provided findings and purposes for chapter.
Section 2402, Pub. L. 100–333, § 3, June 16, 1988, 102
Stat. 605, provided definitions for chapter.
Section 2403, Pub. L. 100–333, § 4, June 16, 1988, 102
Stat. 606, prohibited, with exceptions, application of
antifouling paint containing organotin to any vessel
less than 25 meters in length.
Section 2404, Pub. L. 100–333, § 5, June 16, 1988, 102
Stat. 606, prohibited certain organotin paints and additives.
Section 2405, Pub. L. 100–333, § 6, June 16, 1988, 102
Stat. 607, related to certification of antifouling paints
containing organotin.
Section 2406, Pub. L. 100–333, § 7, June 16, 1988, 102
Stat. 607; Pub. L. 104–106, div. A, title X, § 1064(f), Feb.
10, 1996, 110 Stat. 445, related to monitoring and research of ecological effects.
Section 2407, Pub. L. 100–333, § 8, June 16, 1988, 102
Stat. 608, provided for alternative antifouling research.
Section 2408, Pub. L. 100–333, § 9, June 16, 1988, 102
Stat. 608, related to issuance of a final water quality
criteria document.
Section 2409, Pub. L. 100–333, § 10, June 16, 1988, 102
Stat. 608, provided for civil and criminal penalties for
violations of certain sections of chapter.
Section 2410, Pub. L. 100–333, § 11, June 16, 1988, 102
Stat. 608, related to other authorities and State laws.
EFFECTIVE DATE; USE OF EXISTING STOCKS
Pub. L. 100–333, § 12, June 16, 1988, 102 Stat. 609, which
provided that this chapter would take effect on June 16,
1988, and provided for a limited amount of time after
that date to sell and use existing stocks of organotin
paints and additives, was repealed by Pub. L. 111–281,
title X, § 1048, Oct. 15, 2010, 124 Stat. 3032.
SHORT TITLE
Pub. L. 100–333, § 1, June 16, 1988, 102 Stat. 605, which
provided that this chapter could be cited as the ‘‘Organotin Antifouling Paint Control Act of 1988’’, was repealed by Pub. L. 111–281, title X, § 1048, Oct. 15, 2010, 124
Stat. 3032.

CHAPTER 38—DUMPING OF MEDICAL WASTE
BY PUBLIC VESSELS
Sec.

2501.
2502.
2503.
2504.

Findings.
Definitions.
Prohibition.
Guidance.

§ 2501. Findings

§ 2504

(§§ 3101–3105) of title III of Pub. L. 100–688, enacting this
chapter] may be cited as the ‘United States Public Vessel Medical Waste Anti-Dumping Act of 1988’.’’

§ 2502. Definitions
For the purposes of this chapter:
(1) Potentially infectious medical waste
The term ‘‘potentially infectious medical
waste’’ includes isolation wastes; infectious
agents; human blood and blood products; pathological wastes; sharps; body parts; contaminated bedding; surgical wastes; and other disposable medical equipment and material that
may pose a risk to the public health, welfare
or the marine environment.
(2) Public vessel
The term ‘‘public vessel’’ means a vessel of
any type whatsoever (including hydrofoils,
air-cushion vehicles, submersibles, floating
craft whether propelled or not, and fixed or
floating platforms) that is owned, or demise
chartered, and operated by the United States
Government, and is not engaged in commercial service.
(Pub. L. 100–688, title III, § 3103, Nov. 18, 1988, 102
Stat. 4152.)
§ 2503. Prohibition
After 6 months after November 18, 1988, no
public vessel shall dispose of potentially infectious medical waste into ocean waters unless—
(1)(A) the health or safety of individuals on
board the vessel is threatened; or
(B) during time of war or a declared national
emergency;
(2) the waste is disposed of beyond 50 nautical miles from the nearest land; and
(3)(A) in the case of a public vessel which is
not a submersible, the waste is sterilized,
properly packaged, and sufficiently weighted
to prevent the waste from coming ashore after
disposal; and
(B) in the case of a public vessel which is a
submersible, the waste is properly packaged
and sufficiently weighted to prevent the waste
from coming ashore after disposal.
(Pub. L. 100–688, title III, § 3104, Nov. 18, 1988, 102
Stat. 4152.)
§ 2504. Guidance

The Congress finds the following:
(1) The washing ashore of potentially infectious medical wastes from public vessels of the
United States may pose serious and widespread risks to public health and to the welfare of coastal communities.
(2) Current Federal law provides inadequate
protections against the disposal of such wastes
from such vessels into ocean waters.
(3) Operators of such vessels must take immediate action to stop disposing of such
wastes into ocean waters.
(Pub. L. 100–688, title III, § 3102, Nov. 18, 1988, 102
Stat. 4152.)
SHORT TITLE
Pub. L. 100–688, title III, § 3101, Nov. 18, 1988, 102 Stat.
4152, provided that: ‘‘This subtitle [subtitle A

Not later than 3 months after November 18,
1988, the Secretary of Defense and the head of
each affected agency, in consultation with the
Administrator of the Environmental Protection
Agency, shall each issue guidance for public vessels under the jurisdiction of their agency regarding implementation of section 2503 of this
title.
(Pub. L. 100–688, title III, § 3105, Nov. 18, 1988, 102
Stat. 4153.)
CHAPTER 39—SHORE PROTECTION FROM
MUNICIPAL OR COMMERCIAL WASTE
SUBCHAPTER I—SHORE PROTECTION
Sec.

2601.
2602.

Definitions.
Vessel permits and numbers.

§ 2601

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

Sec.

Page 764

REFERENCES IN TEXT

2603.
2604.
2605.
2606.
2607.
2608.
2609.
2621.
2622.
2623.

Waste handling practices.
Suspension, revocation, and injunctions.
Enforcement.
Subpena authority.
Fees.
Civil penalty procedures.
Penalties.
SUBCHAPTER II—RELATED PROVISIONS
Study and recommendations.
Relation to other laws.
Authorization of appropriations.

SUBCHAPTER I—SHORE PROTECTION
§ 2601. Definitions
In this chapter—
(1) ‘‘Administrator’’ means the Administrator of the Environmental Protection Agency.
(2) ‘‘coastal waters’’ means—
(A) the territorial sea of the United States;
(B) the Great Lakes and their connecting
waters;
(C) the marine and estuarine waters of the
United States up to the head of tidal influence; and
(D) the Exclusive Economic Zone as established by Presidential Proclamation Number
5030, dated March 10, 1983.
(3) ‘‘municipal or commercial waste’’ means
solid waste (as defined in section 6903 of title
42) except—
(A) solid waste identified and listed under
section 6921 of title 42;
(B) waste generated by the vessel during
normal operations;
(C) debris solely from construction activities;
(D) sewage sludge subject to regulation
under title I of the Marine Protection, Research, and Sanctuaries Act of 1972 [33 U.S.C.
1411 et seq.]; and
(E) dredged or fill material subject to regulation under title I of the Marine Protection, Research, and Sanctuaries Act of 1972
[33 U.S.C. 1411 et seq.], the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.),
or the Rivers and Harbors Appropriation Act
of 1899 (33 U.S.C. 401 et seq.).
(4) ‘‘person’’ means an individual, trust,
firm, joint stock company, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or
any interstate body.
(5) ‘‘receiving facility’’ means a facility or
operation where municipal or commercial
waste is unloaded from a vessel.
(6) ‘‘United States’’, when used in a geographic sense, means the States of the United
States, Puerto Rico, the District of Columbia,
the Virgin Islands, American Samoa, Guam,
the Northern Mariana Islands, and any other
territory or possession of the United States.
(7) ‘‘waste source’’ means a facility or vessel
from which municipal or commercial waste is
loaded onto a vessel, including any rolling
stock or motor vehicles from which that waste
is directly loaded.
(Pub. L. 100–688, title IV, § 4101, Nov. 18, 1988, 102
Stat. 4154.)

Presidential Proclamation Number 5030, referred to
in par. (2)(D), is set out under section 1453 of Title 16,
Conservation.
The Marine Protection, Research, and Sanctuaries
Act of 1972, referred to in par. (3)(D) and (E), is Pub. L.
92–532, Oct. 23, 1972, 86 Stat. 1052, as amended. Title I of
that Act is classified generally to subchapter I (§ 1411 et
seq.) of chapter 27 of this title. For complete classification of this Act to the Code, see Short Title note set
out under section 1401 of this title and Tables.
The Federal Water Pollution Control Act, referred to
in par. (3)(E), is act June 30, 1948, ch. 758, as amended
generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816,
which is classified generally to chapter 26 (§ 1251 et seq.)
of this title. For complete classification of this Act to
the Code, see Short Title note set out under section
1251 of this title and Tables.
The Rivers and Harbors Appropriation Act of 1899, referred to in par. (3)(E), is act Mar. 3, 1899, ch. 425, 30
Stat. 1151, as amended, which enacted sections 401, 403,
404, 406 to 409, 411 to 416, 418, 502, 549, 686, and 687 of this
title. For complete classification of this Act to the
Code, see Tables.
SHORT TITLE
Pub. L. 100–688, title IV, § 4001, Nov. 18, 1988, 102 Stat.
4154, provided that: ‘‘This title [enacting this chapter]
may be cited as the ‘Shore Protection Act of 1988’.’’
TERRITORIAL SEA OF UNITED STATES
For extension of territorial sea of United States, see
Proc. No. 5928, set out as a note under section 1331 of
Title 43, Public Lands.

§ 2602. Vessel permits and numbers
(a) In general
A vessel (except a public vessel as defined in
section 2101 of title 46) may not transport municipal or commercial waste in coastal waters
without—
(1) a permit for that vessel from the Secretary of Transportation; and
(2) displaying a number or other marking on
the vessel as prescribed by the Secretary
under chapter 123 or section 12502(b) of title 46.
(b) Permit applications
Application for a permit required by subsection (a) of this section shall be made by the
vessel owner or operator and include—
(1) the name, address, and telephone number
of the vessel owner and operator;
(2) the vessel’s name and identification number;
(3) the vessel’s area of operation;
(4) the vessel’s transport capacity;
(5) a history of the types of cargo transported by that vessel during the previous year,
including identifying the type of municipal or
commercial waste transported as—
(A) municipal waste;
(B) commercial waste;
(C) medical waste; or
(D) waste of another character.
(6) any other information the Secretary may
require; and
(7) an acknowledgment.
(c) Effective date of permits
A permit issued under this section—
(1) is effective 30 days after the date on
which it was issued;

Page 765

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

(2) may be issued only for a period of not
more than 5 years after the effective date of
the permit;
(3) may be renewed for periods of not more
than 5 years only by the vessel owner or operator that applied for the original permit; and
(4) is terminated when the vessel is sold.
(d) Denial of permits
The Secretary may, or at the request of the
Administrator shall, deny the issuance of a permit for any vessel if the owner or operator of the
vessel has a record of a pattern of serious violations of—
(1) this subchapter;
(2) the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.);
(3) the Marine Protection, Research, and
Sanctuaries Act of 1972 [16 U.S.C. 1431 et seq.,
1447 et seq.; 33 U.S.C. 1401 et seq., 2801 et seq.];
(4) the Rivers and Harbors Appropriation Act
of 1899 (33 U.S.C. 401 et seq.); or
(5) the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.).
(e) Permit decision
The Secretary, after consultation with the Administrator, shall issue or deny a vessel permit
under this section within 30 days after receiving
a complete application. On denying the issuance
of the permit for a vessel the Secretary shall—
(1) notify the applicant of the denial and the
reasons for the denial; and
(2) provide an opportunity for a hearing on
the denial.
(f) Maintaining permit
(1) In general
The permit issued for a vessel under this
chapter shall be maintained in a manner prescribed by the Secretary.
(2) Endorsements
If a vessel is a documented vessel, the Secretary may endorse a permit on the vessel’s
certificate of documentation.
(g) Vessel information system
The Secretary may include information in a
permit in the vessel information system maintained under chapter 125 of title 46.
(Pub. L. 100–688, title IV, § 4102, Nov. 18, 1988, 102
Stat. 4155.)
REFERENCES IN TEXT
The Solid Waste Disposal Act, referred to in subsec.
(d)(2), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat.
997, as amended generally by Pub. L. 94–580, § 2, Oct. 21,
1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 6901 of
Title 42 and Tables.
The Marine Protection, Research, and Sanctuaries
Act of 1972, referred to in subsec. (d)(3), is Pub. L.
92–532, Oct. 23, 1972, 86 Stat. 1052, as amended, which is
classified generally to chapters 27 (§ 1401 et seq.) and 41
(§ 2801 et seq.) of this title and chapters 32 (§ 1431 et seq.)
and 32A (§ 1447 et seq.) of Title 16, Conservation. For
complete classification of this Act to the Code, see
Short Title note set out under section 1401 of this title
and Tables.
The Rivers and Harbors Appropriation Act of 1899, referred to in subsec. (d)(4), is act Mar. 3, 1899, ch. 425, 30

§ 2603

Stat. 1151, as amended, which enacted sections 401, 403,
404, 406 to 409, 411 to 416, 418, 502, 549, 686, and 687 of this
title. For complete classification of this Act to the
Code, see Tables.
The Federal Water Pollution Control Act, referred to
in subsec. (d)(5), is act June 30, 1948, ch. 758, as amended
generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816,
which is classified generally to chapter 26 (§ 1251 et seq.)
of this title. For complete classification of this Act to
the Code, see Short Title note set out under section
1251 of this title and Tables.
EFFECTIVE DATE
Pub. L. 100–688, title IV, § 4204(b), Nov. 18, 1988, 102
Stat. 4160, provided that: ‘‘Section 4102(a) of this Act [33
U.S.C. 2602(a)] is effective 240 days after the date of enactment of this Act [Nov. 18, 1988].’’
AVAILABILITY OF APPLICATIONS
Pub. L. 100–688, title IV, § 4204(a), Nov. 18, 1988, 102
Stat. 4160, provided that: ‘‘The Secretary shall make
vessel applications for permits to be issued under section 4102 of this Act [33 U.S.C. 2602] publicly available
within 60 days after the date of enactment of this Act
[Nov. 18, 1988].’’

§ 2603. Waste handling practices
(a) In general
(1) Loading
The owner or operator of the waste source
shall take all reasonable steps to assure that
all municipal or commercial waste is loaded
onto a vessel in a manner that assures that
waste deposited in coastal waters is minimized.
(2) Securing
The owner or operator of a vessel shall assure that all municipal or commercial waste
loaded onto the vessel is secured by netting or
other means to assure that waste will not be
deposited into coastal waters during transport.
(3) Offloading
The owner or operator of the receiving facility shall take all reasonable steps to assure
that any municipal or commercial waste is
offloaded from a vessel in a manner that assures that waste deposited into coastal waters
is minimized.
(4) Cleaning up
The owner or operator of any waste source
or receiving facility shall provide adequate
control measures to clean up any municipal or
commercial waste which is deposited into
coastal waters.
(b) Regulations
The Administrator, in consultation with the
Secretary of Transportation, shall prescribe regulations—
(1) requiring that waste sources, receiving
facilities, and vessels provide the means and
facilities to assure that the waste will not be
deposited into coastal waters during loading,
offloading, and transport;
(2) requiring, as appropriate, the submission
and adoption by each responsible party of an
operation and maintenance manual identifying procedures to be used to prevent, report,
and clean up any deposit of municipal or commercial waste into coastal waters, including
record keeping requirements; and

§ 2604

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

(3) if the Administrator determines that
tracking systems are required to assure adequate enforcement of laws preventing the deposit of municipal or commercial waste into
coastal waters, requiring installation of the
appropriate systems within 18 months after
the Administrator makes that determination.
(Pub. L. 100–688, title IV, § 4103, Nov. 18, 1988, 102
Stat. 4156.)
EFFECTIVE DATE
Pub. L. 100–688, title IV, § 4204(c), Nov. 18, 1988, 102
Stat. 4160, provided that: ‘‘Section 4103 of this Act [33
U.S.C. 2603] takes effect 60 days after the date of enactment of this Act [Nov. 18, 1988].’’

§ 2604. Suspension, revocation, and injunctions
(a) Suspension and revocation
After notice and opportunity for a hearing, the
Secretary of Transportation may, and at the request of the Administrator shall, suspend or revoke a permit issued to a vessel under this chapter for a violation of this chapter or a regulation
prescribed under this chapter.
(b) Injunctions
The Secretary or the Administrator may bring
a civil action to enjoin any operation in violation of this chapter or a regulation prescribed
under this chapter in the district court of the
United States for the district in which the violation occurred.
(Pub. L. 100–688, title IV, § 4104, Nov. 18, 1988, 102
Stat. 4157.)
§ 2605. Enforcement
(a) General authority
The Secretary of Transportation shall enforce
this chapter under section 89 1 of title 14. The
Secretary may authorize other officers or employees of the United States Government to enforce this chapter under that section.
(b) Periodic examinations
The Secretary shall conduct periodic examinations of vessels operating under this chapter
transporting municipal or commercial waste to
determine that each of these vessels has a permit issued under section 2602 of this title.
(c) Refusal of clearance
The Secretary of the Treasury may refuse the
clearance required by section 60105 of title 46, to
any vessel subject to this chapter which does
not have a permit required under section 2602 of
this title.
(d) Denial of entry and detention
If a vessel does not comply with this chapter,
the Secretary of Transportation may—
(1) deny entry to any place in the United
States; and
(2) detain at the place in the United States
from which it is about to depart.
(e) Persistent violators
The Administrator shall conduct an investigation of the owner or operator of a vessel or facility if the owner has 5 or more separate violations during a 6-month period.
1 See

References in Text note below.

Page 766

(Pub. L. 100–688, title IV, § 4105, Nov. 18, 1988, 102
Stat. 4157.)
REFERENCES IN TEXT
Section 89 of title 14, referred to in subsec. (a), was
redesignated section 522 of title 14 by Pub. L. 115–282,
title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200, and reference
to section 89 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282,
set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of
Title 14, Coast Guard.
CODIFICATION
In subsec. (c), ‘‘section 60105 of title 46’’ substituted
for ‘‘section 4197 of the Revised Statutes of the United
States (46 App. U.S.C. 91)’’ on authority of Pub. L.
109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 60105 of Title 46, Shipping.

§ 2606. Subpena authority
(a) General authority
In an investigation under this chapter, the attendance and testimony of witnesses, including
parties in interest, and the production of any
evidence may be compelled by subpena. The subpena authority granted by this section is coextensive with that of a district court of the
United States, in civil matters, for the district
in which the investigation is conducted.
(b) Subpena authority
An official designated by the Secretary of
Transportation or Administrator to conduct an
investigation under this chapter may issue subpenas as provided in this section and administer
oaths to witnesses.
(c) Failure to comply
When a person fails to obey a subpena issued
under this section, the district court of the
United States for the district in which the investigation is conducted or in which the person
failing to obey is found, shall on proper application issue an order directing that person to comply with the subpena. The court may punish as
contempt any disobedience of its order.
(d) Witness fees
A witness complying with a subpena issued
under this section may be paid for actual travel
and attendance at the rate provided for witnesses in the district courts of the United
States.
(Pub. L. 100–688, title IV, § 4106, Nov. 18, 1988, 102
Stat. 4157.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (b), was in the
original ‘‘this part’’ and was translated as reading ‘‘this
title’’ to reflect the probable intent of Congress.

§ 2607. Fees
The Secretary of Transportation may collect a
fee under section 9701 of title 31 of not more
than $1,000, from each person to whom a permit
is issued under this subchapter for a permitting
system and to maintain information.
(Pub. L. 100–688, title IV, § 4107, Nov. 18, 1988, 102
Stat. 4158.)

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

§ 2608. Civil penalty procedures
(a) General procedures
After notice and an opportunity for a hearing,
a person found by the Secretary of Transportation to have violated this chapter or a regulation prescribed under this chapter for which a
civil penalty is provided, is liable to the United
States Government for the civil penalty provided. The amount of the civil penalty shall be
assessed by the Secretary by written notice. In
determining the amount of the penalty, the Secretary shall consider the nature, circumstances,
extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses,
ability to pay, and other matters that justice requires.
(b) Compromising penalties
The Secretary may compromise, modify, or
remit, with or without consideration, a civil
penalty under this chapter until the assessment
is referred to the Attorney General.
(c) Referral to Attorney General
If a person fails to pay an assessment of a civil
penalty after it has become final, the Secretary
may refer the matter to the Attorney General
for collection in an appropriate district court of
the United States.
(d) Refund of penalty
The Secretary may refund or remit a civil penalty collected under this chapter if—
(1) application has been made for refund or
remission of the penalty within one year from
the date of payment; and
(2) the Secretary finds that the penalty was
unlawfully, improperly, or excessively imposed.
(Pub. L. 100–688, title IV, § 4108, Nov. 18, 1988, 102
Stat. 4158.)
§ 2609. Penalties
(a) General penalty
Except as provided in subsection (b) of this
section, a person violating this chapter is liable
to the United States Government for a civil penalty of not more than $25,000. Each day of a continuing violation is a separate violation. A vessel involved in the violation also is liable in rem
for the penalty.
(b) Operating without a permit
A person violating section 2602 of this title is
liable to the United States Government for a
civil penalty of not more than $10,000. Each day
of a continuing violation is a separate violation.
A vessel involved in the violation also is liable
in rem for the penalty.
(c) Criminal penalty
Any person that knowingly violates, or that
knowingly aids, abets, authorizes, or instigates
a violation of this chapter, shall be fined under
title 18, imprisoned for not more than 3 years, or
both.
(d) Payments for information
The court, the Secretary of Transportation, or
the Administrator, as the case may be, may pay

§ 2622

up to one-half of a fine or penalty to any person
giving information leading to the assessment of
the fine or penalty.
(Pub. L. 100–688, title IV, § 4109, Nov. 18, 1988, 102
Stat. 4158.)
SUBCHAPTER II—RELATED PROVISIONS
§ 2621. Study and recommendations
(a) Study
The Administrator, in consultation with the
Secretary of Transportation, shall conduct a
study to determine the need for, and effectiveness of additional tracking systems for vessels
to assure that municipal or commercial waste is
not deposited in coastal waters. In conducting
this study, the Administrator shall use the data
collected from its permitting and enforcement
activities under this chapter. In determining the
effectiveness of tracking systems, the Administrator shall rely on the information provided by
the Secretary under subsection (b) of this section. The report shall include a recommendation
whether additional tracking systems are needed.
This study shall be submitted to Congress within 24 months after November 18, 1988.
(b) Recommendations
The Secretary shall provide recommendations
to the Administrator concerning the various
tracking systems that might be applicable to
vessels transporting municipal or commercial
waste which the Secretary currently is studying. The Secretary shall consider the relative effectiveness of various systems and the relative
costs of the systems both to the United States
Government and to the vessel owner.
(Pub. L. 100–688, title IV, § 4201, Nov. 18, 1988, 102
Stat. 4159.)
§ 2622. Relation to other laws
(a) Effect on Federal and State laws
This chapter does not affect the application of
any other Federal or State law, statutory or
common, including the Marine Protection, Research, and Sanctuaries Act of 1972 [16 U.S.C.
1431 et seq., 1447 et seq.; 33 U.S.C. 1401 et seq.,
2801 et seq.] and the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.).
(b) Effect on foreign vessels
This chapter shall be carried out with respect
to foreign vessels consistent with the obligations of the United States under international
law.
(Pub. L. 100–688, title IV, § 4202, Nov. 18, 1988, 102
Stat. 4159.)
REFERENCES IN TEXT
The Marine Protection, Research, and Sanctuaries
Act of 1972, referred to in subsec. (a), is Pub. L. 92–532,
Oct. 23, 1972, 86 Stat. 1052, as amended, which is classified generally to chapters 27 (§ 1401 et seq.) and 41 (§ 2801
et seq.) of this title and chapters 32 (§ 1431 et seq.) and
32A (§ 1447 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short
Title note set out under section 1401 of this title and
Tables.
The Solid Waste Disposal Act, referred to in subsec.
(a), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997,

§ 2623

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976,
90 Stat. 2795, which is classified generally to chapter 82
(§ 6901 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 6901 of
Title 42 and Tables.

§ 2623. Authorization of appropriations
There are authorized to be appropriated
$1,500,000 for each of the fiscal years 1989 and
1990, to carry out this chapter.
(Pub. L. 100–688, title IV, § 4203, Nov. 18, 1988, 102
Stat. 4160.)
CHAPTER 40—OIL POLLUTION
SUBCHAPTER I—OIL POLLUTION LIABILITY AND
COMPENSATION
Sec.

2701.
2702.
2703.
2704.
2705.
2706.
2707.
2708.
2709.
2710.
2711.
2712.
2713.
2714.
2715.
2716.
2716a.
2717.
2718.
2719.
2720.

Definitions.
Elements of liability.
Defenses to liability.
Limits on liability.
Interest; partial payment of claims.
Natural resources.
Recovery by foreign claimants.
Recovery by responsible party.
Contribution.
Indemnification agreements.
Consultation on removal actions.
Uses of Fund.
Claims procedure.
Designation of source and advertisement.
Subrogation.
Financial responsibility.
Financial responsibility civil penalties.
Litigation, jurisdiction, and venue.
Relationship to other law.
State financial responsibility.
Differentiation among fats, oils, and greases.

SUBCHAPTER II—PRINCE WILLIAM SOUND
PROVISIONS
2731.
2732.
2733.
2734.
2735.
2736.
2737.
2738.

Oil Spill Recovery Institute.
Terminal and tanker oversight and monitoring.
Bligh Reef light.
Vessel traffic service system.
Equipment and personnel requirements under
tank vessel and facility response plans.
Funding.
Limitation.
North Pacific Marine Research Institute.
SUBCHAPTER III—MISCELLANEOUS

2751.
2752.
2753.

Savings provision.
Annual appropriations.
Repealed.

SUBCHAPTER IV—OIL POLLUTION RESEARCH
AND DEVELOPMENT PROGRAM
2761.
2762.

Oil pollution research and development program.
Submerged oil program.

SUBCHAPTER I—OIL POLLUTION LIABILITY
AND COMPENSATION
§ 2701. Definitions
For the purposes of this Act, the term—
(1) ‘‘act of God’’ means an unanticipated
grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character the effects of which could
not have been prevented or avoided by the exercise of due care or foresight;

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(2) ‘‘barrel’’ means 42 United States gallons
at 60 degrees fahrenheit;
(3) ‘‘claim’’ means a request, made in writing for a sum certain, for compensation for
damages or removal costs resulting from an
incident;
(4) ‘‘claimant’’ means any person or government who presents a claim for compensation
under this subchapter;
(5) ‘‘damages’’ means damages specified in
section 2702(b) of this title, and includes the
cost of assessing these damages;
(6) ‘‘deepwater port’’ is a facility licensed
under the Deepwater Port Act of 1974 (33
U.S.C. 1501–1524);
(7) ‘‘discharge’’ means any emission (other
than natural seepage), intentional or unintentional, and includes, but is not limited to,
spilling, leaking, pumping, pouring, emitting,
emptying, or dumping;
(8) ‘‘exclusive economic zone’’ means the
zone established by Presidential Proclamation
Numbered 5030, dated March 10, 1983, including
the ocean waters of the areas referred to as
‘‘eastern special areas’’ in Article 3(1) of the
Agreement between the United States of
America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed
June 1, 1990;
(9) ‘‘facility’’ means any structure, group of
structures, equipment, or device (other than a
vessel) which is used for one or more of the
following purposes: exploring for, drilling for,
producing, storing, handling, transferring,
processing, or transporting oil. This term includes any motor vehicle, rolling stock, or
pipeline used for one or more of these purposes;
(10) ‘‘foreign offshore unit’’ means a facility
which is located, in whole or in part, in the
territorial sea or on the continental shelf of a
foreign country and which is or was used for
one or more of the following purposes: exploring for, drilling for, producing, storing, handling, transferring, processing, or transporting
oil produced from the seabed beneath the foreign country’s territorial sea or from the foreign country’s continental shelf;
(11) ‘‘Fund’’ means the Oil Spill Liability
Trust Fund, established by section 9509 of title
26;
(12) ‘‘gross ton’’ has the meaning given that
term by the Secretary under part J of title 46;
(13) ‘‘guarantor’’ means any person, other
than the responsible party, who provides evidence of financial responsibility for a responsible party under this Act;
(14) ‘‘incident’’ means any occurrence or series of occurrences having the same origin, involving one or more vessels, facilities, or any
combination thereof, resulting in the discharge or substantial threat of discharge of
oil;
(15) ‘‘Indian tribe’’ means any Indian tribe,
band, nation, or other organized group or community, but not including any Alaska Native
regional or village corporation, which is recognized as eligible for the special programs and
services provided by the United States to Indians because of their status as Indians and has
governmental authority over lands belonging
to or controlled by the tribe;