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2026-07-06 10:51:44 -04:00

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LegalText 33 U.S.C. § 2716a Financial responsibility civil penalties us united_states_code code_section 33 NAVIGATION AND NAVIGABLE WATERS 40 OIL POLLUTION 2716a 33 U.S.C. § 2716a current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc33@119-100.zip /us/usc/t33/s2716a data/legal/raw/us/code/title-33/usc33.xml 053f680838b2e2eb4192777507b0044949fa45567941120935c9e65ce44f57a6 de3d130b31eae77f8c0fc593f61b7287899297718d678d500eea123559828523 a48ecdec9c8be70bd7d826731168bee2b8e81ea0ed8c0ba5476d717c38651c65 2026-07-04 official
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33 U.S.C. § 2716a - Financial responsibility civil penalties

Text

(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.

(Pub. L. 101380, title IV, § 4303, Aug. 18, 1990, 104 Stat. 539; Pub. L. 115232, div. C, title XXXV, § 3547(d), Aug. 13, 2018, 132 Stat. 2328.)

Notes

Editorial Notes

Codification Section was not enacted as part of title I of Pub. L. 101380 which comprises this subchapter.

Amendments2018—Subsec. (a). Pub. L. 115232, § 3547(d)(1), substituted “subsection (b)(2)” for “subsection (c)(2)”. Subsec. (b). Pub. L. 115232, § 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.