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United States
33 USC CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-CITE-
33 USC CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-
CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-MISC1-
Sec.
1901. Definitions.
1902. Ships subject to preventive measures.
(a) Included vessels.
(b) Excluded vessels.
(c) Discharges in special areas.
(d) Regulations.
(e) Compliance by excluded vessels.
(f) Waiver authority.
(g) Noncommercial shipping standards.
1902a. Discharge of agricultural cargo residue.
1903. Administration and enforcement.
(a) Duty of Secretary; Annexes of Convention
applicable to seagoing vessels.
(b) Regulations; refuse record books; waste
management plans; notification of crew and
passengers.
(c) Utilization of personnel, facilities, or
equipment of other Federal departments and
agencies.
1904. Certificates.
(a) Issuance by authorized designees; restriction
on issuance.
(b) Validity of foreign certificates.
(c) Location onboard vessel; inspection of vessels
subject to jurisdiction of the United States.
(d) Onboard inspections; other Federal inspection
authority unaffected.
(e) Detention orders; duration of detention;
shipyard option.
(f) Ship clearance or permits; refusal or
revocation.
(g) Review of detention orders; petition;
determination by Secretary.
(h) Compensation for loss or damage.
1905. Pollution reception facilities.
(a) Adequacy; criteria.
(b) Traffic considerations.
(c) Certificate; issuance; validity; inspection;
review of suspension or revocation by
Secretary.
(d) Publication of list of certificated ports or
terminals.
(e) Entry; denial.
(f) Surveys.
1906. Incidents involving ships.
(a) Requirement to report incident.
(b) Requirement to report discharge, probable
discharge, or presence of oil.
1907. Violations.
(a) General prohibition; cooperation and
enforcement; detection and monitoring
measures; reports; evidence.
(b) Investigations; subpenas: issuance by
Secretary, enforcement; action by Secretary;
information to party.
(c) Ship inspections; reports to Secretary;
additional action.
(d) Garbage disposal inspections; covered ships;
enforcement actions.
(e) Harmful substance or garbage disposal
inspections; covered ships; enforcement
actions.
(f) Supplemental remedies and requirements; other
provisions and available remedies unaffected.
1908. Penalties for violations.
(a) Criminal penalties; payment for information
leading to conviction.
(b) Civil penalties; separate violations;
assessment notice; considerations affecting
amount; payment for information leading to
assessment of penalty.
(c) Abatement of civil penalties; collection by
Attorney General.
(d) Liability in rem; district court jurisdiction.
(e) Ship clearance or permits; refusal or
revocation; bond or other surety.
(f) Referrals for appropriate action by foreign
country.
1909. MARPOL Protocol; proposed amendments.
(a) Acceptance of certain amendments by the
President.
(b) Action on certain amendments by the Secretary
of State.
(c) Declaration of nonacceptance by the Secretary
of State.
1910. Legal actions.
(a) Persons with adversely affected interests as
plaintiffs; defendants.
(b) Commencement conditions.
(c) Venue.
(d) Costs; attorney fees; witness fees.
(e) Federal intervention.
1911. Authority of Secretary under port and tanker safety
program unaffected.
1912. International law.
1913. Compliance reports.
(a) In general.
(b) Report on inability to comply.
(c) Congressional action.
1914. Coordination.
(a) Establishment of Marine Debris Coordinating
Committee.
(b) Membership.
(c) Meetings.
(d) Monitoring.
1915. Plastic pollution public education program.
(a) Outreach program.
(b) Citizen Pollution Patrols.

-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 1902a, 1913, 1914, 1915
of this title; title 16 sections 2403, 2405; title 18 section 1956.

-End-



-CITE-
33 USC Sec. 1901 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-
Sec. 1901. Definitions

-STATUTE-
(a) Unless the context indicates otherwise, as used in this
chapter -
(1) "Antarctica" means the area south of 60 degrees south
latitude;
(2) "Antarctic Protocol" means the Protocol on Environmental
Protection to the Antarctic Treaty, signed October 4, 1991, in
Madrid, and all annexes thereto, and includes any future
amendments thereto which have entered into force;
(3) "MARPOL Protocol" means the Protocol of 1978 relating to
the International Convention for the Prevention of Pollution from
Ships, 1973, and includes the Convention;
(4) "Convention" means the International Convention for the
Prevention of Pollution from Ships, 1973, including Protocols I
and II and Annexes I, II, and V thereto, including any
modification or amendments to the Convention, Protocols, or
Annexes which have entered into force for the United States;
(5) "discharge" and "garbage" and "harmful substance" and
"incident" shall have the meanings provided in the Convention;
(6) "owner" means any person holding title to, or in the
absence of title, any other indicia of ownership of, a ship or
terminal, but does not include a person who, without
participating in the management or operation of a ship or
terminal, holds indicia of ownership primarily to protect a
security interest in the ship or terminal;
(7) "operator" means -
(a) in the case of a ship, a charterer by demise or any other
person, except the owner, who is responsible for the operation,
manning, victualing, and supplying of the vessel, or
(b) in the case of a terminal, any person, except the owner,
responsible for the operation of the terminal by agreement with
the owner;

(8) "person" means an individual, firm, public or private
corporation, partnership, association, State, municipality,
commission, political subdivision of a State, or any interstate
body;
(9) "Secretary" means the Secretary of the department in which
the Coast Guard is operating;
(10) "ship" means a vessel of any type whatsoever, including
hydrofoils, air-cushion vehicles, submersibles, floating craft
whether self-propelled or not, and fixed or floating platforms;
(11) "submersible" means a submarine, or any other vessel
designed to operate under water; and
(12) "terminal" means an onshore facility or an offshore
structure located in the navigable waters of the United States or
subject to the jurisdiction of the United States and used, or
intended to be used, as a port or facility for the transfer or
other handling of a harmful substance.

(b) For purposes of this chapter, the requirements of Annex V
shall apply to the navigable waters of the United States, as well
as to all other waters and vessels over which the United States has
jurisdiction.
(c) For the purposes of this chapter, the requirements of Annex
IV to the Antarctic Protocol shall apply in Antarctica to all
vessels over which the United States has jurisdiction.

-SOURCE-
(Pub. L. 96-478, Sec. 2, Oct. 21, 1980, 94 Stat. 2297; Pub. L.
100-220, title II, Sec. 2101, Dec. 29, 1987, 101 Stat. 1460; Pub.
L. 103-160, div. A, title X, Sec. 1003(f), Nov. 30, 1993, 107 Stat.
1748; Pub. L. 104-227, title II, Sec. 201(a), Oct. 2, 1996, 110
Stat. 3042.)

-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this
Act", meaning Pub. L. 96-478, Oct. 21, 1980, 94 Stat. 2297, known
as the "Act to Prevent Pollution from Ships". For complete
classification of this Act to the Code, see Short Title note below
and Tables.


-MISC1-
AMENDMENTS
1996 - Subsec. (a). Pub. L. 104-227, Sec. 201(a)(1), (2), added
pars. (1) and (2) and redesignated former pars. (1) to (10) as (3)
to (12), respectively.
Subsec. (c). Pub. L. 104-227, Sec. 201(a)(3), added subsec. (c).
1993 - Subsec. (a)(9), (10). Pub. L. 103-160 added par. (9) and
redesignated former par. (9) as (10).
1987 - Subsec. (a). Pub. L. 100-220, Sec. 2101(1), designated
existing provisions as subsec. (a).
Subsec. (a)(1). Pub. L. 100-220, Sec. 2101(2), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: " 'MARPOL
Protocol' means the Protocol of 1978 Relating to the International
Convention for the Prevention of Pollution from Ships, 1973, done
at London on February 17, 1978. This Protocol incorporates and
modifies the International Convention for the Prevention of
Pollution from Ships, 1973, done at London on November 2, 1973;".
Subsec. (a)(2). Pub. L. 100-220, Sec. 2101(3), substituted
"Annexes I, II, and V thereto, including any modification or
amendments to the Convention, Protocols, or Annexes which have
entered into force for the United States" for "Annexes I and II
attached thereto".
Subsec. (a)(3). Pub. L. 100-220, Sec. 2101(4), inserted "and
'garbage' ".
Subsec. (b). Pub. L. 100-220, Sec. 2101(5), added subsec. (b).

EFFECTIVE DATE OF 1987 AMENDMENT
Section 2002 of title II of Pub. L. 100-220 provided that:
"(a) In General. - Except as provided in subsections (b) and (c),
this title [enacting sections 1912 to 1915 of this title, amending
this section and sections 1902, 1903, 1905, and 1907 to 1909 of
this title, and enacting provisions set out as notes under this
section, section 2267 of this title, and section 6981 of Title 42,
The Public Health and Welfare] shall be effective on the date on
which Annex V to the International Convention for the Prevention of
Pollution from Ships, 1973, enters into force for the United
States. [Annex V entered into force for the United States Dec. 31,
1988.]
"(b) Exceptions. - Sections 2001, 2002, 2003, 2108, 2202, 2203,
2204, and subtitle C of this title [enacting sections 1912, 1914,
and 1915 of this title, and provisions set out as notes under this
section, section 2267 of this title, and section 6981 of Title 42]
shall be effective on the date of the enactment of this title [Dec.
29, 1987].
"(c) Issuance of Regulations. -
"(1) In general. - The authority to prescribe regulations
pursuant to this title shall be effective on the date of
enactment of this title [Dec. 29, 1987].
"(2) Effective date of regulations. - Any regulation prescribed
pursuant to this title shall not be effective before the
effective date of the provision of this title under which the
regulation is prescribed."

EFFECTIVE DATE
Section 14(a), (b) of Pub. L. 96-478 provided:
"(a) Except as provided in subsection (b) of this section, this
Act [see Short Title note below] is effective upon the date of
enactment [Oct. 21, 1980], or on the date the MARPOL Protocol
becomes effective as to the United States, whichever is later. [The
MARPOL Protocol became effective as to the United States Oct. 2,
1983.]
"(b) The Secretary and the heads of Federal departments shall
have the authority to issue regulations, standards, and
certifications under sections 3(c), 3(d), 4(b), 5(a), 6(a), 6(c),
and 6(f) [sections 1902(c), (d), 1903(b), 1904(a), and 1905(a),
(c), (f) of this title] effective on the date of enactment of this
Act [Oct. 21, 1980]. Section 13(a)(2) [amending section 391a(3)(E)
of former Title 46, Shipping] is effective upon the date of
enactment of this Act [Oct. 21, 1980]."

SHORT TITLE OF 1987 AMENDMENT
Section 2001 of title II of Pub. L. 100-220 provided that: "This
title [see Effective Date of 1987 Amendment note above] may be
cited as the 'Marine Plastic Pollution Research and Control Act of
1987'."

SHORT TITLE
Section 1 of Pub. L. 96-478 provided: "That this Act [enacting
this chapter, amending section 1321 of this title and section
742c(c) of Title 16, Conservation, and section 391a of former Title
46, Shipping, repealing sections 1001 to 1011 and 1013 to 1016 of
this title, and enacting provisions set out as notes under section
1001 of this title, and section 742c of Title 16] may be cited as
the 'Act to Prevent Pollution from Ships'."

SAVINGS PROVISION: REGULATIONS IN EFFECT UNTIL SUPERSEDED
Section 14(c) of Pub. L. 96-478 provided that: "Any rights or
liabilities existing on the effective date of this Act [see
Effective Date note above] shall not be affected by this enactment
[see Short Title note above]. Any regulations or procedures
promulgated or effected pursuant to the Oil Pollution Act, 1961, as
amended [section 1001 et seq. of this title], remain in effect
until modified or superseded by regulations promulgated under the
authority of the MARPOL Protocol or this Act."


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.


-MISC2-
STUDY AND REGULATION OF GREAT LAKES CARGO RESIDUES
Pub. L. 106-554, Sec. 1(a)(4) [div. A, Sec. 1117(b), (c)], Dec.
21, 2000, 114 Stat. 2763, 2763A-209, provided that:
"(b) The Secretary shall conduct a study of the effectiveness of
the United States 1997 Enforcement Policy for Cargo Residues on the
Great Lakes ('Policy') by September 30, 2002.
"(c) The Secretary is authorized to promulgate regulations to
implement and enforce a program to regulate incidental discharges
from vessels of residues of non-hazardous and non-toxic dry bulk
cargo into the waters of the Great Lakes, which takes into account
the finding in the study required under subsection (b). This
program shall be consistent with the Policy."

CERTAIN ALASKAN CRUISE SHIP OPERATIONS
Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XIV], Dec. 21, 2000,
114 Stat. 2763, 2763A-315, provided that:

"SEC. 1401. PURPOSE.
"The purpose of this title is to:
"(1) Ensure that cruise vessels operating in the waters of the
Alexander Archipelago and the navigable waters of the United
States within the State of Alaska and within the Kachemak Bay
National Estuarine Research Reserve comply with all applicable
environmental laws, including, but not limited to, the Federal
Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.),
the Act to Prevent Pollution from Ships, as amended (33 U.S.C.
1901 et seq.), and the protections contained within this title.
"(2) Ensure that cruise vessels do not discharge untreated
sewage within the waters of the Alexander Archipelago, the
navigable waters of the United States in the State of Alaska, or
within the Kachemak Bay National Estuarine Research Reserve.
"(3) Prevent the unregulated discharge of treated sewage and
graywater while in ports in the State of Alaska or traveling near
the shore in the Alexander Archipelago and the navigable waters
of the United States in the State of Alaska or within the
Kachemak Bay National Estuarine Research Reserve.
"(4) Ensure that discharges of sewage and graywater from cruise
vessels operating in the Alexander Archipelago and the navigable
waters of the United States in the State of Alaska or within the
Kachemak Bay National Estuarine Research Reserve can be monitored
for compliance with the requirements contained in this title.

"SEC. 1402. APPLICABILITY.
"This title applies to all cruise vessels authorized to carry 500
or more passengers for hire.

"SEC. 1403. PROHIBITION ON DISCHARGE OF UNTREATED SEWAGE.
"No person shall discharge any untreated sewage from a cruise
vessel into the waters of the Alexander Archipelago or the
navigable waters of the United States within the State of Alaska or
within the Kachemak Bay National Estuarine Research Reserve.

"SEC. 1404. LIMITATIONS ON DISCHARGE OF TREATED SEWAGE OR
GRAYWATER.
"(a) No person shall discharge any treated sewage or graywater
from a cruise vessel into the waters of the Alexander Archipelago
or the navigable waters of the United States within the State of
Alaska or within the Kachemak Bay National Estuarine Research
Reserve unless -
"(1) the cruise vessel is underway and proceeding at a speed of
not less than six knots;
"(2) the cruise vessel is not less than one nautical mile from
the nearest shore, except in areas designated by the Secretary,
in consultation with the State of Alaska;
"(3) the discharge complies with all applicable cruise vessel
effluent standards established pursuant to this title and any
other applicable law; and
"(4) the cruise vessel is not in an area where the discharge of
treated sewage or graywater is prohibited.
"(b) The Administrator, in consultation with the Secretary, may
promulgate regulations allowing the discharge of treated sewage or
graywater, otherwise prohibited under paragraphs (a)(1) and (a)(2)
of this section, where the discharge meets effluent standards
determined by the Administrator as appropriate for discharges into
the marine environment. In promulgating such regulations, the
Administrator shall take into account the best available scientific
information on the environmental effects of the regulated
discharges. The effluent discharge standards promulgated under this
section shall, at a minimum, be consistent with all relevant State
of Alaska water quality standards in force at the time of the
enactment of this title [Dec. 21, 2000].
"(c) Until such time as the Administrator promulgates regulations
under paragraph (b) of this section, treated sewage and graywater
may be discharged from vessels subject to this title in
circumstances otherwise prohibited under paragraphs (a)(1) and
(a)(2) of this section, provided that -
"(1) the discharge satisfies the minimum level of effluent
quality specified in 40 CFR 133.102, as in effect on the date of
enactment of this section [Dec. 21, 2000];
"(2) the geometric mean of the samples from the discharge
during any 30-day period does not exceed 20 fecal coliform/100 ml
and not more than 10 percent of the samples exceed 40 fecal
coliform/100 ml;
"(3) concentrations of total residual chlorine may not exceed
10.0 mg/l; and
"(4) prior to any such discharge occurring, the owner, operator
or master, or other person in charge of a cruise vessel, can
demonstrate test results from at least five samples taken from
the vessel representative of the effluent to be discharged, on
different days over a 30-day period, conducted in accordance with
the guidelines promulgated by the Administrator in 40 CFR Part
136, which confirm that the water quality of the effluents
proposed for discharge is in compliance with paragraphs (1), (2),
and (3) of this subsection. To the extent not otherwise being
done by the owner, operator, master or other person in charge of
a cruise vessel pursuant to section 1406, the owner, operator,
master or other person in charge of a cruise vessel shall
demonstrate continued compliance through periodic sampling. Such
sampling and test results shall be considered environmental
compliance records that must be made available for inspection
pursuant to section 1406(d) of this title.

"SEC. 1405. SAFETY EXCEPTION.
"Sections 1403 and 1404 of this title shall not apply to
discharges made for the purpose of securing the safety of the
cruise vessel or saving life at sea, provided that all reasonable
precautions have been taken for the purpose of preventing or
minimizing the discharge.

"SEC. 1406. INSPECTION AND SAMPLING REGIME.
"(a) The Secretary shall incorporate into the commercial vessel
examination program an inspection regime sufficient to verify that
cruise vessels visiting ports in the State of Alaska or operating
in the waters of the Alexander Archipelago or the navigable waters
of the United States within the State of Alaska or within the
Kachemak Bay National Estuarine Research Reserve are in full
compliance with this title, the Federal Water Pollution Control Act
[33 U.S.C. 1251 et seq.], as amended, and any regulations issued
thereunder, other applicable Federal laws and regulations, and all
applicable international treaty requirements.
"(b) The inspection regime shall, at a minimum, include -
"(1) examination of environmental compliance records and
procedures; and
"(2) inspection of the functionality and proper operation of
installed equipment for abatement and control of any discharge.
"(c) The inspection regime may -
"(1) include unannounced inspections of any aspect of cruise
vessel operations, equipment or discharges pertinent to the
verification under subsection (a) of this section; and
"(2) require the owner, operator or master, or other person in
charge of a cruise vessel subject to this title to maintain and
produce a logbook detailing the times, types, volumes or flow
rates and locations of any discharges of sewage or graywater
under this title.
"(d) The inspection regime shall incorporate a plan for sampling
and testing cruise vessel discharges to ensure that any discharges
of sewage or graywater are in compliance with this title, the
Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.], as
amended, and any other applicable laws and regulations, and may
require the owner, operator or master, or other person in charge of
a cruise vessel subject to this title to conduct such samples or
tests, and to produce any records of such sampling or testing at
the request of the Secretary or Administrator.

"SEC. 1407. CRUISE VESSEL EFFLUENT STANDARDS.
"Pursuant to this title and the authority of the Federal Water
Pollution Control Act [33 U.S.C. 1251 et seq.], as amended, the
Administrator may promulgate effluent standards for treated sewage
and graywater from cruise vessels operating in the waters of the
Alexander Archipelago or the navigable waters of the United States
within the State of Alaska or within the Kachemak Bay National
Estuarine Research Reserve. Regulations implementing such standards
shall take into account the best available scientific information
on the environmental effects of the regulated discharges and the
availability of new technologies for wastewater treatment. Until
such time as the Administrator promulgates such effluent standards,
treated sewage effluent discharges shall not have a fecal coliform
bacterial count of greater than 200 per 100 milliliters nor
suspended solids greater than 150 milligrams per liter.

"SEC. 1408. REPORTS.
"(a) Any owner, operator or master, or other person in charge of
a cruise vessel who has knowledge of a discharge from the cruise
vessel in violation of section 1403 or 1404 or pursuant to section
1405 of this title, or any regulations promulgated thereunder,
shall immediately report that discharge to the Secretary, who shall
provide a copy to the Administrator upon request.
"(b) The Secretary may prescribe the form of reports required
under this section.

"SEC. 1409. ENFORCEMENT.
"(a) Administrative Penalties. -
"(1) Violations. - Any person who violates section 1403, 1404,
1408, or 1413 of this title, or any regulations promulgated
pursuant to this title may be assessed a class I or class II
civil penalty by the Secretary or Administrator.
"(2) Classes of penalties. -
"(A) Class i. - The amount of a class I civil penalty under
this section may not exceed $10,000 per violation, except that
the maximum amount of any class I civil penalty under this
section shall not exceed $25,000. Before assessing a civil
penalty under this clause, the Secretary or Administrator, as
the case may be, shall give to the person to be assessed such
penalty written notice of the Secretary's or Administrator's
proposal to assess the penalty and the opportunity to request,
within 30 days of the date the notice is received by such
person, a hearing on the proposed penalty. Such hearing shall
not be subject to section 554 or 556 of title 5, but shall
provide a reasonable opportunity to be heard and to present
evidence.
"(B) Class ii. - The amount of a class II civil penalty under
this section may not exceed $10,000 per day for each day during
which the violation continues, except that the maximum amount
of any class II civil penalty under this section shall not
exceed $125,000. Except as otherwise provided in this
subsection, a class II civil penalty shall be assessed and
collected in the same manner, and subject to the same
provisions as in the case of civil penalties assessed and
collected after notice and an opportunity for a hearing on the
record in accordance with section 554 of title 5, United States
Code. The Secretary and Administrator may issue rules for
discovery procedures for hearings under this paragraph.
"(3) Rights of interested persons. -
"(A) Public notice. - Before issuing an order assessing a
class II civil penalty under this section, the Secretary or
Administrator, as the case may be, shall provide public notice
of and reasonable opportunity to comment on the proposed
issuance of each order.
"(B) Presentation of evidence. - Any person who comments on a
proposed assessment of a class II civil penalty under this
section shall be given notice of any hearing held under this
paragraph and of the order assessing such penalty. In any
hearing held under this paragraph, such person shall have a
reasonable opportunity to be heard and present evidence.
"(C) Rights of interested persons to a hearing. - If no
hearing is held under subsection (2) before issuance of an
order assessing a class II civil penalty under this section,
any person who commented on the proposed assessment may
petition, within 30 days after the issuance of such order, the
Administrator or Secretary, as the case may be, to set aside
such order and to provide a hearing on the penalty. If the
evidence presented by the petitioner in support of the petition
is material and was not considered in the issuance of the
order, the Administrator or Secretary shall immediately set
aside such order and provide a hearing in accordance with
subsection (2)(B). If the Administrator or Secretary denies a
hearing under this clause, the Administrator or Secretary shall
provide to the petitioner, and publish in the Federal Register,
notice of and the reasons for such denial.
"(4) Finality of order. - An order assessing a class II civil
penalty under this paragraph shall become final 30 days after its
issuance unless a petition for judicial review is filed under
subparagraph (6) or a hearing is requested under subsection
(3)(C). If such a hearing is denied, such order shall become
final 30 days after such denial.
"(5) Effect of action on compliance. - No action by the
Administrator or Secretary under this paragraph shall affect any
person's obligation to comply with any section of this title.
"(6) Judicial review. - Any person against whom a civil penalty
is assessed under this paragraph or who commented on the proposed
assessment of such penalty in accordance with subsection (3) may
obtain review of such assessment -
"(A) in the case of assessment of a class I civil penalty, in
the United States District Court for the District of Columbia
or in the District of Alaska; or
"(B) in the case of assessment of a class II civil penalty,
in 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, by filing a notice of appeal in
such court within the 30-day period beginning on the date the
civil penalty order is issued and by simultaneously sending a
copy of such notice by certified mail to the Administrator or
Secretary, as the case may be, and the Attorney General. The
Administrator or Secretary shall promptly file in such court a
certified copy of the record on which the order was issued.
Such court shall not set aside or remand such order unless
there is not substantial evidence in the record, taken as a
whole, to support the finding of a violation or unless the
Administrator's or Secretary's assessment of the penalty
constitutes an abuse of discretion and shall not impose
additional civil penalties for the same violation unless the
Administrator's or Secretary's assessment of the penalty
constitutes an abuse of discretion.
"(7) Collection. - If any person fails to pay an assessment of
a civil penalty -
"(A) after the assessment has become final, or
"(B) after a court in an action brought under subsection (6)
has entered a final judgment in favor of the Administrator or
Secretary, as the case may be, the Administrator or Secretary
shall request the Attorney General to bring a civil action in
an appropriate district court to recover the amount assessed
(plus interest at currently prevailing rates from the date of
the final order or the date of the final judgment, as the case
may be). In such an action, the validity, amount, and
appropriateness of such penalty shall not be subject to review.
Any person who fails to pay on a timely basis the amount of an
assessment of a civil penalty as described in the first
sentence of this subparagraph shall be required to pay, in
addition to such amount and interest, attorneys fees and costs
for collection proceedings and a quarterly nonpayment penalty
for each quarter during which such failure to pay persists.
Such nonpayment penalty shall be in an amount equal to 20
percent of the aggregate amount of such person's penalties and
nonpayment penalties which are unpaid as of the beginning of
such quarter.
"(8) Subpoenas. - The Administrator or Secretary, as the case
may be, may issue subpoenas for the attendance and testimony of
witnesses and the production of relevant papers, books, or
documents in connection with hearings under this section. In case
of contumacy or refusal to obey a subpoena issued pursuant to
this subsection and served upon any person, the district court of
the United States for any district in which such person is found,
resides, or transacts business, upon application by the United
States and after notice to such person, shall have jurisdiction
to issue an order requiring such person to appear and give
testimony before the Administrator or Secretary or to appear and
produce documents before the Administrator or Secretary, or both,
and any failure to obey such order of the court may be punished
by such court as a contempt thereof.
"(b) Civil Penalties. -
"(1) In general. - Any person who violates section 1403, 1404,
1408, or 1413 of this title, or any regulations promulgated
pursuant to this title shall be subject to a civil penalty not to
exceed $25,000 per day for each violation. Each day a violation
continues constitutes a separate violation.
"(2) Jurisdiction. - An action to impose a civil penalty under
this section may be brought in the district court of the United
States for the district in which the defendant is located,
resides, or transacts business, and such court shall have
jurisdiction to assess such penalty.
"(3) Limitation. - A person is not liable for a civil judicial
penalty under this paragraph for a violation if the person has
been assessed a civil administrative penalty under paragraph (a)
for the violation.
"(c) Determination of Amount. - In determining the amount of a
civil penalty under paragraphs (a) or (b) of this section, the
court, the Secretary or the Administrator, as the case may be,
shall consider the seriousness of the violation or violations, the
economic benefit (if any) resulting from the violation, any history
of such violations, any good-faith efforts to comply with the
applicable requirements, the economic impact of the penalty on the
violator, and other such matters as justice may require.
"(d) Criminal Penalties. -
"(1) Negligent violations. - Any person who negligently
violates section 1403, 1404, 1408, or 1413 of this title, or any
regulations promulgated pursuant to this title commits a Class A
misdemeanor.
"(2) Knowing violations. - Any person who knowingly violates
section 1403, 1404, 1408, or 1413 of this title, or any
regulations promulgated pursuant to this title commits a Class D
felony.
"(3) False statements. - Any person who knowingly makes any
false statement, representation, or certification in any record,
report or other document filed or required to be maintained under
this title or the regulations issued thereunder, or who
falsifies, tampers with, or knowingly renders inaccurate any
testing or monitoring device or method required to be maintained
under this title, or the regulations issued thereunder, commits a
Class D felony.
"(e) Awards. -
"(1) The Secretary, the Administrator, or the court, when
assessing any fines or civil penalties, as the case may be, may
pay from any fines or civil penalties collected under this
section an amount not to exceed one-half of the penalty or fine
collected, to any individual who furnishes information which
leads to the payment of the penalty or fine. If several
individuals provide such information, the amount shall be divided
equitably among such individuals. No officer or employee of the
United States, the State of Alaska or any federally recognized
Tribe who furnishes information or renders service in the
performance of his or her official duties shall be eligible for
payment under this subsection.
"(2) The Secretary, Administrator or the court, when assessing
any fines or civil penalties, as the case may be, may pay, from
any fines or civil penalties collected under this section, to the
State of Alaska or to any federally recognized Tribe providing
information or investigative assistance which leads to payment of
the penalty or fine, an amount which reflects the level of
information or investigative assistance provided. Should the
State of Alaska or a federally recognized Tribe and an individual
under paragraph (1) of this section be eligible for an award, the
Secretary, the Administrator, or the court, as the case may be,
shall divide the amount equitably.
"(f) Liability in Rem. - A cruise vessel operated in violation of
this title or the regulations issued thereunder is liable in rem
for any fine imposed under subsection (d) of this section or for
any civil penalty imposed under subsections (a) or (b) of this
section, and may be proceeded against in the United States district
court of any district in which the cruise vessel may be found.
"(g) Compliance Orders. -
"(1) In general. - Whenever on the basis of any information
available to him the Administrator finds that any person is in
violation of section 1403, 1404, 1408, or 1413 of this title, or
any regulations promulgated pursuant to this title, the
Administrator shall issue an order requiring such person to
comply with such section or requirement, or shall bring a civil
action in accordance with subsection (b).
"(2) Copies of orders, service. - A copy of any order issued
under this subsection shall be sent immediately by the
Administrator to the State of Alaska. In any case in which an
order under this subsection is issued to a corporation, a copy of
such order shall be served on any appropriate corporate officer.
Any order issued under this subsection shall be by personal
service, shall state with reasonable specificity the nature of
the violation, and shall specify a time for compliance not to
exceed 30 days in the case of a violation of an interim
compliance schedule or operation and maintenance requirement and
not to exceed a time the Administrator determines to be
reasonable in the case of a violation of a final deadline, taking
into account the seriousness of the violation and any good faith
efforts to comply with applicable requirements.
"(h) Civil Actions. - The Administrator is authorized to commence
a civil action for appropriate relief, including a permanent or
temporary injunction, for any violation for which he is authorized
to issue a compliance order under this subsection. Any action under
subsection (h) may be brought in the district court of the United
States for the district in which the defendant is located or
resides or is doing business, and such court shall have
jurisdiction to restrain such violation and to require compliance.
Notice of the commencement of such action shall be given
immediately to the State of Alaska.

"SEC. 1410. DESIGNATION OF CRUISE VESSEL NO-DISCHARGE ZONES.
"If the State of Alaska determines that the protection and
enhancement of the quality of some or all of the waters of the
Alexander Archipelago or the navigable waters of the United States
within the State of Alaska or within the Kachemak Bay National
Estuarine Research Reserve require greater environmental
protection, the State of Alaska may petition the Administrator to
prohibit the discharge of graywater and sewage from cruise vessels
operating in such waters. The establishment of such a prohibition
shall be achieved in the same manner as the petitioning process and
prohibition of the discharge of sewage pursuant to section 312(f)
of the Federal Water Pollution Control Act [33 U.S.C. 1322(f)], as
amended, and the regulations promulgated thereunder.

"SEC. 1411. SAVINGS CLAUSE.
"(a) Nothing in this title shall be construed as restricting,
affecting, or amending any other law or the authority of any
department, instrumentality, or agency of the United States.
"(b) Nothing in this title shall in any way affect or restrict,
or be construed to affect or restrict, the authority of the State
of Alaska or any political subdivision thereof -
"(1) to impose additional liability or additional requirements;
or
"(2) to impose, or determine the amount of a fine or penalty
(whether criminal or civil in nature) for any violation of law;
relating to the discharge of sewage (whether treated or
untreated) or graywater in the waters of the Alexander
Archipelago and the navigable waters of the United States within
the State of Alaska or within the Kachemak Bay National Estuarine
Research Reserve.

"SEC. 1412. REGULATIONS.
"The Secretary and the Administrator each may prescribe any
regulations necessary to carry out the provisions of this title.

"SEC. 1413. INFORMATION GATHERING AUTHORITY.
"The authority of sections 308(a) and (b) of the Federal Water
Pollution Control Act [33 U.S.C. 1318(a), (b)], as amended, shall
be available to the Administrator to carry out the provisions of
this title. The Administrator and the Secretary shall minimize, to
the extent practicable, duplication of or inconsistency with the
inspection, sampling, testing, recordkeeping, and reporting
requirements established by the Secretary under section 1406 of
this title.

"SEC. 1414. DEFINITIONS.
"In this title:
"(1) Administrator. - The term 'Administrator' means the
Administrator of the United States Environmental Protection
Agency.
"(2) Cruise vessel. - The term 'cruise vessel' means a
passenger vessel as defined in section 2101(22) of title 46,
United States Code. The term 'cruise vessel' does not include a
vessel of the United States operated by the Federal Government or
a vessel owned and operated by the government of a State.
"(3) Discharge. - The term 'discharge' means any release
however caused from a cruise vessel, and includes any escape,
disposal, spilling, leaking, pumping, emitting, or emptying.
"(4) Graywater. - The term 'graywater' means only galley,
dishwasher, bath, and laundry waste water. The term does not
include other wastes or waste streams.
"(5) Navigable waters. - The term 'navigable waters' has the
same meaning as in section 502 of the Federal Water Pollution
Control Act [33 U.S.C. 1362], as amended.
"(6) Person. - The term 'person' means an individual,
corporation, partnership, limited liability company, association,
State, municipality, commission, or political subdivision of a
State, or any federally recognized tribe.
"(7) Secretary. - The term 'Secretary' means the Secretary of
the department in which the United States Coast Guard is
operating.
"(8) Sewage. - The term 'sewage' means human body wastes and
the wastes from toilets and other receptacles intended to receive
or retain body waste.
"(9) Treated sewage. - The term 'treated sewage' means sewage
meeting all applicable effluent limitation standards and
processing requirements of the Federal Water Pollution Control
Act [33 U.S.C. 1251 et seq.], as amended[,] and of this title,
and regulations promulgated under either.
"(10) Untreated sewage. - The term 'untreated sewage' means
sewage that is not treated sewage.
"(11) Waters of the Alexander Archipelago. - The term 'waters
of the Alexander Archipelago' means all waters under the
sovereignty of the United States within or near Southeast Alaska,
beginning at a point 58º1141N, 136º3925W [near Cape Spencer Light], thence southeasterly
along a line three nautical miles seaward of the baseline from
which the breadth of the territorial sea is measured in the
Pacific Ocean and the Dixon Entrance, except where this line
intersects geodesics connecting the following five pairs of
points:
"(1) 58º0517N, 136º3349W and 58º1141N, 136º3925W [Cross Sound].
"(2) 56º0940N, 134º4000W and 55º4915N, 134º1740W [Chatham Strait].
"(3) 55º4915N, 134º1740W and 55º5030N, 133º5415W [Sumner Strait].
"(4) 54º4130N, 132º0100W and 54º5130N, 131º2045W [Clarence Strait].
"(5) 54º5130N, 131º2045W and 54º4615N, 130º