View all text of Chapter 34 [§ 1651 - § 1656]
§ 1656. Civil penalties
(a) Penalty
Except as provided in subsection (c)(4), 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
(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
(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.
(Pub. L. 93–153, title II, § 207, as added Pub. L. 101–380, title VIII, § 8202, Aug. 18, 1990, 104 Stat. 571.)