Oil Spill Cleanup and Enforcement Act of 1989

Summary

Oil Spill Cleanup and Enforcement Act of 1989 - Amends the Clean Water Act to make technical amendments to a provision concerning judicial relief for discharges of oil or hazardous substances which threaten public health or welfare or the environment. Makes persons who fail to comply with presidential orders regarding such discharges subject to fines of up to $25,000 per day of violation. Exempts presidential determinations concerning such discharges from judicial review. Authorizes the reimbursement of persons in compliance with presidential orders. Makes persons who fail to provide removal actions for such discharges liable to the United States for punitive damages in an amount at least three times the amount of costs incurred by the United States as a result of such failure to take action. Prescribes penalties of up to $25,000 per day or $1,000 per barrel of oil or hazardous substance (currently, up to $5,000 for each offense) for discharges of oil or hazardous substances on U.S. navigable waters, shorelines, or waters of the contiguous zone. Requires penalties of at least $250,000 to be imposed where the discharge was the result of willful negligence, willful misconduct, or a violation of applicable safety, construction, or operating regulations. Repeals a provision which prohibits the assessment of civil penalties under two sections of the Clean Water Act for the same discharge. Prohibits persons who knowingly fail to provide notice of any discharge to the U.S. Government from being entitled to any of the defenses to liability under such Act. Directs (currently, authorizes) the President to arrange for the removal of oil or hazardous substances discharges on U.S. navigable waters, shorelines, or waters of the contiguous zone. Revises provisions concerning liability for removal costs to make responsible parties jointly and severally liable for: (1) all removal costs incurred by the U.S. Government or a State; (2) any removal costs incurred by any other person, consistent with the National Contingency Plan; and (3) all damages for economic loss or loss of natural resources resulting from such discharges. Makes the U.S. Government or any State liable for injuries or destruction to their respective natural resources resulting from such discharges. Requires the President or the authorized State representative to act as trustee of such natural resources to recover any damages. Prohibits double recovery for such damages. Authorizes the Secretary of the department in which the Coast Guard is operating to assess administrative penalties for certain violations of the Clean Water Act.

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2 official files

• Introduced in Senate (text)

  Introduced in Senate · EN

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• Introduced in Senate

  summary · EN · 22 June 1989

  Open at official source

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