Corporate Environmental Responsibility Act of 1989

Summary

Corporate Environmental Responsibility Act of 1989 - Amends the Clean Water Act to require owners or operators of vessels or onshore or offshore facilities from which oil or a hazardous substance is discharged to be assessed a civil penalty by the Secretary of the department in which the Coast Guard is operating in an amount equal to removal costs and costs for the restoration or replacement of damaged natural resources. Doubles such penalties for discharges attributable to negligence. Requires the Secretary, in the case of a discharge that was both catastrophic and attributable to negligence or misconduct of an owner or operator, to assess a civil penalty in an amount equal to 25 percent of the profits made by such individual in the preceding fiscal year or to 25 percent of the average of such profits in the preceding five fiscal years. Establishes a Resources Restoration and Environmental Fund to be used for the restoration of natural resources damaged by such discharges and for other appropriate purposes. Requires certain amounts of the penalties recovered under this Act to be deposited in the Fund. Authorizes persons who are damaged as a result of such discharges to recover from owners, operators, or importers the amount of damages directly sustained by such persons. Requires civil actions to commence within two years after the claimant has had a reasonable opportunity to discover the violation. Makes owners or operators jointly and severally liable to the U.S. Government for discharge removal costs. Provides that such costs shall constitute a maritime lien on any vessel recovered in a U.S. district court. Makes importers of oil or hazardous substances jointly and severally liable for discharges for which owners or operators are liable. Repeals provisions of the Clean Water Act concerning third party liability and recovery of removal costs.

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2 official files

• Introduced in Senate (text)

  Introduced in Senate · EN

  ViewDownloadOpen at official source

• Introduced in Senate

  summary · EN · 21 July 1989

  Open at official source

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