Oil Pollution Liability and Compensation Act

Summary

Oil Pollution Liability and Compensation Act - Establishes the Oil Pollution Compensation Fund in the United States Treasury to be administered jointly by the Secretary of Commerce and the Secretary of the Treasury for the purpose of paying for otherwise uncompensated losses resulting from oil pollution. Enumerates the sources of moneys to be deposited in such fund, including a fee, not in excess of three cents, to be imposed on each barrel of oil received at any refinery, or at any terminal for export from or entry into the United States. Authorizes the Secretary of Commerce to exempt oil received by a refinery by pipeline if the Secretary determines that the handling of such oil, either at the refinery or in the pipeline, will not create a significant threat of an oil discharge. Establishes the general standard that an owner, operator, or insurer of a vessel or a facility which is the source of, or poses an imminent threat of, a discharge of oil shall be jointly, severally, and strictly liable for all damages and cleanup costs resulting therefrom. Specifies liability limits, except in cases of gross negligence or willful misconduct, for ships and other vessels. Directs the Secretary of Commerce to establish limits on the liability of classes of facilities used for transporting, producing, processing, storing, transferring, or handling oil. Requires the owner or operator of any such facility or any ship which uses such facility or navigable waters of the United States, to establish and maintain evidence of financial responsibility in an amount sufficient to satisfy applicable liability limits. Directs the person in charge of a vessel or facility to immediately notify the Secretary of Commerce of any pollution incident in which the vessel or facility is involved. Specifies procedures whereby the Secretary may, in the absence of such an admission, designate and advertise pollution sources. Directs the Secretary, in instances in which: (1) the owner and operator of a vessel or facility designated by the Secretary deny such vessel's or facility's involvement; (2) the source of the discharge is a public vessel; or (3) the Secretary is unable to designate the pollution source, to advertise procedures for presenting claims directly to the fund. Requires all other claims, with limited exceptions, to be initially presented to the owner or operator, or to such persons' guarantor. Permits claimants to either present a claim to the fund or to bring an action in an appropriate United States district court when an owner or operator and a guarantor deny liability or fail to settle the claim within a specified period. Directs the Secretary of Commerce to establish a procedure for the filing, processing, settlement, and adjudication of claims under this Act, including uniform procedures and standards for the appraisal and settlement of claims against the fund. Sets forth standards for the disposition and appeal of claims submitted to the fund. Requires both the plaintiff and the defendant in a court action brought against an owner, operator, or guarantor to forward copies of all pleadings to the fund. Permits the fund to intervene in such actions. Designates the President, or the authorized representative of any State, as the person to act on behalf of the people to recover damages to natural resources resulting from oil pollution. Establishes penalties for persons failing to comply with specified provisions of this Act. Amends specified laws to conform with the provisions of this Act.

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2 official files

• Indefinitely postponed in Senate

  summary · EN · 5 October 1978

  Open at official source

• Introduced in Senate

  summary · EN · 12 September 1977

  Open at official source

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