Act to Prevent Pollution from Ships

Summary

Act to Prevent Pollution from Ships - Implements the Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL Protocol). Applies this Act to ships of United States registry or nationality or of a country party to the MARPOL Protocol and ships registered in or of the nationality of a country not a party to the MARPOL Protocol travelling in all waters subject to the jurisdiction of the United States. Exempts: (1) warships, naval auxiliaries or other ships owned by the United States while engaged in noncommercial service, subject to standards prescribed by the appropriate Federal department and agencies, and (2) other ships specifically excluded by the MARPOL Protocol. Authorizes the Secretary of the department in which the Coast Guard is operating to administer, enforce, and prescribe regulations to carry out the provisions of the MARPOL Protocol and this Act, utilizing other Federal departments and agencies as necessary. Authorizes such Secretary to designate persons to issue certificates required by the MARPOL Protocol. Stipulates that (1) certificates shall not be issued to ships of countries not a party to the MARPOL Protocol, and (2) certificates issued by a participating country of the MARPOL Protocol shall be honored. Subjects to inspection any ship required to carry a valid certificate. Directs the Secretary to detain any ship required to have a certificate which either does not have one on board or has a condition in disagreement with the certificate until such ship can proceed to sea without presenting an unreasonable threat of harm to the marine environment. Allows any person whose ship is detained to petition the Secretary. Permits compensation for any loss or damage suffered by a ship unreasonably detained or delayed. Directs the Secretary, after consultation with the Environmental Protection Agency, to establish regulations for determining the adequacy of reception facilities of a port or terminal, and to issue certificates indicating that facilities for receiving residues and mixtures containing oil or noxious liquid substances from seagoing ships are adequate. States conditions under which such certificate can be inspected, suspended, or revoked. Requires the listing of such certified ports and terminals in the Federal Register. Allows the Secretary to deny entry to any ship retaining residues and mixtures containing oil or noxious liquids to a port or terminal required to have but not holding a valid certificate. Requires immediate reporting of any incident covered by the Protocol to the Secretary. Directs the Secretary to investigate any such report of violation and take appropriate action, acting through the Secretary of State in cases involving a ship not of United States registry or nationality. Imposes a fine of not more than $50,000 for each violation or imprisonment for not more than five years, or both, and a civil penalty of not more than $10,000, or $1,000 in cases of false, fictitious, or fraudulent statements or representations. Deems a ship liable in rem for any pecuniary fine or penalty incurred. Directs the Secretary of the Treasury to refuse or revoke clearance required by R.S. 4197 to any ship liable for such a penalty. Sets forth procedure of action to be taken in accepting a proposed amendment to the MARPOL Protocol received by the United States from the Secretary-General of the Inter-Governmental Maritime Consultative Organization. Permits any person having an interest adversely affected by (1) any person who is alleged to be in violation of these provisions or (2) a Secretary who is alleged to be in neglect in performing duties under this Act to bring a suit against such party, subject to specified procedures and jurisdictions. Authorizes the court to award costs of litigation. Allows the Attorney General to intervene in any action not involving the United States. Repeals the Oil Pollution Act, 1961, and the Oil Pollution Act Amendments of 1973. Authorizes the Secretary to inspect vessels subject to this Act, except public vessels engaged in noncommercial service entering navigable waters of and documented under the laws of the United States. Directs the Secretary and the heads of Federal departments to issue regulations, standards, and certificates upon enactment of this Act.

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1 official file

• Introduced in Senate

  summary · EN · 11 December 1979

  Open at official source

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