864
PUBLIC LAW 92-500-OCT. 18, X972
[86
STAT.
"(aa) a penalty in such amount as the Administrator shall establish, based on the toxicity, degradability. and dispersal characteristics of the substance, but not less than $500 nor more than $5,000; or "(bb) a penalty determined by the number of units discharged multiplied by the amount established for such unit under clause (iv) of this subparagraph, but such penalty shall not be more than $5,000,000 in the case of a discharge from a vessel and $500,000 in the case of a discharge fTom an onshore or offshore facility, "'(iv) The Administrator shall establish by regulation, for each liazardous substance designated under subparagraph (A) of this paragraph, and within 180 days of the date of such designation, a unit of measurement based upon the usual trade practice and, for the purpose of determining the penalty under clause (iii) (bb) of this subparagraph, shall establish for each such unit a fixed monetary amount which shall be not less than $100 nor more than $1,000 per unit. He shall establish such fixed amount based on the toxicity, degradability, and dispersal characteristics of the substance.
- '(3) The discharge of oil or hazardous substances into or upon the
nav^igable waters of the Ignited States, adjoining shorelines, or into or upon the waters of the contiguous zone in harmful quantities as determined by the President under paragraph (4) of this subsection, is prohibited, except (A) in the case of such discharges of oil into the waters of the contiguous zone, where permitted under article IV of the International Convention for the Prevention of Pollution of the Sea 12 UST 2989. by Oil, 1954, as amended, and (B) where permitted in quantities and at times and locations or under such circumstances or conditions as the President may, by regulation, determine not to be harmful. Any regulations issued under this subsection shall be. consistent with maritime safety and with marine and navigation laws and regulations and applicable water quality standards. ha^ij^ui"q'ifantities, " ^'^) '^^^ President shall by regulation, to be issued as soon as possidetermination. ble after the date of enactment of this paragraph, determine for the purposes of this section, those quantities of oil and any hazardous substance the discharge of which, at such times, locations, circimistances, and conditions, will be harmful to the public health or welfare of the United States, including, but not limited to, fish, shellfish, wildlife, and public and private property, shorelines, and beaches except that in the case of the discharge of oil into or upon the watere of the contiguous zone, only those discharges which threaten the fishery resources of the contiguous zone or threaten to pollute or contribute to the pollution of the t e n i to r y or the territoidal sea of the United States may be •letermined to be harmful. Violation notifi (5) Any person in charge of a vessel or of an onshore facility or cation. an offshore facility shall, as soon as he has knowledge of any discharge of oil or a hazardous substance from such vessel or facility m violation of paragraph (3) of this subsection, immediately notify the appropriate agency of the United States Government of such discharge. Penalty. ^uv such pcrson who fails to notify immediately such agency of such discharge shall, upon conviction, be fined not more than $10,000, or imprisoned for not more than one year, or both. Notification received pursuant to this paragraph or information obtained by the exploitation of such notification shall not be used against any such person in any criminal case, except a prosecution for perjury or for giving a false statement. "(6) Any owner or operator of any vessel, onshore facility, or offshore facility from which oil or a hazardous substance is discharged in violation of paragraph (3) of this subsection shall be assessed a civil penalty by the Secretary of the department in which the Coast Guard
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