Page:United States Statutes at Large Volume 104 Part 1.djvu/567

 PUBLIC LAW 101-380 —AUG. 18, 1990 104 STAT. 533 SEC. 4205. COASTWISE OIL SPILL RESPONSE COOPERATIVES. Section 12106 of title 46, United States Code, is amended by adding at the end the following: "(d)(1) A vessel may be issued a certificate of documentation with a coastwise endorsement if— "(A) the vessel is owned by a not-for-profit oil spill response cooperative or by members of such a cooperative who dedicate the vessel to use by the cooperative; "(B) the vessel is at least 50 percent owned by persons or entities described in section 12102(a) of this title; "(C) the vessel otherwise qualifies under section 12106 to be employed in the coastwise trade; and (D) use of the vessel is restricted to— "(i) the deployment of equipment, supplies, and personnel to recover, contain, or transport oil discharged into the navigable waters of the United States, or within the Exclusive Economic Zone, or "(ii) for training exercises to prepare to respond to such a discharge. "(2) For purposes of the first proviso of section 27 of the Merchant Marine Act, 1920, section 2 of the Shipping Act of 1916, and section 12102(a) of this title, a vessel meeting the criteria of this subsection shall be considered to be owned exclusively by citizens of the United States.". Subtitle C—Penalties and Miscellaneous SEC. 4301. FEDERAL WATER POLLUTION CONTROL ACT PENALTIES. (a) NOTICE TO STATE AND FAILURE TO REPORT.— Section 311G3)(5) of the Federal Water Pollution Control Act (33 U.S.C. 1321(b)(5)) is amended— (1) by inserting after the first sentence the following: "The Federal agency shall immediately notify the appropriate State agency of any State which is, or may reasonably be expected to be, affected by the discharge of oil or a hsizardous substance."; (2) by striking "fined not more than $10,000, or imprisoned for not more than one year, or both" and inserting "fined in accordance with title 18, United States Code, or imprisoned for not more than 5 years, or both"; and (3) in the last sentence by— (A) striking "or information obtained by the exploitation of such notification"; and (B) inserting "natural" before "person". (b) PENALTIES FOR DISCHARGES AND VIOLATIONS OF REGULATIONS. — Section 311(b) of the Federal Water Pollution Control Act (33 U.S.C. 1321(b)) is amended by striking paragraph (6) and inserting the following new paragraphs: " (6) ADMINISTRATIVE PENALTIES.— "(A) VIOLATIONS. — Any owner, operator, or person in charge of any vessel, onshore facility, or offshore facility— "(i) from which oil or a hazardous substance is discharged in violation of paragraph (3), or "(ii) who fails or refuses to comply with any regulation issued under subsection (j) to which that owner, operator, or person in charge is subject.

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