Page:United States Statutes at Large Volume 91.djvu/1629

 PUBLIC LAW 95-217—DEC. 27, 1977 (3) Section 311(j)(2) of the Federal Water Pollution Control Act is amended by inserting immediately after the first sentence the following: "This paragraph shall not apply to any owner or operator of any vessel from which oil or a hazardous substance is discharged in violation of paragraph (3) (ii) of subsection (b) unless such owner, operator, or person in charge is otherwise subject to the jurisdiction of the United States.". (d)(1) Section 311(a) of the Federal Water Pollution Control Act is amended by striking out the period at the end thereof and inserting in lieu thereof a semicolon and by adding at the end thereof the following new paragraphs: " (15) 'inland oil barge' means a non-self-propelled vessel carrying oil in bulk as cargo and certificated to operate only in the inland waters of the United States, while operating in such waters; "(16) 'inland waters of the United States'means those waters of the United States lying inside the baseline from which the territorial sea is measured and those waters outside such baseline which are a part of the Gulf Intracoastal Waterway.". (2) Section 311(f)(1) of the Federal Water Pollution Control Act is amended by striking out "$100 per gross ton of such vessel or $14,000,000, whichever is lesser," and inserting in lieu thereof the following: ", in the case of an inland oil barge $125 per gross ton of such barge, or $125,000, whichever is greater, and in the case of any other vessel, $150 per gross ton of such vessel (or, for a vessel carrying oil or hazardous substances as cargo, $250,000), whichever is greater,". (3) Section 311(g) of the Federal Water Pollution Control Act is amended by striking out "$100 per gross ton of such vessel or $14,000,000, whichever is the lesser." and inserting in lieu thereof the following: ", in the case of an inland oil barge $125 per gross ton of such barge, or $125,000, whichever is greater, and in the case of any other vessel, $150 per gross ton of such vessel (or, for a vessel carrying oil or hazardous substances as cargo, $250,000), whichever is greater.". (4) Section 311(p)(1) of the Federal Water Pollution Control Act is amended by striking out "$100 per gross ton, or $14,000,000 whichever is the lesser," and inserting in lieu thereof the following: ", in the case of an inland oil barge $125 per gross ton of such barge, or $125,000, whichever is greater, and in the case of any other vessel, $150 per gross ton of such vessel (or, for a vessel carrying oil or hazardous substances as cargo, $250,000), whichever is greater,". (5) Section 311(f)(2) of the Federal Water Pollution Control Act is amended by striking out "$8,000,000" and inserting in lieu thereof "$50,000,000"'. (6) Section 311(f)(3) of the Federal Water Pollution Control Act is amended by striking out "$8,000,000" and inserting in lieu thereof "$50,000,000". (e) Section 311(c)(2)(D) of the Federal Water Pollution Control Act is amended by striking out "to the appropriate Federal agency;" and inserting in lieu thereof "and imminent threats of such discharges to the appropriate State and Federal agencies;". (f) Section 311(g) of the Federal Water Pollution Control Act is amended by inserting after " (g) " the following: "Where the owner or operator of a vessel (other than an inland oil barge) carrying oil or hazardous substances as cargo or an onshore or offshore facility which handles or stores oil or hazardous substances in bulk, from which oil or a hazardous substance is discharged in violation of subsection (b) of this section, alleges that such discharge was caused solely by an act

91 STAT. 1595 Penalty. 33 USC 1321.

Definitions.

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Actual removal costs liability.

Third party liability.

' Financial responsibility,

Payment rights,

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