Page:United States Statutes at Large Volume 91.djvu/1630

 91 STAT. 1596

Actual removal costs liability.

33 USC 1321.

Cost recovery.

Effective date.

33 USC 1321 note. Limitations.

43 USC 1331 note.

33 USC 1501 note. Effective date.

33 USC 1321 note.

PUBLIC LAW 95-217—DEC. 27, 1977 or omission of a t h i r d party, such owner or operator shall pay to the United States Government the actual costs incurred under subsection (c) for removal of such oil or substance and shall be entitled by subrogation to all rights of the United States Government to recover such costs from such t h i r d party under this subsection.". (g) Section 311(f) of the Federal W a t e r Pollution Control Act is amended by a d d i n g the following new paragraph s: " (4) The costs of removal of oil or a hazardous substance for which the owner or operator of a vessel or onshore or offshore facility is liable under subsection (f) of this section shall include any costs or expenses incurred by the Federal Government or any State government in the restoration or replacement of natural resources damaged or destroyed as a result of a discharge of oil or a hazardous substance in violation of subsection (b) of this section. " (5) The President, or the authorized representative of any State, shall act on behalf of the public as trustee of the n a t u r a l resources to recover for the costs of replacing or restoring such resources. Sums recovered shall be used to restore, rehabilitate, or acquire the equivalent of such natural resources by the appropriate agencies of the Federal Government, o r the State government.". (h) The amendments made by paragraph s (5) and (6) of subsection (d) of this section shall take effect 180 days after the date of enactment of the Clean W a t e r Act of 1977. (i) Section 311 of the Federal W a t e r Pollution Control Act is amended by adding at the end thereof the following new subsections: " (q) The President is authorized to establish, with respect to any class or category of onshore or offshore facilities, a maximum limit of liability under subsections (f)(2) and (3) of this section of less than $50,000,000, but not less than $8,000,000. " (r) Nothing in this section shall be construed to impose, or authorize the imposition of, any limitation on liability under the Outer Continental Shelf L and s Act or the Deepwater P o r t Act of 1974.". (i) No vessel subject to the increased amounts which result from the amendments made by subsections (d)(2), (d)(3), and (d)(4) of this section shall be required to establish any evidence of financial responsibility under section 311(p) of the Federal W a t e r Pollution Control Act for such increased amounts before October 1, 1978. (k) Section 311(a) (11) of the Federal W a t e r Pollution Control Act is amended by inserting immediately after "United States" a comma and the following: " and any facility of any kind which is subject to the jurisdiction of the United States and is located in, on, or under any other waters,". (1) The first sentence of section 311(k) of the Federal W a t e r Pollution Control Act is amended by striking out "not to exceed" and inserting in lieu thereof the following: "such sums as may be necessary to maintain such fund at a level of". (m) Section 311(i)(2) of the Federal W a t e r Pollution Control Act is amended by striking out the period at the end thereof and inserting in lieu thereof a comma and the following: "or the Deepwater P o r t Act of 1974.". MARINE SANITATION

Definitions. 33 USC 1322.

DEVICES

SEC. 59. (a) Section 312(a)(6) of the Federal W a t e r Pollution Control Act is amended by adding before the semicolon at the end thereof the following: "except that, with respect to commercial vessels on the Great Lakes, such term shall include graywater".

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