48 



4 



1 (b) The Atlministrator of tlie Department in which the 



2 Coast Guard is operatuig shall conduct surveillance and 



3 other appropriate enforcement activity to prevent violations 



4 of this Act. 



5 Sec. 4. (a) Any owner or master of a vessel who vio- 



6 lates the first section of this Act or who violates any pro- 

 '^ vision of a permit issued under section 2 of this Act shall be 



8 liable to a civil penalty of not more than $50,000 for the 



9 first violation, and not more than $100,000 for each subse- 

 10 quent violation. No penalty shall be assessed until the 

 ^^ person charged shall have been given notice and an oppor- 

 -•■^ tunity for a public hearing on such charge. Upon failure of 

 1^ an ofEending party to pay the penalty, the Administrator 



14 may request the Attorney General to commence an action 



15 in the appropriate district court of the United States for 



16 such relief as may be appropriate. 



17 (b) A vessel, other than a vessel owned or bargeboat 



18 chartered by the United States, or other property used in 



19 a violation shall be liable in rem for any civil penalty 



20 assessed under this section and may be proceeded against 



21 in any district court of the United States having jurisdic- 



22 tion thereof. 



23 - Sec. 5. As used in this Act— 



24 (1) The temi "discharge" means to place, release. 



