659 



actions for equitable relief to enioin an Imminent or 

 continuing violation of this subchipter. of regu- 

 lations promulgated under this subchapter, or of 

 permits issued under this subchanter, and the dis- 

 trict courts of the United States shall have juris- 

 diction to gr'^nt such relief as the equities of the 

 case miy require. 



(e) Liability of vessels in rem. 



A vessel, except a public vessel within the mean- 

 ing of section 13 of the Federal Water Pollution 

 Control Act, as amended, used in a violation, shall 

 be liable in rem for any civil penalty assessed or 

 criminal fine imrosed and miy be proceeded against 

 in any district court of the United States having 

 jurisdiction thereof; but no vessel shall be liable 

 unless it shall appear th"t one or more of the owners 

 or bareboat charterers, was at the time of the viola- 

 tion a consenting party or privy to such violation. 



(f"> Rpvocrt'or and sn^pensinn of perm'ts. 



If the provisions of anv permit Issued under sec- 

 tion 1412 or 1413 of this title are violated, the Ad- 

 mftiistrator or the Secretary, as the case may be. 

 may revoke the permit or may suspend the permit 

 for a specified period of time. No permit shall be 

 revoked or suspended unless the permittee shall 

 have been given notice and opportunity for a hear- 

 ing on such violation and proposed suspension or 

 revocation. 



(g) Civil su'ts by piivafe persons. 



iV Except as provided in paragraph (2) of this 

 subsection any person may commence a civil suit on 

 his own behalf to enjoin any person, Including the 

 United States and any other governmental instru- 

 mentality or agency (to the extent permitted by the 

 eleventh amendment to the Constitution), who is 

 alleged to be in violation of any prohibition, limlta- 

 Llon. criterion, or permit established or issued by or 

 under this subchapter. The district courts shall have 

 'Urisdiction, without regard to the amount in con- 

 troversy or the citizenship of the parties, to enforce 

 such prohibition, limitation, criterion, or permit, as 

 the case may be. • 



'2) No action may be commenced — 



(A) prior to sixty days after notice of the viola- 

 tion has been given to the Administrator or to the 

 Secretary and to any alleged violator of the pro- 

 hibition, limitation, criterion, or permit; or 



fB) If the Attorney General has commenced 

 and is diligently prosecuting a civil action in a 

 court of the United St-tes to require compliance 

 with the prohibition, limitation, criterion, or per- 

 mit; or 



<C) if the Administrator has commenced action 

 to Impose a penalty pursuant to subsection (a) of 

 this section, or if the Administrator, or the Secre- 

 tary, has initiated permit revocation or suspension 

 proceedings under subsection (f) of this section; 

 or 



(Di if the United States has commenced and 

 is diligently prosecuting a criminal action in a 

 court of the United States or a State to redress a 

 violation of this subchapter. 

 (3) (A) Any suit under this subsection may be 



84-049 O - 77 . 44 



brought In the judicial district in which the viola- 

 tion occurs. 



(B) In any such suit under this subsection in 

 which the United States is not a party, the At- 

 torney General, at the request of the Administrator 

 or Secretary, may intervene on behalf of the United 

 States as a matter of right. 



(4) The court, in issuing any final order in any 

 suit brought pursuant to paragraph fl) of this sub- 

 section may award costs of litigation (including 

 reasonable attorney and expert witness fees) to any 

 party, whenever the court determines such award 

 is appropriate. 



(5) The injunctive relief providpd by this sub- 

 section sh-ill not festrict any right which any person 

 (or class cf persons') may have under any statute or 

 common law to seek enforcement of any standard 

 or limitation or to seek any other relief (including 

 relief against the Administrator, the Secretary, or 

 a State agency). 



(h) Emcrgoncies. 



No person shall be subject to a civil penalty or to 

 a criminal fine or imprisonment for dumping mate- 

 rials from a vessel if such materials are dumped 

 in an emergency to safeguard life at sea. Any such 

 emergency dumping shnll be reported to the Admin- 

 istrator under such conditions as he may prescribe 

 • Pub. L. 92-532, title I, S 105, Oct. 23, 1972, 8$ Stat 

 1057.) 



§1416. Voidi g of pre-ex'stin? licenses! impairment 

 of navgation; coo-jistent Sta'e prr grams; exist- 

 in? conservation program not affected. 



fa) After the effective date of this subchapter, all 

 licenses, permits, and authorizations other than 

 those issued pursuant to this subchapter shall be 

 void and of no legal effect, to the extent that they 

 purport to authorize any activity regulated by' this 

 subchapter, and whether issued before or after the 

 effective date of this subchapter. 



(b) The provisions of subsection (a) of this sec- 

 tion shall not apply to actions taken before the 

 9lTe tive date of this subchapter under the authority 

 of the Rivers and Harbors Act of 1899, as amended. 



(c) Prior to issuing any permit under this sub- 

 chapter, if it appears to the Administrator that thp 

 disposition of material, other than dredged material, 

 may adversely affect navigation in the territcrial sea 

 of the United States, or in the approaches to any 

 harbor of the United States, or may create an artifi- 

 cial island on the Outer Continental Shelf, the Ad- 

 ministrator shall ccn.'^ult with the Secretary and no 

 l>ermit shall be issued if the Secretary determines 

 that navigation will be unreasonably imijaired. 



(d) After the effective date of this •Bubchapter. 

 no State shall adopt or enforce any rule or regula- 

 tion relating to any activity regulated bv this sub- 

 chapter. Any State may, however, propose to the 

 Administrator criteria relating to the dumping of 

 materials into ocean waters within its juri.;dtction, or 

 into other ocean waters to the extent that such 

 dumping may affect waters within the jurisdiction of 

 such State, and if the Administrator determines, 

 after notice and opportunity for hearing, that the 



