763 



or any person as limiting, modifying, or otherwise 

 affecting the functions and responsibihties of the 

 Administrator under this section to establish and 

 enforce water quality requirements under this 

 chapter. 



(c) Hearing board : composition ; findings of fact : rec- 

 ommendations: implementation of board's decision 



The Administrator shall publish in the Federal 

 Register a notice of a public hearing before a hear- 

 ing board of five or more persons appointed by the 

 Administrator. A majority of the members of the 

 board and the chairman who shall be designated by 

 the Administrator shall not be officers or employees 

 of Federal, State, or local governments. On the basis 

 of the evidence presented at such hearing, the board 

 shall within sixty days after completion of the hear- 

 ing make findings of fact as to whether or not such 

 pollution is occurring and shall thereupon by deci- 

 sion, incorporating its findings therein, make such 

 recommendations to abate the pollution as may be 

 appropriate and shall transmit such decision and 

 the record of the hearings to the Administrator. All 

 such decisions shall be public. Upon receipt of such 

 decision, the Administrator shall promptly imple- 

 ment the board's decision in accordance with the 

 provisions of this chapter. 



(d) Report by allefred polluter. 



In connection with any hearing called under this 

 subsection, the board is authorized to require any 

 person whose alleged activities result in discharges 

 causing or contributing to pollution to file with it 

 in such forms as it may prescribe, a report based on 

 existing data, furnishing such information as may 

 reasonably be required as to the character, kind, and 

 quantity of such discharges and the use of facilities 

 or other means to prevent or reduce such discharges 

 by the person filing such a report. Such report shall 

 be made under oath or otherwise, as the board may 

 prescribe, and shall be filed with the board within 

 such reasonable period as it may prescribe, unless 

 additional time is granted by it. Upon a showing 

 satisfactory to the board by the person filing such 

 report that such report or portion thereof (other 

 than effluent data> , to which the Administrator has 

 access under this section, if made public would di- 

 vulge trade secrets or secret processes of such person, 

 the board shall consider such report or portion 

 thereof confidential for the purposes of section 1905 

 of Title 18. If any person required to file any report 

 under this paragraph shall fail to do so within the 

 time fixed by the board for filing the same, and such 

 failure shall continue for thirty days after notice 

 of such default, such person shall forfeit to the 

 United States the sum of $1,000 for each and every 

 day of the continuance of such failure, which for- 

 feiture shall be payable into the Treasury of the 

 United States, and shall be recoverable in a civil suit 

 in the name of the United States in the district court 

 of the United States where such person has his prin- 

 cipal office or in any district in which he does busi- 

 ness. The Administrator may upon application there- 

 for remit or mitigate any forfeiture provided for 

 under this subsection. 



(e) Compensation of board members. 



Board members, other than officers or employees 

 of Federal, State, or local governments, shall be for 

 each day (including travel-time) during which they 

 are performing board business, entitled to receive 

 compensation at a rate fixed by the Administrator 

 but not in excess of the maximum rate of pay for 

 grade GS-18_ as provided in the General Schedule 

 under section 5332 of Title 5, and shall, notwith- 

 standing the limitations of sections 5703 and 5704 

 of Title 5. be fully reimbursed for travel, subsistence, 

 and related expenses. 



(f) Enforcement proceedings. 



When any such recommendation adopted by the 

 Administrator involves the institution of enforce- 

 ment proceedings against any person to obtain the 

 abatement of pollution subject to such recommen- 

 dation, the Administrator shall institute such pro- 

 ceedings if he believes that the evidence warrants 

 such proceedings. The district court of the United 

 States shall consider and determine de novo all rele- 

 vant issues, but shall receive in evidence the record 

 of the proceedings before the conference or hearing 

 board. The court shall have jurisdiction to enter such 

 judgment and orders enforcing such judgment as it 

 deems appropriate or to remand such proceedings to 

 the Administrator for such further action as it may 

 direct. (June 30. 1948. ch. 758, title III, § 310. as 

 added Oct 18. 1972, Pub. L. 92-500. § 2, 86 Stat. 860.) 



§ 1321. Oil and hazardous substance liability, 

 (a) Definitions. 



For the purpose of this section, the term — 



<1) "oil" means oil of any kind or in any form, 

 including, but not limited to. petroleum, fuel oil. 

 sludge, oil refuse, and oil mixed with wastes other 

 than dredged spoil; 



(2) "discharge" includes, but is not limited to. 

 any spilling, leaking, pumping, pouring, emitting, 

 emptying or dumping; 



(3> "vessel" means every description of water- 

 craft or other artificial contrivance used, or capa- 

 ble of being used, as a means of transportation on 

 water other than a public vessel; 



(4) "public vessel" means a vessel owned or 

 bareboat-chartered and operated by the United 

 States, or by a State or political subdivision 

 thereol. or by a foreign nation, except when such 

 vessel is engaged in commerce; 



(5) "United States" means the States, the Dis- 

 trict of Columbia, the Commonwealth of Puerto 

 Rico, the Canal Zone. Guam, American Samoa, 

 the Virgin Islands, and the Trust Territory of 

 the Pacific Islands; 



(6) "owner or operator" means (A) in the case 

 of a vessel, any person owning, operating, or char- 

 tering by demise, such vessel, and (B) in the case 

 of an onshore facility, and an offshore facility, 

 any person owning or operating such onshore fa- 

 cility or offshore facility, and (C) in the case of 

 any abandoned off.«hore facility, the person who 

 owned or operated sucli facility immediately prior 

 to such abandonment; 



(7) "person" includes an individual, firm, cor- 



