764 



poration. association, and a partnership. 



(8) "remove" or "removal" refers to removal of 

 the oil or hazardous substances from the water 

 and shorelines or the taking of such other actions 

 as may be necessary to minimize or mitigate dam- 

 age to the public health or welfare. Including, but 

 not limited to, fish, shellfish, wildlife, and public 

 and private property, shorelines, and beaches; 



(9) "contiguous zone" means the entire zone 

 established or to be established by the United 

 States under article 24 of the Convention on the 

 Territorial Sea and the Contiguous Zone; 



(10) "onshore facility" means any facility 'in- 

 cluding, but not limited to, motor vehicles and 

 rolling stock) of any kind located in, on, or under, 

 any land within the United States other than 

 submerged land; 



(11) "offshore facility" means any facility of 

 any kind located in, on. or under, any of the 

 navigable waters of the United States other than 

 a vessel or a public vessel; 



(12) "act of G(xi" means an act occasioned by 

 an unanticipated grave natural disaster; 



(13) "barrel" means 42 United States gallons 

 at 60 degrees Fahrenheit; 



(14) "hazardous substance" means any sub- 

 stance designated pursuant to subsection (b) (2) 

 of this section. 



(b) Congressional declaration of policy against dis- 

 charges of oil or hazardous substances; designa- 

 tion of hazardous susbtances; determination of 

 removability; liability; penalties. 



(1) The Congress hereby declares that it is the 

 policy of the United States that there should be no 

 discharges of oil or hazardous substances into or 

 upon the navigable waters of the United States, ad- 

 joining shorelines, or into or upon the waters of the 

 contiguous zone. 



(2) (A) The Administrator shall develop, promul- 

 gate, and revise as may be appropriate, regulations 

 designating as hazardous substances, other than oil 

 as defined in this section, such elements and com- 

 pounds which, when discharged in any quantity into 

 or upon the navigable waters of the United States 

 or adjoining shorelines or the waters of the con- 

 tiguous zone, present an imminent and substantial 

 danger to the public health or welfare, including, 

 but not limited to, fish, shellfish, wUdlife, shorelines, 

 and beaches. 



(B) (i) The Administrator shall include in any 

 designation under subparagraph (A) of this sub- 

 section a determination whether any such designated 

 hazardous substance can actually be removed. 



(ii) The owner or operator of any vessel, onshore 

 facility, or offshore facility from which there is dis- 

 charged during the two-year period beginning on 

 October 18, 1972, any hazardous substance deter- 

 mined not removable under clause (i) of this sub- 

 paragraph shall be liable, subject to the defenses to 

 liability provided under subsection (f) of this sec- 

 tion, as appropriate, to the United States for a civil 

 penalty per discharge established by the Administra- 

 tor based on toxicity, degradability, and dispersal 

 characteristics of such substance, in an amount not 



to exceed $50,000, except that where the United 

 States can show that such discharge was a result 

 of willful negligence or willful misconduct within the 

 privity and knowledge of the owner, such owner or 

 operator shall be liable to the United States for a 

 civil penalty in such amount as the Administrator 

 shall establish, based upon the toxicity, degradabil- 

 ity, and dispersal characteristics of such substance, 

 (iii) After the expiration of the two-year period 

 referred to in clause (ii) of this subparagraph, the 

 owner or operator of any vessel, onshore facility, or 

 offshore facility, from which there is discharged any 

 hazardous substance detei-mined not removable un- 

 der clause (i> of this subparagraph shall be liable, 

 subject to the defenses to liability provided in sub- 

 section (f) of this section, to the United States for 

 either one or the other of the following penalties, 

 the determination of which shall be in the discretion 

 of the Administrator: 



(aa) a penalty in such amount as the Admin- 

 istrator shall establish, based on the toxicity, de- 

 gradability. and dispersal characteristics of the 

 substance, but not less than $500 nor more than 

 $5,000; or 



(bb) a penalty determined by the number of 

 units discharged multiplied by the amount estab- 

 lished for such unit under clause (iv) of this sub- 

 paragraph, but such penalty shall not be more 

 than $5,000,000 in the case of a discharge from a 

 vessel and $500,000 in the case of a discharge from 

 an onshore or offshore facility, 

 (iv) The Administrator shall establish by regu- 

 lation, for each hazardous substance designated un- 

 der subparagraph (A) of this paragraph, and within 

 180 days of the date of such designation, a unit of 

 measurement based upon the usual trade practice 

 and, for the piupose of determining the penalty un- 

 der clause I iii) (bb) of this subparagraph, shall es- 

 tablish for each such unit a fixed monetary amount 

 which shall be not less than $100 nor more than 

 $1,000 per unit. He shall establish such fixed amount 

 based on the toxicity, degradability. and dispersal 

 characteristics of the substance. 



(3) The discharge of oil or hazardous substances 

 into or upon the navigable waters of the United 

 States, adjoining shorelines, or into or upon the 

 waters of the contiguous zone in harmful quantities 

 as determined by the President under paragraph (4) 

 of this subsection, is prohibited, except (A) in the 

 case of such discharges of oil into the waters of the 

 contiguous zone, where permitted under article IV 

 of the International Convention for the Prevention 

 of Pollution of the Sea by Oil, 1954, as amended, and 

 (B) where permitted in quantities and at times and 

 locations or under such circumstances or conditions 

 as the President may, by regulation, determine not 

 to be harmful. Any regulations issued under this 

 subsection shall be consistent with maritime safety 

 and with marine and navigation laws and regula- 

 tions and applicable water quality standards. 



(41 The President shall by regulation, to be is- 

 sued as soon as possible after October 18, 1972. deter- 

 mine for the purposes of this section, those quantities 

 of oil and any hazardous substance the discharge of 

 which, at such times, locations, circumstances, and 



