Encl.
(1) to COMDTINST 16200.3A
MARINE ENVIRONMENTAL PROTECTION AND PORT SAFETY/SECURITY CIVIL
PENALTIES
1.
Purpose. The goals of the Marine Environmental Protection
and Port Safety and Security Programs are to improve the
quality of the marine environment and safety of persons and
property on U.S. waterways. Many of the regulations which
have been adopted to achieve these goals are minimal
standards for vessel and waterfront facility operations.
Deviation from the regulations represents a hazard, and may
constitute an unacceptable risk to life, property or the
marine environment. Civil penalties assessed for violations
must serve as a deterrent against persistent noncompliance,
as well as against flagrant first offenses.
2.
Deterrence Policy - General. It is imperative that
penalties exceed the economic benefits of noncompliance.
For example, the penalty assessed on a person (individual or
company) spilling oil must be high enough to induce the
person to take steps to prevent spills. If the
investigation of a recent oil spill uncovers evidence of a
sequence of related spills and/or pollution prevention
violations, then the assessment should exceed the total
estimate of economic benefits of all the spills and
violations proved, within statutory maximums. These
economic benefits might include, for example, the sum of all
shoreside disposal costs avoided by repeatedly discharging
oily waste at sea, or the profits earned by selling one
million gallons of extra cargo oil that was carried
illegally in dedicated clean ballast tanks. For another
example, consider a tankship having operating expenses of
00 per hour, charged with violating pollution prevention
or port safety regulations to save one hour of operating
time. If the penalty assessed does not exceed 00, then
there is little incentive for future compliance. General
deterrence, that is, deterrence of others similarly
situated, is also a permissible consideration.
3.
Other Enforcement Guidance. There is important guidance in
other commandant instructions, including chapter 4 of
reference (a) (Marine Safety Law Enforcement), and the new
chapter 33 of reference (a) (MARPOL 73/78 Vessel
Requirements). These instructions should be consulted for
detailed enforcement guidance, not limited to civil
penalties. Immediate Captain of the Port enforcement
actions, such as detention of a vessel in port, or ordering
a vessel out of U.S. waters, are also effective in achieving
compliance independent of the penalty process.
4.
Penalty Tables.
There are four tables in this enclosure, as
follows:
a.
Table 1-A
Penalty Classes for Violation of the FWPCA
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