Encl. (1) to COMDTINST 16200.3A
4.
b.
Table 1-B
Penalty Classes for Specific CERCLA
Violations
c.
Table 1-C
Discharge of Oil or Hazardous Substances in
Violation of the FWPCA: Recommended Penalties
d.
Table 1-D
Marine Environmental Protection and Port
Safety/Security Violations: Recommended
Penalties
5.
Civil Penalty Actions Under the FWPCA. The Oil Pollution
Act of 1990 amended the civil penalty provisions of the
FWPCA. Table 1-A summarizes the civil penalty options
available for enforcement. Successively higher penalties
can be assessed in each class. There are two classes of
Administrative Civil Penalties, which can be assessed by an
Administrative Law Judge. There is also a third class of
penalty action, called Judicial Civil Penalty, which can be
essessed by a federal court judge. The maximum penalty
level for FWPCA violations in Table 1-D is the maximum rate
per day under a Judicial Civil Penalty. Because of the
graduated scale of maximum penalties under the three
different penalty classes, the "maximum Level" of all FWPCA
violations in Table 1-D is marked with a footnote (1) for
reference back to Table 1-A. In addition, for discharge
violations, there is an alternative Judicial Civil Penalty
sanction of 00 per barrel of oil or unit of reportable
quantity of hazardous substance (see Table 1-A). In the
statute, the Judicial Civil Penalty clause refers more often
to discharges and violations related to discharges, however,
there is a provision for Judicial Civil Penalties for
violations of pollution prevention and contingency planning
regulations. See 33 U.S.C. 1321, Section 311 (b) (7).
6.
Special Penalty Actions for Specific Violations of CERCLA.
The Comprehensive Environmental Response, Compensation, and
Liability Act (also called the Superfund Act, or CERCLA) has
special penalty provisions for specific offenses relating to
or following from discharges in violation of the Act. The
specific violations are detailed in 42 U.S.C. 9609, Section
109, Civil Penalties and Awards. They include violations
relating to notice of releases, destruction of records,
financial responsibility, denial and detention orders
against vessels entering or leaving U.S. ports, and
settlements, administrative orders, consent decrees, or
agreements. Maximum penalties for these violations are
different from the penalty provisions of the FWPCA. Like
the FWPCA, there are three civil penalty options: Class I
and Class II Administrative Civil Penalties, and Judicial
Civil Penalties. Table 1-B summarizes the special penalty
provisions of CERCLA. These violations are not listed in
Table 1-D, the expanded table of recommended penalties for
Marine Environmental Protection and Port Safety/Security.
These cases should be assessed on a case-by-case basis.
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