contained shall extend to, apply to, or prohibit the operations in connection with the improvement of navigable waters or construction of public works, considered necessary and proper by the United States officers supervising such improvement or public work: And provided further, That the Secretary of War, whenever in the judgment of the Chief of Engineers anchorage and navigation will not be injured thereby, and whenever the Secretary of the Interior determines that it is consistent with the purposes of the Federal Water Pollution Control Act (33 U.S.C. 466 et seq.), may permit the deposit of any material above mentioned in navigable waters, within limits to be defined and under conditions to be prescribed by him, provided application is made to him prior to depositing such material; and whenever any permit is so granted the conditions thereof shall be strictly complied with, and any violation thereof shall be unlawful.

OIL POLLUTION ACT OF 1924

(43 Stat. 604; 33 U.S.C. 431 et seq.)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, [That this Act may be cited as the "Oil Pollution Act, 1924."

[SEC. 2. When used in this Act, unless the context otherwise requires

[(a) The term "oil" means oil of any kind or in any form, including fuel oil, oil sludge, and oil refuse;

[(b) The term "person" means an individual, partnership, corporation, or association; any owner, master, officer, or employee of a vessel; and any officer, agent, or employee of the United States;

[(c) The term "coastal navigable waters of the United States" means all portions of the sea within the territorial jurisdiction of the United States, and all inland waters navigable in fact in which the tide ebbs and flows;

[(d) The term "Secretary" means the Secretary of War.

[SEC. 3. That, except in case of emergency imperiling life or property, or unavoidable accident, collision, or stranding, and except as otherwise permitted by regulations prescribed by the Secretary as hereinafter authorized, it shall be unlawful for any person to discharge, or suffer, or permit the discharge of oil by any method, means, or manner into or upon the coastal navigable waters of the United States from any vessel using oil as fuel for the generation of propulsion power, or any vessel carrying or having oil thereon in excess of that necessary for its lubricating requirements and such as may be required under the laws of the United States and the rules and regula

tions prescribed thereunder. The Secretary is authorized and impowered to prescribe regulations permitting the discharge of oil from vessels in such quanti

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ties, under such conditions, and at such times and places as in his opinion will not be deleterious to health or sea food, or a menace to navigation, or dangerous to persons or property engaged in commerce on such waters, and for the loading, handling, and unloading of oil.

[SEC. 4. That any person who violates section 3 of this Act, or any regulation prescribed in pursuance thereof, is guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding $2,500 nor less than $500, or by imprisonment not exceeding one year nor less than thirty days, or by both such fine and imprisonment, for each offense. And any vessel (other than a vessel owned and operated by the United States) from which oil is discharged in violation of section 3 of this Act, or any regulation prescribed in pursuance thereof, shall be liable for the pecuniary penalty specified in this section, and clearance of such vessel from a port of the United States may be withheld until the penalty is paid, and said penalty shall constitute a lien on such vessel which may be recovered in proceedings by libel in rem in the district court of the United States for any district within which the vessel may be.

[SEC. 5. A board of local inspectors of vessels may, subject to the provisions of section 4450 of the Revised Statutes, and of the Act entitled "An Act to provide for appeals from decisions of local inspectors of vessels, and for other purposes," approved June 10, 1918, suspend or revoke a license issued by any such board to the master or other licensed officer of any vessel found violating the provisions of section 3 of this Act.

[SEC. 6. That no penalty, or the withholding of clearance, or the suspension or revocation of licenses, provided for herein, shall be enforced for any violation of this Act occurring within three months after its passage.

[SEC. 7. That in the administration of this Act the Secretary may make use of the organization, equipment, and agencies, including engineering, clerical, and other personnel, employed under his direction in the improvement of rivers and harbors, and in the enforcement of existing laws for the preservation and protection of navigable waters. And for the better enforcement of the provisions of this Act, the officers and agents of the United States in charge of river and harbor improvements, and the assistant engineers and inspectors employed under them by authority of the Secretary, and officers of the Customs and Coast Guard Service of the United States, shall have

power and authority and it shall be their duty to swear out process and to arrest and take into custody, with or without process, any person who may violate any of said provisions: Provided, That no person shall be arrested without process for a violation not committed in the presence of some one of the aforesaid officials: And provided further, That whenever any arrest is made under the provisions of this Act the person so arrested shall be brought forthwith before a commissioner, judge, or court of the United States for examination of the offenses alleged against him; and such commissioner, judge, or court shall proceed in respect thereto as authorized by law in cases of crimes against the United States.

[SEC. 8. That this Act shall be in addition to the existing laws for the preservation and protection of navigable waters and shall not be construed as repealing, modifying, or in any manner affecting the provisions of those laws.

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[SEC. 9. That the Secretary is authorized and directed to make such investigation as may be necessary to ascertain what polluting substances are being deposited into the navigable waters of the United States, or into nonnavigable waters connecting with navigable waters, to such an extent as to endanger or interfere with navigation or commerce upon such navigable waters or the fisheries therein; and with a view to ascertaining the sources of such pollutions and by what means they are deposited; and the Secretary shall report the results of his investigation to the Congress not later than two years after the passage of this Act, together with such recommendations for remedial legislation as he deems advisable: Provided, That funds appropriated for examinations, surveys, and contingencies of rivers and harbors may be applied to paying the cost of this investigation, and, to adequately provide therefore, the additional sum of not to exceed $50,000 is hereby authorized to be appropriated for examinations, surveys, and contingencies of rivers and harbors.] That this Act may be cited as the "Oil Pollution Act, 1924".

Sec. 2. When used in this Act, unless the context otherwise requires

(a) “oil" means oil of any kind or in any form, including fuel oil, sludge, and oil refuse;

(b) "person" means an individual, company, partnership, corporation, or association; any owner, operator, master, officer, or employee of a vessel; any owner, operator, officer, or employee of a shore installation or terminal facility; and any officer, agent, or employee of the United States;

(c) "terminal facility" means any pier, wharf, dock, or similar

structure to which a vessel may be moored or secured, or upon, within, or contiguous to which equipment and appurtenances dealing with oil may be located, including, but not limited to, storage tanks, pipelines, pumps, and oil trucks;

(d) "shore installation" means any building, group of buildings, manufacturing or industrial plants, or equipment of any kind adjacent to the coastal, interstate, or navigable waters, and adjoining shorelines of the United States, upon, within, or contiguous to which equipment and appurtenances dealing with oil may be located, including, but not limited to, storage tanks, pipelines, pumps, and oil trucks;

(e) "discharge" means any accidental, negligent, or willful spilling, leaking, pumping, pouring, emitting, emptying, or other release of liquid; and

(f) "Secretary" means the Secretary of the Interior.

Sec. 3. (a) Except in case of emergency imperiling life or property, or unavoidable accident, collision, or stranding, and except as otherwise permitted by regulations prescribed by the Secretary as hereinafter authorized, it is unlawful for any person to discharge or permit the discharge from any boat, vessel, shore installation, or terminal facility of oil by any method, means, or manner into or upon the coastal, interstate, or navigable waters, and adjoining shorelines of the United States.

(b) Any person discharging or permitting the discharge of oil from any boat, vessel, shore installation, or terminal facility into or upon the coastal, interstate, or navigable waters of the United States shall remove the same from the coastal, interstate, or navigable waters, and adjoining shorelines immediately. If such person fails to do so, the Secretary may remove the oil or may arrange for its removal, and such person shall be

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liable to the United States, in addition to the penalties prescribed in section 4 of this Act, for all costs and expenses reasonably incurred by the Secretary in removing the oil from the coastal, interstate, or navigable waters, and adjoining shorelines of the United States. When the oil has been discharged from a boat or vessel, these costs and expenses shall constitute a lien on such vessel which may be recovered in proceedings by libel in rem. When the oil has been discharged from a shore installation or terminal facility, these costs and expenses may be recovered in proceedings by libel in personam. (c) The Secretary may prescribe regulations which—

(1) permit the discharge of oil from boats or vessels in such quantities, under such conditions, and at such times and places as in his opinion will not be deleterious to health or marine life or a

menace to navigation, or dangerous to persons or property engaged in commerce on coastal, interstate, or navigable waters;

(2) relate to the loading, handling, and unloading of oil on or contiguous to boats or vessels, shore installations, and terminal facilities; and

(3) relate to the removal or cost of removal, or both, of oil from the coastal, interstate, or navigable waters, and adjoining shoreline of the United States.

Sec. 4. (a) Any person who violates section 3 (a) of this Act shall, upon conviction thereof, be punished by a fine not exceeding $2,500, or by imprisonment not exceeding one year, or by both such fine and imprisonment for each offense.

(b) Any boat or vessel other than a boat or vessel owned and operated by the United States from which oil is discharged in violation of section 3 (a) of this Act shall be liable for a penalty of not more than $10,000. Clearance of a boat or vessel liable for this penalty from a port of the United States may be withheld until the penalty is paid. The penalty shall constitute a lien on the boat or vessel which may be recovered in proceedings by libel in rem in the district court of the United States for any district within which the boat or vessel may be.

(c) The owner or operator of a shore installation or terminal facility from which oil is discharged in violation of section 3 (a) of this Act shall be liable for a penalty of not more than $10,000 which may be recovered in proceedings by libel in personam in the district court of the United States of the district within which the shore installation or terminal facility is located.

(d) Any person who violates any regulation prescribed under section 3 (c) of this Act shall, if there has been no discharge of oil, be liable for a penalty of not more than $100.

Sec. 5. The Commandant of the Coast Guard may, subject to the provisions of section 4450 of the Revised Statutes, as amended (46 U.S.C. 239), suspend or revoke a license issued to the master or other licensed officer of any boat or vessel found violating the provisions of section 3 of this Act.

Sec. 6. In the administration of this Act the Secretary may, with the consent of the Commandant of the Coast Guard or the Secretary of the Army, make use of the organization, equipment, and agencies, including engineering, clerical, and other personnel, employed by the Coast Guard or the Department of the Army, respectively, for the preservation and protection of interstate or navigable waters. And for better enforcement of the provisions of this Act, the officers and agents of the United States

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