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Coast Guard, DOT § 153.105 § 153.147 33 CFR Ch. 1 (7-1-93 Edition) shellfish, wildlife, and public and pri= (3) Make the determination, allowed competent jurisdiction, as prescribed (e) The authority described in para- vate property,shorelines, and beaches. in section 311(b)(6) of the Act, wheth- in section 311(m)of the Act. • graphs (c) and (d) of this section does (t) Sorbent means materials essen- er or not clearance required by 19 (b) The Chief, Office of Marine not include the authority to— tially inert and insoluble used to CPR 4.66(a) may be granted of any Safety, Security and Environmental (1) Summarily remove or destroy a remove oil from,water through a varie- vessel the owner or operator of which Protection,is delegated authority to: vessel;or ty of sorption mechanisms. Examples is subject to the penalty prescribed in (1)-(2) [Reserved] (2) Take any other action that con- include straw, expanded perlite, poly- section 311(b)(6) of the Act upon the (3) Determine an imminent and sub- stitutes intervention under the Act, urethane foam,reclaimed paper fibres, filing by him of a bond or other surety stantial threat to the public health or the Intervention on the High Seas Act and peat moss. satisfactory to the district commander; welfare of the United States because (33 U.S.C. 1471 et seq.),or other appli- (u) Such quantities as may be harm.- ' (4) Assess a civil penalty in accord- of an actual or threatened discharge cable laws. "Intervention" means any ful means those quantities of oil and ante with the procedures in Subpartof oil or hazardous substance into or detrimental action taken against the any hazardous substances determined 1.07 of this chapter of not more than interest of a vessel or its cargo without in accordance with the provisions of upon the navigable waters of the $5,000 for each violation against an United States from aircraft, motor ve- the consent of the vessel's owner or section 311(b)(4)of the Act. owner or operator of a vessel, an on- operator. shore facility, or an offshore facility, hides, rolling stack, or pipeline Nore: Regulations that relate to such system, and through the Chief Cour- [CGD 73-185,41 FR 12630,Mar.25,1976,as quantities as may be harmful of oil are pub- and any other person subject to regu- sel secure the relief necessary to abate amended by CGD 83-009A,49 FR 576.Jan. lished in 40 CFR Part 110. Regulations that lations promulgated by the Coast that actual or threatened discharge 5, 1984; CGD 84-067, 51 FR 17966, May 1f'""� relate to such quantities as may be harmful Guard under section 3110)(1) of the through the United States Attorney of 1986; CGD 88-052, 53 FR 25121, July y„f (reportable quantities) of hazardous sub- Act who fails or refuses to comply 1988; CGD 91-041, 56 FR 61163, Dec. 2', stances are published in 40 CFR Part 117 with those regulations, as prescribed the district in which the threat occurs, 19911 and also listed in 40 CFR Part 302. in section 311(j)(2)of the Act; as prescribed in section 311(e) of the (v) United States means the States, (5) Determine an imminent and sub- Act. §153.107 Redelegation. the District' of Columbia, the Com- stantial threat to the public health or (c)Pursuant to paragraph(d)of this Except for the authority granted in monwealth of Puerto Rico, Guam, welfare of the United States because section and Section 311(c)(1) of the § 153.105(a)(5), (b)(3), and (c), each American Samoa, the Virgin Islands, of an actual or threatened discharge Act, each Coast Guard official prede- Coast Guard officer to whom author- and the Trust Territory of the Pacific of oil or hazardous substance into or signaled as On-Scene Coordinator by ity is granted in 1153.105 may redele- Islands. upon the navigable waters of the the applicable Regional Contingency gate and authorize successive redelega- (w) Vessel means every description of United States from a transportation- Plan is delegated authority, subject to tions of that authority within the watercraft or other artificial contriv- related onshore or offshore facility, paragraph (e) of this section, to command under his jurisdiction, or to ance used, or capable of being used, as except aircraft, motor vehicles, rolling remove or arrange for the removal of members of his staff. a means of transportation on water or pipeline system, and to secure the any oil or hazardous substance unless other than a public vessel. relief necessary to abate that actual or the official determines that the re- §153.109 CERCI.A delegations. [CGD 84-067.51 FR 17965,May 16, 1986,as threatened discharge through the moval is being done properly by the The delegations under the Compre- amended by CGD 88-052, 53 FR.25121,July United States Attorney of the district owner of the vessel or facility from hensive Environmental Response, 1,1988] in which the threat occurs, as pre- which the discharge or threat of dis- Compensation, and Inability Act of scribed in section 311(e)of the Act, charge occurs. 1980 (CERCLA) are published in §153.105 Delegations. (6) (Reserved] (d) The authority in paragraph (c) (a) Each district commander, within may be exercised whenever any oil or , (7) Deny entry to any port or place § 1.01-70 of this chapter. his assigned district, is delegated au- In the United States or the navigable hazardous substance is discharged, or [CGD 83-009.49 FR575,Jan.5,19841 thority to: waters of the United States, to, and there is a substantial threat of such (1) Assess a civil penalty in accord- detain at the port or place in the discharge--- Subpart f!—Notice of the Discharge ance with the procedures in Subpart United States from which it is about (1) Into or upon the navigable of Oil or a Hazardous Substance 1.07 of this chapter of not more than to depart for any other port or place waters of the United States or adjoin- _ $5,000 for each offense against an in the United States, any vessel sub- ing shorelines; ' '"' §153.201 Purpose. owner or operator of any vessel, on- ject to section 311(p) of the Act which (2) Into or upon the waters of the The purpose of this subpart is to shore facility,or offshore facility from upon request does not provide evi- contiguous zone; prescribe.,the manner in which the which oil or a hazardous substance has dente of financial responsibility; as (3). In` connection: with activities- notice required in section 311(6)(5) of been discharged-the or upon the nevi- prescribed-in section 31i(p)(6) of the under the Outer. Continental Shelf the.Act is to be given and to list the gable waters of-the United States, ad- Act;and '" Lands Act (43 U.S.C. 1331 et seq,) or government officials to receive. that joining shorelines,or the waters of the : (8) Except for public vessels, board the Deepwater Port Act of 1974 (33 notice. contiguous zone in violation of section and inspect any vessel upon the navi- 311(b)(3)of the Act; gable waters of the United States or U.S.C: 1501 et seq.);or (4) Which may affect natural re- §153.203 Procedure for the notice of dia- (2)Make the request, allowed in sec- the waters of the contiguous zone, charge. tion 311(b)(6) of the Act, of the Dis- with or without a warrant arrest any sources belonging to, appertaining to, trict Director of Customs to withhold person who in his presence or view vio- or under the exclusive management Any person in charge of a vessel or clearance required by 19 GFR 4.66(a) lates a provision of section 311 of the authority of the United States,in hery s an onshore h .offshore facility of any vessel the owner or operator of Act or any regulation Issued thereun- ing resources under Magnuson Fishery shall, as soon as they have knowledge which is subject to the penalty pre- der, and execute any warrant or other Conservation and Management Act(16 of any discharge of oil or a hazardous scribed in section 311(b)(6) of the Act; process issued by an officer or court of U.S.C. 1801 et seq.). substance from such vessel or facility 243 244