1.Short title; table of
contents
(a)This Act may be cited as the Clean Cruise Ship Act of
2005
.
(b)The table of contents of this Act is as follows:
Sec. 1. Short title; table of
contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Prohibitions and conditions
regarding the discharge of sewage, graywater, or bilge water.
Sec. 5. Effluent limits for discharges of
sewage and graywater.
Sec. 6. Inspection and
sampling.
Sec. 7. Employee protection.
Sec. 8. Judicial review.
Sec. 9. Enforcement.
Sec. 10. Citizen suits.
Sec. 11. Alaskan cruise
vessels.
Sec. 12. Ballast water.
Sec. 13. Funding.
Sec. 14. Effect on other law.
2.
(a)Congress
finds that—
(1)cruise vessels
carry millions of passengers each year, and in 2001, carried 8,400,000
passengers in North America;
(2)cruise vessels
carry passengers to and through the most beautiful ocean areas in the United
States and provide many people in the United States ample opportunities to
relax and learn about oceans and marine ecosystems;
(3)ocean pollution
threatens the beautiful and inspiring oceans and marine wildlife that many
cruise vessels intend to present to travelers;
(4)cruise vessels
generate tremendous quantities of pollution, including—
(A)sewage (including
sewage sludge);
(B)graywater from
showers, sinks, laundries, baths, and galleys;
(C)oily
water;
(D)toxic chemicals
from photo processing, dry cleaning, and paints;
(E)ballast
water;
(F)solid wastes;
and
(G)emissions of air
pollutants;
(5)some of the
pollution generated by cruise ships, particularly sewage discharge, can lead to
high levels of nutrients that are known to harm and kill coral reefs and which
can increase the quantity of pathogens in the water and heighten the
susceptibility of many coral species to scarring and disease;
(6)laws in effect as
of the date of enactment of this Act do not provide adequate controls,
monitoring, or enforcement of certain discharges from cruise vessels into the
waters of the United States; and
(7)to protect
coastal and ocean areas of the United States from pollution generated by cruise
vessels, new Federal legislation is needed to reduce and better regulate
discharges from cruise vessels, and to improve monitoring, reporting, and
enforcement of discharges.
(b)The
purposes of this Act are—
(1)to prevent the
discharge of any untreated sewage or graywater from a cruise vessel entering
ports of the United States into the waters of the United States;
(2)to prevent the
discharge of any treated sewage, sewage sludge, graywater, or bilge water from
cruise vessels entering ports of the United States into the territorial
sea;
(3)to establish new
national effluent limits and management standards for the discharge of treated
sewage or graywater from cruise vessels entering ports of the United States
into the exclusive economic zone of the United States in any case in which the
discharge is not within an area in which discharges are prohibited; and
(4)to ensure that
cruise vessels entering ports of the United States comply with all applicable
environmental laws.
3.In this Act:
(1)The
term Commandant means the Commandant of the Coast Guard.
(2)The
term Administrator means the Administrator of the Environmental
Protection Agency.
(3)The term territorial sea—
(A)means the belt of
the sea measured from the baseline of the United States determined in
accordance with international law, as set forth in Presidential Proclamation
number 5928, dated December 27, 1988; and
(B)includes the
waters lying seaward of the line of ordinary low water and extending to the
baseline of the United States, as determined under subparagraph (A).
(4)The term exclusive economic zone means
the Exclusive Economic Zone of the United States established by Presidential
Proclamation number 5030, dated March 10, 1983.
(5)Waters of the
united statesThe term waters of the United States
means the waters of the territorial sea, the exclusive economic zone, and the
Great Lakes.
(6)The term Great Lake means—
(A)Lake Erie;
(B)Lake Huron
(including Lake Saint Clair);
(C)Lake
Michigan;
(D)Lake Ontario;
and
(E)Lake
Superior.
(7)The term cruise vessel—
(A)means a passenger
vessel (as defined in section 2101(22) of title 46, United States Code),
that—
(i)is
authorized to carry at least 250 passengers; and
(ii)has onboard
sleeping facilities for each passenger; and
(B)does not
include—
(i)a
vessel of the United States operated by the Federal Government; or
(ii)a
vessel owned and operated by the government of a State.
(8)The
term passenger—
(A)means any person
on board a cruise vessel for the purpose of travel; and
(B)includes—
(i)a
paying passenger; and
(ii)a
staffperson, such as a crew member, captain, or officer.
(9)The
term person means—
(A)an
individual;
(B)a
corporation;
(C)a
partnership;
(D)a limited
liability company;
(E)an
association;
(F)a State;
(G)a
municipality;
(H)a commission or
political subdivision of a State; and
(I)an Indian
tribe.
(10)The
term citizen means a person that has an interest that is or may be
adversely affected by any provision of this Act.
(11)The
term discharge—
(A)means a release
of any substance, however caused, from a cruise vessel; and
(B)includes any
escape, disposal, spilling, leaking, pumping, emitting or emptying of any
substance.
(12)The
term sewage means—
(A)human body
wastes;
(B)the wastes from
toilets and other receptacles intended to receive or retain human body wastes;
and
(C)sewage
sludge.
(13)The
term graywater means galley, dishwasher, bath, and laundry waste
water.
(14)The term bilge water means wastewater that
includes lubrication oils, transmission oils, oil sludge or slops, fuel or oil
sludge, used oil, used fuel or fuel filters, or oily waste.
(15)The term sewage sludge—
(A)means any solid,
semi-solid, or liquid residue removed during the treatment of municipal waste
water or domestic sewage;
(B)includes—
(i)solids removed
during primary, secondary, or advanced waste water treatment;
(ii)scum;
(iii)septage;
(iv)portable toilet
pumpings;
(v)type III marine
sanitation device pumpings (as defined in part 159 of title 33, Code of Federal
Regulations); and
(vi)sewage sludge
products; and
(C)does not
include—
(i)grit or
screenings; or
(ii)ash generated
during the incineration of sewage sludge.
(16)The term Indian tribe has the meaning given in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
4.Prohibitions and
conditions regarding the discharge of sewage, graywater, or bilge
water
(a)
(1)Except as provided in paragraph (2) and section 11, no
cruise vessel entering a port of the United States may discharge sewage,
graywater, or bilge water into the waters of the United States.
(2)A
cruise vessel described in paragraph (1) may not discharge sewage, graywater,
or bilge water into the exclusive economic zone but outside the territorial
sea, or, in the case of the Great Lakes, beyond any point that is 12 miles from
the shore unless—
(A)(i)in the case of a
discharge of sewage or graywater, the discharge meets all applicable effluent
limits established under this Act and is in accordance with all other
applicable laws; or
(ii)in the case of a discharge of
bilge water, the discharge is in accordance with all applicable laws;
(B)the cruise vessel
meets all applicable management standards established under this Act;
and
(C)the cruise vessel
is not discharging in an area in which the discharge is otherwise
prohibited.
(b)
(1)Subsection (a) shall not apply in any case in
which—
(A)a discharge is
made solely for the purpose of securing the safety of the cruise vessel or
saving a human life at sea; and
(B)all reasonable
precautions have been taken for the purpose of preventing or minimizing the
discharge.
(2)Notification of
commandant
(A)If the owner, operator, or master, or other individual in
charge, of a cruise vessel authorizes a discharge described in paragraph (1),
the individual shall notify the Commandant of the decision to authorize the
discharge as soon as practicable, but not later than 24 hours, after
authorizing the discharge.
(B)Not
later than 7 days after the date on which an individual described in
subparagraph (A) notifies the Commandant of an authorization of a discharge
under the safety exception under this paragraph, the individual shall submit to
the Commandant a report that includes—
(i)the
quantity and composition of each discharge made under the safety
exception;
(ii)the reason for
authorizing each discharge;
(iii)the location of
the vessel during the course of each discharge; and
(iv)such other
supporting information and data as are requested by the Commandant.
5.Effluent limits
for discharges of sewage and graywater
(a)
(1)Not later than 3 years after the date of enactment of
this Act, the Commandant and the Administrator shall jointly promulgate
effluent limits for sewage and graywater discharges from cruise vessels
entering ports of the United States.
(2)The
effluent limits shall—
(A)require the
application of the best available technology that will result in the greatest
level of effluent reduction achievable, recognizing that the national goal is
the elimination of the discharge of all pollutants in sewage and graywater by
cruise vessels into the waters of the United States by 2015; and
(B)require
compliance with all relevant water quality criteria standards.
(b)The effluent limits under subsection (a) shall require, at
a minimum, that treated sewage and graywater effluent discharges from cruise
vessels shall, not later than 3 years after the date of enactment of this Act,
meet the following standards:
(1)The discharge satisfies the minimum level of effluent
quality specified in section 133.102 of title 40, Code of Regulations (or a
successor regulation).
(2)With respect to the samples from the discharge during
any 30-day period—
(A)the geometric
mean of the samples shall not exceed 20 fecal coliform per 100 milliliters;
and
(B)not more than 10
percent of the samples shall exceed 40 fecal coliform per 100
milliliters.
(3)Concentrations of total residual chlorine in samples
shall not exceed 10 milligrams per liter.
(c)Review and
revision of effluent limitsThe Commandant and the Administrator
shall jointly—
(1)review the
effluent limits required by subsection (a) at least once every 3 years;
and
(2)revise the
effluent limits as necessary to incorporate technology available at the time of
the review in accordance with subsection (a)(2).
6.
(a)Development and
implementation of inspection program
(1)The Commandant, in consultation with the Administrator,
shall promulgate regulations to implement an inspection, sampling, and testing
program sufficient to verify that cruise vessels calling on ports of the United
States are in compliance with—
(A)this Act
(including regulations promulgated under this Act);
(B)the
Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.) (including regulations promulgated under that
Act);
(C)other applicable
Federal laws and regulations; and
(D)all applicable
requirements of international agreements.
(2)The
program shall require that—
(A)regular announced
and unannounced inspections be conducted of any relevant aspect of cruise
vessel operations, equipment, or discharges, including sampling and testing of
cruise vessel discharges; and
(B)each cruise
vessel that calls on a port of the United States shall be subject to an
unannounced inspection at least annually.
(b)Not
later than 1 year after the date of enactment of this Act, the Commandant, in
consultation with the Administrator, shall promulgate regulations that, at a
minimum—
(1)require the
owner, operator, or master, or other individual in charge, of a cruise vessel
to maintain and produce a logbook detailing the times, types, volumes, and flow
rates, origins, and locations of any discharges from the cruise vessel;
(2)provide for
routine announced and unannounced inspections of—
(A)cruise vessel
environmental compliance records and procedures; and
(B)the functionality
and proper operation of installed equipment for abatement and control of any
cruise vessel discharge (which equipment shall include equipment intended to
treat sewage, graywater, or bilge water);
(3)require the
sampling and testing of cruise vessel discharges that require the owner,
operator, or master, or other individual in charge, of a cruise vessel—
(A)to conduct that
sampling or testing; and
(B)to produce any
records of the sampling or testing;
(4)require any
owner, operator, or master, or other individual in charge, of a cruise vessel
who has knowledge of a discharge from the cruise vessel in violation of this
Act (including regulations promulgated under this Act) to immediately report
that discharge to the Commandant (who shall provide notification of the
discharge to the Administrator); and
(5)require the
owner, operator, or master, or other individual in charge, of a cruise vessel
to provide to the Commandant and Administrator a blueprint of each cruise
vessel that includes the location of every discharge pipe and valve.
(c)
(1)Vessel of the
united states
(A)A cruise vessel registered in the United States to which
this Act applies shall have a certificate of inspection issued by the
Commandant.
(B)The Commandant may issue a certificate described in
subparagraph (A) only after the cruise vessel has been examined and found to be
in compliance with this Act, including prohibitions on discharges and
requirements for effluent limits, as determined by the Commandant.
(C)A certificate issued under this paragraph—
(i)shall be valid
for a period of not more than 5 years, beginning on the date of issuance of the
certificate;
(ii)may be renewed
as specified by the Commandant; and
(iii)shall be
suspended or revoked if the Commandant determines that the cruise vessel for
which the certificate was issued is not in compliance with the conditions under
which the certificate was issued.
(D)The Commandant may issue special certificates to
certain vessels that exhibit compliance with this Act and other best practices,
as determined by the Commandant.
(2)
(A)A cruise vessel registered in a country other than the
United States to which this Act applies may operate in the waters of the United
States, or visit a port or place under the jurisdiction of the United States,
only if the cruise vessel has been issued a certificate of compliance by the
Commandant.
(B)The Commandant may issue a certificate described in
subparagraph (A) to a cruise vessel only after the cruise vessel has been
examined and found to be in compliance with this Act, including prohibitions on
discharges and requirements for effluent limits, as determined by the
Commandant.
(C)Acceptance of
foreign documentationThe Commandant may consider a certificate,
endorsement, or document issued by the government of a foreign country under a
treaty, convention, or other international agreement to which the United States
is a party, in issuing a certificate of compliance under this paragraph. Such a
certificate, endorsement, or document shall not serve as a proxy for
certification of compliance with this Act.
(D)A certificate issued under this section—
(i)shall be valid
for a period of not more than 24 months, beginning on the date of issuance of
the certificate;
(ii)may be renewed
as specified by the Commandant; and
(iii)shall be
suspended or revoked if the Commandant determines that the cruise vessel for
which the certificate was issued is not in compliance with the conditions under
which the certificate was issued.
(d)Cruise observer
pilot program
(1)Not later than 1 year after the date of enactment of this
Act, the Commandant shall establish, and for each of fiscal years 2006 through
2008, shall carry out, a program for the placement of 2 or more independent
observers on cruise vessels for the purpose of monitoring and inspecting cruise
vessel operations, equipment, and discharges to ensure compliance with—
(A)this Act
(including regulations promulgated under this Act); and
(B)all other
relevant Federal laws and international agreements.
(2)An
observer described in paragraph (1) shall—
(A)observe and
inspect—
(i)onboard
environmental treatment systems;
(ii)use of
shore-based treatment and storage facilities;
(iii)discharges and
discharge practices; and
(iv)blueprints,
logbooks, and other relevant information;
(B)have the
authority to interview and otherwise query any crew member with knowledge of
vessel operations;
(C)have access to
all data and information made available to government officials under this
section; and
(D)immediately
report any known or suspected violation of this Act or any other applicable
Federal law or international agreement to—
(i)the
Coast Guard; and
(ii)the
Environmental Protection Agency.
(3)Not
later than January 31, 2008, the Commandant shall submit to Congress a report
describing the results, and recommendations for continuance, of the program
under this subsection.
(e)Onboard
monitoring system pilot program
(1)Not later than 1 year after the date of enactment of this
Act, the Administrator of the National Oceanic and Atmospheric Administration,
in consultation with the Administrator and the Commandant, shall establish, and
for each of fiscal years 2006 through 2011, shall carry out, with industry
partners as necessary, a pilot program to develop and promote commercialization
of technologies to provide real-time data to Federal agencies regarding—
(A)graywater and
sewage discharges from cruise vessels; and
(B)functioning of
cruise vessel components relating to pollution control.
(2)Technologies developed under the program under this
subsection—
(A)shall have the
ability to record—
(i)the
location and time of discharges from cruise vessels;
(ii)the source,
content, and volume of those discharges; and
(iii)the state of
components relating to pollution control at the time of the discharges,
including whether the components are operating correctly; and
(B)shall be tested
on not less than 10 percent of all cruise vessels operating in the territorial
sea of the United States, including large and small vessels.
(3)Participation
of industry
(A)Competitive
selection processIndustry partners willing to participate in the
program may do so through a competitive selection process conducted by the
Administrator of the National Oceanic and Atmospheric Administration.
(B)A
selected industry partner shall contribute not less than 20 percent of the cost
of the project in which the industry partner participates.
(4)Not
later than January 31, 2008, the Administrator of the National Oceanic and
Atmospheric Administration shall submit to Congress a report describing the
results, and recommendations for continuance, of the program under this
subsection.
7.
(a)Prohibition of
discrimination against persons filing, instituting, or testifying in
proceedings under this ActNo person shall terminate the
employment of, or in any other way discriminate against (or cause the
termination of employment of or discrimination against), any employee or any
authorized representative of employees by reason of the fact that the employee
or representative—
(1)has filed,
instituted, or caused to be filed or instituted any proceeding under this Act;
or
(2)has testified or
is about to testify in any proceeding resulting from the administration or
enforcement of the provisions of this Act.
(b)Application for
review; investigation; hearings; review
(1)An employee or a representative of employees who believes
that the termination of the employment of the employee has occurred, or that
the employee has been discriminated against, as a result of the actions of any
person in violation of subsection (a) may, not later than 30 days after the
date on which the alleged violation occurred, apply to the Secretary of Labor
for a review of the alleged termination of employment or discrimination.
(2)A
copy of an application for review filed under paragraph (1) shall be sent to
the respondent.
(3)
(A)On receipt of an application for review under paragraph
(1), the Secretary of Labor shall carry out an investigation of the
complaint.
(B)In
carrying out this subsection, the Secretary of Labor shall—
(i)provide an
opportunity for a public hearing at the request of any party to the review to
enable the parties to present information relating to the alleged
violation;
(ii)ensure that, at
least 5 days before the date of the hearing, each party to the hearing is
provided written notice of the time and place of the hearing; and
(iii)ensure that the
hearing is on the record and subject to section 554 of title 5, United States
Code.
(C)On completion of an investigation under this
paragraph, the Secretary of Labor shall—
(i)make findings of
fact;
(ii)if
the Secretary of Labor determines that a violation did occur, issue a decision,
incorporating an order and the findings, requiring the person that committed
the violation to take such action as is necessary to abate the violation,
including the rehiring or reinstatement, with compensation, of an employee or
representative of employees to the former position of the employee or
representative; and
(iii)if the
Secretary of Labor determines that there was no violation, issue an order
denying the application.
(D)An
order issued by the Secretary of Labor under subparagraph (C) shall be subject
to judicial review in the same manner as orders and decisions of the
Administrator are subject to judicial review under this Act.
(c)In any case in which an order is issued under this
section to abate a violation, at the request of the applicant, a sum equal to
the aggregate amount of all costs and expenses (including attorney’s fees), as
determined by the Secretary of Labor, to have been reasonably incurred by the
applicant for, or in connection with, the institution and prosecution of the
proceedings, shall be assessed against the person committing the
violation.
(d)Deliberate
violations by employee acting without direction from employer or
agentThis section shall not apply to any employee that, without
direction from the employer of the employee (or agent of the employer),
deliberately violates any provision of this Act.
8.
(a)Review of
actions by Administrator or Commandant; selection of court; fees
(1)
(A)Any interested person may petition for a review, in the
United States circuit court for the circuit in which the person resides or
transacts business directly affected by the action of which review is
requested—
(i)of
an action of the Commandant in promulgating any effluent limit under section 5;
or
(ii)of
an action of the Commandant in carrying out an inspection, sampling, or testing
under section 6.
(B)A petition for review under subparagraph (A) shall be
made—
(i)not
later than 120 days after the date of promulgation of the limit or standard
relating to the review sought; or
(ii)if
the petition for review is based solely on grounds that arose after the date
described in clause (i), as soon as practicable after that date.
(2)Civil and
criminal enforcement proceedingsAn action of the Commandant or
Administrator with respect to which review could have been obtained under
paragraph (1) shall not be subject to judicial review in any civil or criminal
proceeding for enforcement.
(3)In any judicial proceeding under this subsection, a court
may award costs of litigation (including reasonable attorney and expert witness
fees) to any prevailing or substantially prevailing party in any case in which
the court determines such an award to be appropriate.
(b)
(1)In any judicial proceeding instituted under subsection
(a) in which review is sought of a determination under this Act required to be
made on the record after notice and opportunity for hearing, if any party
applies to the court for leave to adduce additional evidence, and demonstrates
to the satisfaction of the court that the additional evidence is material and
that there were reasonable grounds for the failure to adduce the evidence in
the proceeding before the Commandant or Administrator, the court may order the
additional evidence (and evidence in rebuttal of the additional evidence) to be
taken before the Commandant or Administrator, in such manner and on such terms
and conditions as the court determines to be appropriate.
(2)On admission of additional evidence under paragraph (1),
the Commandant or Administrator—
(A)may modify
findings of fact of the Commandant or Administrator, as the case may be,
relating to a judicial proceeding, or make new findings of fact, by reason of
the additional evidence so admitted; and
(B)shall file with
the return of the additional evidence any modified or new findings, and any
related recommendations, for the modification or setting aside of any original
determinations of the Commandant or Administrator.
9.
(a)Any person that violates section 4 or any regulation
promulgated under this Act may be assessed—
(1)a class I or
class II penalty described in subsection (b); or
(2)a civil penalty
in a civil action under subsection (c).
(b)Amount of
administrative penalty
(1)The amount of a class I civil penalty under subsection (a)(1)
may not exceed—
(A)$10,000 per
violation; or
(B)$25,000 in the
aggregate, in the case of multiple violations.
(2)The amount of a class II civil penalty under subsection (a)(1)
may not exceed—
(A)$10,000 per day
for each day during which the violation continues; or
(B)$125,000 in the
aggregate, in the case of multiple violations.
(3)Each day on which a violation continues shall
constitute a separate violation.
(4)In determining the amount of a civil penalty under
subsection (a)(1), the Commandant or the court, as appropriate, shall
consider—
(A)the seriousness
of the violation;
(B)any economic
benefit resulting from the violation;
(C)any history of
violations;
(D)any good-faith
efforts to comply with the applicable requirements;
(E)the economic
impact of the penalty on the violator; and
(F)such other
matters as justice may require.
(5)Procedure for
class i penalty
(A)Before assessing a civil penalty under this subsection,
the Commandant shall provide to the person to be assessed the penalty—
(i)written notice of
the proposal of the Commandant to assess the penalty; and
(ii)the opportunity
to request, not later than 30 days after the date on which the notice is
received by the person, a hearing on the proposed penalty.
(B)A
hearing described in subparagraph (A)(ii)—
(i)shall not be
subject to section 554 or 556 of title 5, United States Code; but
(ii)shall provide a
reasonable opportunity to be heard and to present evidence.
(6)Procedure for
class ii penalty
(A)Except as otherwise provided in this subsection, a class
II civil penalty shall be assessed and collected in the same manner, and
subject to the same provisions, as in the case of civil penalties assessed and
collected after notice and an opportunity for a hearing on the record in
accordance with section 554 of title 5, United States Code.
(B)The
Commandant may promulgate rules for discovery procedures for hearings under
this subsection.
(7)Rights of
interested persons
(A)Before issuing an order assessing a class II civil penalty
under this subsection, the Commandant shall provide public notice of and
reasonable opportunity to comment on the proposed issuance of each
order.
(B)
(i)Any person that comments on a proposed assessment of a
class II civil penalty under this subsection shall be given notice of—
(I)any hearing held
under this subsection; and
(II)any order
assessing the penalty.
(ii)In
any hearing described in clause (i)(I), a person described in clause (i) shall
have a reasonable opportunity to be heard and to present evidence.
(C)Rights of
interested persons to a hearing
(i)If no hearing is held under subparagraph (B) before the
date of issuance of an order assessing a class II civil penalty under this
subsection, any person that commented on the proposed assessment may, not later
than 30 days after the date of issuance of the order, petition the
Commandant—
(I)to set aside the
order; and
(II)to provide a
hearing on the penalty.
(ii)If any evidence presented by a petitioner in support of
the petition under clause (i) is material and was not considered in the
issuance of the order, as determined by the Commandant, the Commandant shall
immediately—
(I)set aside the
order; and
(II)provide a
hearing in accordance with subparagraph (B)(ii).
(iii)If the Commandant denies a hearing under this
subparagraph, the Commandant shall provide to the petitioner, and publish in
the Federal Register, notice of and the reasons for the denial.
(8)
(A)An order assessing a class II civil penalty under this
subsection shall become final on the date that is 30 days after the date of
issuance of the order unless, before that date—
(i)a
petition for judicial review is filed under paragraph (10); or
(ii)a
hearing is requested under paragraph (7)(C).
(B)If a hearing is requested under paragraph (7)(C) and
subsequently denied, an order assessing a class II civil penalty under this
subsection shall become final on the date that is 30 days after the date of the
denial.
(9)Effect of
action on complianceNo action by the Commandant under this
subsection shall affect the obligation of any person to comply with any
provision of this Act.
(10)
(A)Any person against which a civil penalty is assessed
under this subsection, or that commented on the proposed assessment of such a
penalty in accordance with paragraph (7), may obtain review of the assessment
in a court described in subparagraph (B) by—
(i)filing a notice
of appeal with the court within the 30-day period beginning on the date on
which the civil penalty order is issued; and
(ii)simultaneously
sending a copy of the notice by certified mail to the Commandant and the
Attorney General.
(B)Review of an assessment under subparagraph (A) may
be obtained by a person—
(i)in
the case of assessment of a class I civil penalty, in—
(I)the United States
District Court for the District of Columbia; or
(II)the United
States district court for the district in which the violation occurred;
or
(ii)in
the case of assessment of a class II civil penalty, in—
(I)the United States
Court of Appeals for the District of Columbia Circuit; or
(II)the United
States circuit court for any other circuit in which the person resides or
transacts business.
(C)On receipt of notice under subparagraph (A)(ii), the
Commandant, shall promptly file with the appropriate court a certified copy of
the record on which the order assessing a civil penalty that is the subject of
the review was issued.
(D)A court with jurisdiction over a review under this
paragraph—
(i)shall not set
aside or remand an order described in subparagraph (C) unless—
(I)there is not
substantial evidence in the record, taken as a whole, to support the finding of
a violation; or
(II)the assessment
by the Commandant of the civil penalty constitutes an abuse of discretion;
and
(ii)shall not impose
additional civil penalties for the same violation unless the assessment by the
Commandant of the civil penalty constitutes an abuse of discretion.
(11)
(A)If any person fails to pay an assessment of a civil
penalty after the assessment has become final, or after a court in a proceeding
under paragraph (10) has entered a final judgment in favor of the Commandant,
the Commandant shall request the Attorney General to bring a civil action in an
appropriate district court to recover—
(i)the
amount assessed; and
(ii)interest that
has accrued on the amount assessed, as calculated at currently prevailing rates
beginning on the date of the final order or the date of the final judgment, as
the case may be.
(B)In
an action to recover an assessed civil penalty under subparagraph (A), the
validity, amount, and appropriateness of the civil penalty shall not be subject
to judicial review.
(C)Any person that fails to pay, on a timely basis, the
amount of an assessment of a civil penalty under subparagraph (A) shall be
required to pay, in addition to the amount of the civil penalty and accrued
interest—
(i)attorney’s fees
and other costs for collection proceedings; and
(ii)for each quarter
during which the failure to pay persists, a quarterly nonpayment penalty in an
amount equal to 20 percent of the aggregate amount of the assessed civil
penalties and nonpayment penalties of the person that are unpaid as of the
beginning of the quarter.
(12)
(A)The Commandant may issue subpoenas for the attendance and
testimony of witnesses and the production of relevant papers, books, or
documents in connection with hearings under this subsection.
(B)In case of contumacy or refusal to obey a subpoena issued
under this paragraph and served on any person—
(i)the
United States district court for any district in which the person is found,
resides, or transacts business, on application by the United States and after
notice to the person, shall have jurisdiction to issue an order requiring the
person to appear and give testimony before the Commandant or to appear and
produce documents before the Commandant; and
(ii)any failure to
obey such an order of the court may be punished by the court as a contempt of
the court.
(c)The Commandant may commence, in the United States district
court for the district in which the defendant is located, resides, or transacts
business, a civil action to impose a civil penalty under this subsection in an
amount not to exceed $25,000 for each day of violation.
(d)
(1)A person that negligently violates section 4 or any
regulation promulgated under this Act commits a Class A misdemeanor.
(2)Any person that knowingly violates section 4 or any
regulation promulgated under this Act commits a Class D felony.
(3)Any person that knowingly makes any false statement,
representation, or certification in any record, report, or other document filed
or required to be maintained under this Act or any regulation promulgated under
this Act, or that falsifies, tampers with, or knowingly renders inaccurate any
testing or monitoring device or method required to be maintained under this Act
or any regulation promulgated under this Act, commits a Class D felony.
(e)
(1)
(A)The Commandant or the court, as the case may be, may
order payment, from a civil penalty or criminal fine collected under this
section, of an amount not to exceed 1/2 of the civil
penalty or fine, to any individual who furnishes information that leads to the
payment of the civil penalty or criminal fine.
(B)If 2 or more individuals provide information
described in subparagraph (A), the amount available for payment as a reward
shall be divided equitably among the individuals.
(C)No officer or employee of the United States, a State,
or an Indian tribe who furnishes information or renders service in the
performance of the official duties of the officer or employee shall be eligible
for a reward payment under this subsection.
(2)Payments to
states or indian tribesThe Commandant or the court, as the case
may be, may order payment, from a civil penalty or criminal fine collected
under this section, to a State or Indian tribe providing information or
investigative assistance that leads to payment of the penalty or fine, of an
amount that reflects the level of information or investigative assistance
provided.
(3)Payments
divided among states, indian tribes, and individualsIn a case in
which a State or Indian tribe and an individual under paragraph (1) are
eligible to receive a reward payment under this subsection, the Commandant or
the court shall divide the amount available for the reward equitably among
those recipients.
(f)A cruise vessel operated in violation of this Act or any
regulation promulgated under this Act—
(1)shall be liable
in rem for any civil penalty or criminal fine imposed under this section;
and
(2)may be subject to
a proceeding instituted in the United States district court for any district in
which the cruise vessel may be found.
(g)
(1)If the Commandant determines that any person is in
violation of section 4 or any regulation promulgated under this Act, the
Commandant shall—
(A)issue an order
requiring the person to comply with the section or requirement; or
(B)bring a civil
action in accordance with subsection (b).
(2)
(A)In any case in which an order under this subsection is
issued to a corporation, a copy of the order shall be served on any appropriate
corporate officer.
(B)Method of
service; specificationsAn order issued under this subsection
shall—
(i)be
by personal service;
(ii)state with
reasonable specificity the nature of the violation for which the order was
issued; and
(iii)specify a
deadline for compliance that is not later than—
(I)30 days after the
date of issuance of the order, in the case of a violation of an interim
compliance schedule or operation and maintenance requirement; and
(II)such date as the
Commandant, taking into account the seriousness of the violation and any good
faith efforts to comply with applicable requirements, determines to be
reasonable, in the case of a violation of a final deadline.
(h)
(1)The Commandant may commence a civil action for
appropriate relief, including a permanent or temporary injunction, for any
violation for which the Commandant is authorized to issue a compliance order
under this subsection.
(2)
(A)A civil action under this subsection may be brought in
the United States district court for the district in which the defendant is
located, resides, or is doing business.
(B)A
court described in subparagraph (A) shall have jurisdiction to grant injunctive
relief to address a violation, and require compliance, by the defendant.
10.
(a)Except
as provided in subsection (c), any citizen may commence a civil action on his
or her own behalf—
(1)against any
person (including the United States and any other governmental instrumentality
or agency to the extent permitted by the eleventh amendment of the
Constitution) that is alleged to be in violation of—
(A)the conditions
imposed by section 4;
(B)an effluent limit
or management standard under this Act; or
(C)an order issued
by the Administrator or Commandant with respect to such a condition, effluent
limit, or performance standard; or
(2)against the
Administrator or Commandant, in a case in which there is alleged a failure by
the Administrator or Commandant to perform any nondiscretionary act or duty
under this Act.
(b)The
United States district courts shall have jurisdiction, without regard to the
amount in controversy or the citizenship of the parties—
(1)to enforce a
condition, effluent limit, performance standard, or order described in
subsection (a)(1);
(2)to order the
Administrator or Commandant to perform a nondiscretionary act or duty described
in subsection (a)(2); and
(3)to apply any
appropriate civil penalties under section 9(b).
(c)No
action may be commenced under this section—
(1)before the date
that is 60 days after the date on which the plaintiff gives notice of the
alleged violation—
(A)to the
Administrator or Commandant; and
(B)to any alleged
violator of the condition, limit, standard, or order; or
(2)if the
Administrator or Commandant has commenced and is diligently prosecuting a civil
or criminal action on the same matter in a court of the United States (but in
any such action, a citizen may intervene as a matter of right).
(d)
(1)Any civil action under this section shall be brought
in—
(A)the United States
District Court for the District of Columbia; or
(B)any other United
States district court for any judicial district in which a cruise vessel or the
owner or operator of a cruise vessel are located.
(2)In
a civil action under this section, the Administrator or the Commandant, if not
a party, may intervene as a matter of right.
(3)
(A)In
any case in which a civil action is brought under this section in a court of
the United States, the plaintiff shall serve a copy of the complaint on—
(i)the
Attorney General;
(ii)the
Administrator; and
(iii)the
Commandant.
(B)No consent judgment shall be entered in a civil action
under this section to which the United States is not a party before the date
that is 45 days after the date of receipt of a copy of the proposed consent
judgment by—
(i)the
Attorney General;
(ii)the
Administrator; and
(iii)the
Commandant.
(e)
(1)A court of jurisdiction, in issuing any final order in
any civil action brought in accordance with this section, may award costs of
litigation (including reasonable attorney’s and expert witness fees) to any
prevailing or substantially prevailing party, in any case in which the court
determines that such an award is appropriate.
(2)In
any civil action under this section, the court of jurisdiction may, if a
temporary restraining order or preliminary injunction is sought, require the
filing of a bond or equivalent security in accordance with the Federal Rules of
Civil Procedure.
(f)Statutory or
common law rights not restrictedNothing in this section
restricts the rights of any person (or class of persons) under any statute or
common law to seek enforcement or other relief (including relief against the
Administrator or Commandant).
(g)Civil action by
State governorsA Governor of a State may commence a civil action
under subsection (a) of this section, without regard to the limitation under
subsection (c), against the Administrator or Commandant in any case in which
there is alleged a failure of the Administrator or Commandant to enforce an
effluent limit or performance standard under this Act, the violation of which
is causing—
(1)an adverse effect
on the public health or welfare in the State; or
(2)a violation of
any water quality requirement in the State.
11.
(a)Definition of
Alaskan cruise vesselIn this section, the term Alaskan
cruise vessel means a cruise vessel—
(1)that seasonally
operates in water of or surrounding the State of Alaska;
(2)in which is
installed, not later than the date of enactment of this Act (or, at the option
of the Commandant, not later than September 30 of the fiscal year in which this
Act is enacted), and certified by the State of Alaska for continuous discharge
and operation in accordance with all applicable Federal and State law
(including regulations), an advanced treatment system for the treatment and
discharge of graywater and sewage; and
(3)that enters a
port of the United States.
(b)
(1)Except as provided in paragraph (2), an Alaskan cruise
vessel shall not be subject to this Act (including regulations promulgated
under this Act) until the date that is 15 years after the date of enactment of
this Act.
(2)An
Alaskan cruise vessel—
(A)shall not be
subject to the minimum effluent limits prescribed under section 5(b) until the
date that is 3 years after the date of enactment of this Act;
(B)shall not be
subject to effluent limits promulgated under section 5(a) or 5(c) until the
date that is 6 years after the date of enactment of this Act; and
(C)shall be
prohibited from discharging sewage, graywater, and bilge water in the
territorial sea, in accordance with this Act, as of the date of enactment of
this Act.
12.It is the sense of
Congress that action should be taken to enact legislation requiring strong,
mandatory standards for ballast water to reduce the threat of aquatic invasive
species.
13.
(a)Authorization
of appropriationsThere are authorized to be appropriated to the
Commandant and the Administrator such sums as are necessary to carry out this
Act for each of fiscal years 2006 through 2010.
(b)Cruise Vessel
Pollution Control Fund
(1)There
is established in the general fund of the Treasury a separate account to be
known as the Cruise Vessel Pollution Control Fund
(referred to
in this section as the Fund
).
(2)There are appropriated to the Fund such amounts as are
deposited in the Fund under subsection (c)(5).
(3)The Administrator and the Commandant may use amounts in
the fund, without further appropriation, to carry out this Act.
(c)
(1)The Commandant shall establish and collect from each
cruise vessel a reasonable and appropriate fee, in an amount not to exceed $10
for each paying passenger on a cruise vessel voyage, for use in carrying out
this Act.
(2)
(A)The Commandant shall biennially adjust the amount of the
fee established under paragraph (1) to reflect changes in the Consumer Price
Index for All Urban Consumers published by the Department of Labor during each
2-year period.
(B)The
Commandant may round the adjustment in subparagraph (A) to the nearest
1/10 of a dollar.
(3)Factors in
establishing fees
(A)In establishing fees under paragraph (1), the Commandant
may establish lower levels of fees and the maximum amount of fees for certain
classes of cruise vessels based on—
(i)size;
(ii)economic share;
and
(iii)such other
factors as are determined to be appropriate by the Commandant and
Administrator.
(B)Any fee schedule established under paragraph (1),
including the level of fees and the maximum amount of fees, shall take into
account—
(i)cruise vessel
routes;
(ii)the frequency of
stops at ports of call by cruise vessels; and
(iii)other relevant
considerations.
(4)A fee established under paragraph (1) shall be collected by
the Commandant from the owner or operator of each cruise vessel to which this
Act applies.
(5)Notwithstanding any other provision of law, all fees
collected under this subsection, and all penalties and payments collected for
violations of this Act, shall be deposited into the Fund.
14.
(a)Nothing in this Act restricts, affects, or amends any
other law or the authority of any department, instrumentality, or agency of the
United States.
(b)States and
interstate agencies
(1)Except as provided in paragraph (2), nothing in this Act
precludes or denies the right of any State (including a political subdivision
of a State) or interstate agency to adopt or enforce—
(A)any standard or
limit relating to the discharge of pollutants by cruise ships; or
(B)any requirement
relating to the control or abatement of pollution.
(2)If
an effluent limit, performance standard, water quality standard, or any other
prohibition or limitation is in effect under Federal law, a State (including a
political subdivision of a State) or interstate agency described in paragraph
(1) may not adopt or enforce any effluent limit, performance standard, water
quality standard, or any other prohibition that—
(A)is less stringent
than the effluent limit, performance standard, water quality standard, or other
prohibition or limitation under this Act; or
(B)impairs or in any
manner affects any right or jurisdiction of the State with respect to the
waters of the State.