Chapter 316. To protect navigation from obstruction and injury by preventing the discharge of oil into the coastal navigable waters of the United States
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CHAP. 316.— An Act To protect navigation from obstruction and injury by preventing the discharge of oil into the coastal navigable waters of the United States. June 7, 1924.[[S. 1942](/us/bill/68/s/1942).][[Public, No. 238](/us/68/pl/238).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * Oil Pollution Act, 1924. That this Act may be cited as the “Oil Pollution Act, 1924.” Sec. 2. Meaning of terms. When used in this Act, unless the context otherwise requires—
(a)“Oil.” The term “oil” means oil of any kind or in any form, including fuel oil, oil sludge, and oil refuse; 605
(b)The term “person ” means an individual, partnership,“;Person.” 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”“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.“Secretary.” Sec. 3. That, except in case of emergency imperiling life orDischarge of oil by any method into navigable waters, unlawful. 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 regulations prescribed thereunder. The SecretaryRegulations to be prescribed permitting discharge, etc., if not deleterious to health, sea food, etc. is authorized and empowered to prescribe regulations permitting the discharge of oil from vessels in such quantities, 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 anyPunishment for violations. 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 aVessel liable for penalty. 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 fromClearance withheld, etc. a port of the United States may be withheld until the penalty isRecovery of lien. 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 theRevocation, etc., of officer’s license for violations.[R. S., sec. 4450, p. 861](/us/rs/s4450/p861).Vol. 40, p. 602. 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 thePenalties, etc., not enforceable for violation within three months. 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 mayAdministration by rivers and harbors officers and personnel. 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 Powers conferred for arrest, etc., of offenders.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 C and Coast Guard Service of the United606States, 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*, *Provisos*.Arrests without process restricted.Judicial procedure.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 lie 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. Act an addition to, and not a repeal, etc., of existing laws. 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. Sec. 9. Investigation directed of polluting deposits in navigable and connecting waters, etc. 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 Report to Congress with recommendations, etc.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*, *Provisos*.Funds available.That funds appropriated for examinations, surveys, and contingencies of rivers and harbors may be applied to paying the Additional authorized.cost of this investigation, and, to adequately provide therefor, the additional sum of not to exceed $50,000 is hereby authorized to be appropriated for examinations, surveys, and contingencies of rivers and harbors. Approved, June 7, 1924.