33 U.S.C. § 2718 — Relationship to other law
submitted 36 years ago by Pub. L. 101-380 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 344 words · no verdicts yet
This section preserves State and federal authority concerning oil pollution, funds, additional liability, penalties, and the liability of federal employees. It also preserves obligations under the Solid Waste Disposal Act and State law.
(a) Preservation of State authorities; Solid Waste Disposal Act. Nothing in this Act or the Act of March 3, 1851 may: (1) affect or be read as replacing a State's or its political subdivision's authority to impose additional liability or requirements concerning (A) an oil discharge or other oil pollution within the State, or (B) removal activities connected with that discharge; or (2) affect or be read as changing any person's duties or liabilities under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) or State law, including common law.
(b) Preservation of State funds. Nothing in this Act or section 9509 of title 26 may affect or be read as affecting a State's authority (1) to create or continue a fund whose purpose includes paying costs or damages arising from, or directly resulting from, oil pollution or a substantial threat of oil pollution, or (2) to require anyone to contribute to that fund.
(c) Additional requirements and liabilities; penalties. Nothing in this Act, chapter 305 of title 46, or section 9509 of title 26 may affect or be read as affecting the authority of the United States, a State, or a State political subdivision to: (1) impose additional liability or requirements; or (2) impose or set the amount of a criminal or civil fine or penalty for violating a law, when the liability, requirement, fine, or penalty concerns an oil discharge or substantial threat of one.
(d) Federal employee liability. For section 2679(b)(2)(B) of title 28, this Act does not authorize or create a legal claim against a federal officer or employee personally for an act or omission done within the scope of that person's office or employment.
Nothing in this Act or the Act of March 3, 1851 shall—
affect, or be construed or interpreted as preempting, the authority of any State or political subdivision thereof from imposing any additional liability or requirements with respect to—
the discharge of oil or other pollution by oil within such State; or
any removal activities in connection with such a discharge; or
affect, or be construed or interpreted to affect or modify in any way the obligations or liabilities of any person under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) or State law, including common law.
Nothing in this Act or in section 9509 of title 26 shall in any way affect, or be construed to affect, the authority of any State—
to establish, or to continue in effect, a fund any purpose of which is to pay for costs or damages arising out of, or directly resulting from, oil pollution or the substantial threat of oil pollution; or
to require any person to contribute to such a fund.
Nothing in this Act, chapter 305 of title 46, or section 9509 of title 26, shall in any way affect, or be construed to affect, the authority of the United States or any State or political subdivision thereof—
to impose additional liability or additional requirements; or
to impose, or to determine the amount of, any fine or penalty (whether criminal or civil in nature) for any violation of law;
relating to the discharge, or substantial threat of a discharge, of oil.
For purposes of section 2679(b)(2)(B) of title 28, nothing in this Act shall be construed to authorize or create a cause of action against a Federal officer or employee in the officer’s or employee’s personal or individual capacity for any act or omission while acting within the scope of the officer’s or employee’s office or employment.
Source credit: (Pub. L. 101–380, title I, § 1018, Aug. 18, 1990, 104 Stat. 505; Pub. L. 119–60, div. G, title LXXVII, § 7701(g)(6), Dec. 18, 2025, 139 Stat. 1836.)
- 1990Enacted · Pub. L. 101-380 · 104 Stat. 505
- 2025Amended · Pub. L. 119-60 · 139 Stat. 1836
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-380 on 1990-08-18.
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