Content:
   Joanne McCammon

 Pagemasters:
   OEMM Web Team

The goal of the MMS OCS Civil/Criminal Penalties Program is to assure safe and clean operations on the OCS. Through the pursuit, assessment, and collection of civil penalties and referrals for the consideration of criminal penalties, the program is designed to encourage compliance with OCS statutes and regulations.

September 1978: Lands Act Amendments, Section 24, Remedies and Penalties

	Created the Civil Penalties Program
	Fine $10,000 per day per violation

From 1980 to 1983:

	56 civil penalty cases were reviewed
	39 civil penalties assessed
	1.14 million dollars collected

May 1983, a Chevron law suit ended the civil penalty program:

	Chevron corrected within time required by MMS
	"must allow a reasonable time to correct"
	MMS modified civil penalty regulations and decided not to pursue civil penalties

February 1990: Inspection and Enforcement Task Force:

Identified the need for reinstating a Civil Penalties Program

August 1990: Oil Pollution Act:

	Revised and Strengthened the OCS Civil Penalties Program
	If violation constitutes or constituted a threat of serious, irreparable, or immediate harm or damage, no need to provide time to correct
	Fine increased to: $20,000 per day, per violation
	May 1991: The Final Rule for civil penalties was published in the Federal Register (56 FR 21953).
	The final rule for civil penalties became effective on June 12, 1991.

December 1991: The Interim Policy Document for the OCS Civil Penalties Program was approved by the Director.

January 1996: OCS civil penalty policy clarified. Policy document sent to Regions for implementation.

December 1996: Notice to Lessees and Operators outlining MMS policy changes. The NTL clarifies violations which will be reviewed for civil penalties.

December 1996: Notice of Proposed rulemaking published in the Federal Register December 19, 1996 (61 FR 66966).

	The proposed rule, written in plain English, simplifies the OCS Civil Penalty process.
	The proposed rule also raises the maximum penalty to $25,000per day per violation.

August 1997: Final rule published in the Federal Register August 8, 1997 (62 FR 42667) (21 KB)

	The final rule, written in plain English, simplifies the OCS Civil Penalty process.
	The final rule also raises the maximum penalty to $25,000 per day per violation.
	The final rule was effective on October 8, 1997.

September 1997: Issued an NTL announcing MMS plans to publish information on civil penalties paid.

The published notices will include the name of the company, the penalty amount, and the violation.

October 1997: Issued an NTL providing the new civil penalty assessment matrix:

The matrix raised the minimum civil penalty to $3,000 and the maximum to $25,000 per day per violation.

February 1998: Published, in the Federal Register, a listing of civil penalties paid September 1, 1997, through December 31, 1997. The notice highlights the identity of the party, the regulation violated, and the amount paid.

April 2002: Notice summarizing OCS civil penalties paid, January 1 through December 31, 2001. (67 FR 18030) ( 382 KB)

October 2003:  Final rule published in the Federal Register.  This rule raises the maximum penalty to $30,000 per violation per day and was effective November 28, 2003. (68 FR 61622) (October 29, 2003)

March 2004:  Published in the Federal Register, a listing of civil penalties paid January 1, 2004 through December 31, 2004. The notice highlights the identity of the party, the regulation violated, and the amount paid.

March 2005: Notice summarizing OCS civil penalties paid, January 1 through December 31, 2004. (70 FR 12719) (298 KB)

March 2006: Notice summarizing OCS civil penalties paid, January 1 through December 31, 2005. (71 FR 14945) (106 KB)

February 2007: Final rule published in the Federal Register.  This rule raises the maximum penalty to $35,000 per violation per day and is effective on March 30, 2007.
(72 FR 8897) (55KB)

March 2007: Issued an NTL providing the revised civil penalty assessment matrix. (117 KB)