Chronological History of the
Civil & Criminal Penalties The goal of the 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
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
- "must allow a reasonable time to correct"
- 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 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 PDF)
- 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 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 PDF)
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 PDF)
March 2006: Notice summarizing OCS civil
penalties paid, January 1 through December 31, 2005.
(71
FR 14945)
(106 KB PDF)
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)
(55 KB PDF)
March 2007:
Issued an
NTL providing the
revised civil penalty
assessment matrix
(117 KB PDF)
March
2007: Notice summarizing OCS civil penalties paid, January 1 through
December 31, 2006
(72
FR 12823)
(68 KB PDF)
April
2008: Notice summarizing OCS civil penalties paid, January 1 through
December 31, 2007
(73
FR 17378)
(58 KB PDF)
April
2009: Notice
summarizing OCS civil penalties paid, January 1 through December 31, 2008
(74 FR 14151)
(73 KB PDF)
January 2010: Notice summarizing review of the
maximum daily civil penalty assessment. (75 FR 1076)
(46.74
KB PDF)
June 2011: Final rule published in
the Federal Register. This rule raises the maximum penalty to
$40,000 per violation per day and was effective July
30, 2011. (2011 FR 38294)
(179.31
KB PDF)
July 2011: Issued an
NTL providing the
revised civil penalty assessment matrix. (117.53 KB PDF)
(NTL 11-5N)
(75.87 KB PDF) |