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Chronological History of the Civil and Criminal Penalties Program
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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.

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

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

Blue Bullet. From 1980 to 1983:

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

Blue Bullet. 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

Blue Bullet. February 1990: Inspection and Enforcement Task Force:

  • Identified the need for reinstating a Civil Penalties Program

Blue Bullet. 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.

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

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

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

Blue Bullet. 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.

Blue Bullet. 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.

Blue Bullet. 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.

Blue Bullet. 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.

Blue Bullet. 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.

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

Blue Bullet. 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)

Blue Bullet. 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.

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

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

Blue Bullet. 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)

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

Blue Bullet. March 2007: Notice summarizing OCS civil penalties paid, January 1 through December 31, 2006
     (72 FR 12823) (68 KB PDF)

Blue Bullet. April 2008: Notice summarizing OCS civil penalties paid, January 1 through December 31, 2007
     (73 FR 17378) (58 KB PDF)

Blue Bullet. April 2009: Notice summarizing OCS civil penalties paid, January 1 through December 31, 2008
     (74 FR 14151) (73 KB PDF)

Blue Bullet. January 2010: Notice summarizing review of the maximum daily civil penalty assessment. (75 FR 1076)
   
 
(46.74 KB PDF)

Blue Bullet. 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)

Blue Bullet. July 2011: Issued an NTL providing the revised civil penalty assessment matrix. (117.53 KB PDF)
     (NTL 11-5N)
(75.87 KB PDF)