[Code of Federal Regulations]

[Title 33, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR1.01-70]



[Page 9-10]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

PART 1_GENERAL PROVISIONS--Table of Contents

 

                  Subpart 1.01_Delegation of Authority

 

Sec. 1.01-70  CERCLA delegations.



    (a) For the purpose of this section, the definitions in section 101 

of the Comprehensive Environmental Response, Compensation, and Liability 

Act of 1980 (Pub. L. 96-510), as amended by the Superfund Amendments and 

Reauthorization Act of 1986 (Pub. L. 99-499), apply. The Act, as 

amended, is referred to in this section as CERCLA.

    (b) The Assistant Commandant for Marine Safety, Security and 

Environmental Protection (G-M) is delegated authority to take remedial 

action involving vessels under section 104 of CERCLA.

    (c) Each Maintenance and Logistics Commander is delegated contract 

authority, consistent with each memorandum of understanding between the 

Coast Guard and the Environmental Protection Agency regarding CERCLA 

funding mechanisms, for the purpose of carrying out response actions 

pursuant to CERCLA sections 104(a), 104(b), 104(f), 104(g), 105(f), and 

122.

    (d) Each district commander is delegated authority as follows:

    (1) Authority, pursuant to CERCLA section 106(a), to determine an 

imminent and substantial endangerment to the public health or welfare or 

the environment because of an actual or threatened release of a 

hazardous substance from a facility, and to secure such relief as may be 

necessary to abate such danger or threat through the United States 

attorney of the district in which the threat occurs.

    (2) Authority, pursuant to section 109 of CERCLA, to assess 

penalties relating to violations of sections 103 (a) and (b) pertaining 

to notification requirements, section 108 pertaining to financial 

responsibility for release of hazardous substances from vessels, and 

section 122 pertaining to administrative orders and consent decrees.

    (3) Authority, pursuant to section 108 of CERCLA, to deny entry to 

any port or place in the United States or to the navigable waters of the 

United States and detain at any port or place in the United States any 

vessel subject to section 108(a) of CERCLA that, upon request, does not 

provide evidence of financial responsibility.

    (e) Subject to the provisions of Executive Order 12580, and 

paragraph (g) of this section, each Coast Guard official, predesignated 

as an On-Scene Coordinator, is delegated authority as follows:

    (1) Authority, pursuant to CERCLA sections 104(a), 104(b), 104(c) 

and consistent with the National Contingency Plan, to remove or arrange 

for the removal of releases and threatened releases of hazardous 

substances, and of pollutants or contaminants which may present an 

imminent and substantial danger to the public health or welfare.

    (2) Authority, pursuant to CERCLA section 104(i)(11), to take such 

steps as may be necessary to reduce exposure that presents a significant 

risk to human health, and to eliminate or substantially mitigate that 

significant risk to human health.

    (3) Authority, pursuant to CERCLA section 106(a), to issue orders to 

protect the public health and welfare and the environment whenever that 

official determines that a release or threatened release of a hazardous 

substance from a



[[Page 10]]



facility may present an imminent and substantial endangerment to the 

public health or welfare or the environment.

    (4) Authority, pursuant to CERCLA section 104(e), except section 

104(e)(7)(C), to enter establishments or other places where hazardous 

substances are or have been generated, stored, treated, disposed of, or 

transported from to inspect and obtain records, reports, samples and 

information in support of the response functions delegated in paragraphs 

(d), (e)(1), (e)(2), and (e)(3) of this section.

    (5) Authority, pursuant to CERCLA section 122, to enter into an 

agreement with any person (including the owner or operator of the vessel 

or facility from which a release or substantial threat of release 

emanates, or any other potential responsible person), to perform any 

response action, provided that such action will be done properly by such 

person.

    (f) Except for the authority granted in paragraphs (d)(1) and (e)(1) 

of this section, each Coast Guard official to whom authority is granted 

in this section may redelegate and authorize successive redelegations of 

that authority. The authority granted in paragraph (e)(3) of this 

section may only be redelegated to commissioned officers.

    (g) The response authority described in paragraph (e)(1) of this 

section does not include authority to--

    (1) Summarily remove or destroy a vessel; or

    (2) Take any other action that constitutes intervention under 

CERCLA, the Intervention on the High Seas Act (33 U.S.C. 1471 et. seq.), 

or other applicable laws. ``Intervention'' means any detrimental action 

taken against the interest of a vessel or its cargo without the consent 

of the vessel's owner or operator.



[CGD 88-051, 53 FR 30259, Aug. 11, 1988, as amended by CGD 91-225, 59 FR 

66484, Dec. 27, 1994; CGD 96-026, 61 FR 33662, June 28, 1996; CGD 97-

023, 62 FR 33361, June 19, 1997; USCG-2002-12471, 67 FR 41331, June 18, 

2002; USCG-2003-14505, 68 FR 9534, Feb. 28, 2003]