Pub. L. 102-388, tit. III, sec. 349
Pub. L. 102-388, tit. III, sec. 349
Sec. 349. Section 311(b) of the Federal Water Pollution Control Act is amended by adding a new paragraph to read as follows: “(12) Withholding Clearance.— If any owner, operator, or person in charge of a vessel is liable for a civil penalty under this subsection, or if reasonable cause exists to believe that the owner, operator, or person in charge may be subject to a civil penalty under this subsection, the Secretary of the Treasury, upon the request of the Secretary of the department in which the Coast Guard is operating or the Administrator, shall with respect to such vessel refuse or revoke— “(A) the clearance required by section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91); “(B) a permit to proceed under section 4367 of the Revised Statutes of the United States (46 U.S.C. App. 313); and “(C) a permit to depart required under section 443 of the Tariff Act of 1930 (19 U.S.C. 1443); as applicable. Clearance or a permit refused or revoked under this paragraph may be granted upon the filing of a bond or other surety satisfactory to the Secretary of the department in which the Coast Guard is operating or the Administrator.”.