| NTL No. 2004-N01 |
Effective
Date: January 12, 2004
|
Notice to Lessees and Operators (NTL) of Federal Oil, Gas,
and Sulphur Leases in the Outer Continental Shelf
Revised Assessment Matrix
NOTE:
NTL
2004-N01 is
available for download in Adobe's Portable Document Format.
The purpose of this notice
is to provide updated information on the OCS Civil Penalties Program. This
NTL replaces the assessment matrix provided in NTL No. 97-5N. The Oil
Pollution Act of 1990 (OPA 90) requires the Secretary of the Interior to
adjust the maximum civil penalty to reflect any increases in the Consumer
Price Index.
On August 8, 1997, MMS
published new regulations that, among other things, increased the maximum
civil penalty amount to $25,000 per day per violation. In accordance with
OPA 90 and the Office of Management and Budget guidelines, MMS has again
increased the maximum amount of the civil penalty to $30,000 per day per
violation. The assessment matrix below, revised to reflect the increased
maximum penalty, will apply to incidents of non-compliance issued on or
after December 2003.
Generalized Table for Civil Penalty
Assessments in $/Day/Violation
November 2003
[Based upon the
August 2002 Consumer Price Index]
|
Enforcement Code |
Category A |
Category B |
Category C |
|
W |
$3,000 – 20,000 |
$5,000 – 25,000 |
$10,000 – 30,000 |
|
C |
$5,000 – 20,000 |
$10,000 – 25,000 |
$15,000 – 30,000 |
|
S |
$10,000 – 20,000 |
$15,000 – 25,000 |
$20,000 – 30,000 |
Note: W=Warning,
C=Component Shut-in, and S=Facility Shut-in
Additional factors considered within each category range are:
·
Record of non-compliance.
·
Financial benefit derived by the company from the violation(s).
·
Severity of the violation(s).
·
Precedents set by similar cases.
|
Category A
·
Threat of injury to humans.
·
Threat of harm or damage to the marine or
coastal environment, including mammals, fish, and other aquatic life.
·
Threat of pollution.
·
Threat of damage to any mineral deposit or
property.
·
Civil penalty history. |
Category B
·
Injury to humans involving incapacitation of
less than 72 hours.
·
Minor harm or damage to the marine or
coastal environment, including mammals, fish, and other aquatic life.
·
Pollution caused liquid hydrocarbon spillage
under 200 BBL during a period of 30 days.
·
Minor damage to any mineral deposit or
property.
·
Civil penalty history. |
Category C
·
Serious injury to humans or loss of human
life. Injury caused incapacitation over 72 hours.
·
Serious harm or damage to the marine or
coastal environment, including mammals, fish, and other aquatic life.
(Harm to aquatic life involved numerous individuals or involved
endangered/threatened species.)
·
Pollution caused liquid hydrocarbon spillage
of over 200 BBL during a period of 30 days.
·
Serious damage to any mineral deposit or
property.
·
Civil penalty history. |
Additional information
about this program can be found on the MMS worldwide web home page at
http://www.mms.gov.
Paperwork Reduction Act of 1995 Statement:
This notice does not
refer to or impose any new information collection subject to the Paperwork
Reduction Act of 1995.
|
