Abstract
ABSTRACT The paper examines Sections 311(f), and (i) of the Federal Water Pollution Control Act (FWPCA) and discusses the statutory scheme for the recovery of clean-up costs by both the government and private persons. Legislative intent then is compared with actual practice and experience as reflected in statistics developed from the Coast Guard's Pollution Incident Reporting System (PIRS) data and the records used in administering the revolving fund. Actual case histories are used as a means of discussing the legal problems involved in administering sections 311(f) and (i). Government practice and case law are examined wherever appropriate, including recovery under 311(f) when government liability is at issue; recovery when both an owner/operator and a third-party are involved; recovery by the government from CRISTAL and TOVALOP; and practice in the Court of Claims under section 311(i). The paper concludes with a brief comment concerning the comprehensive oil spill liability bill (H.R. 14862), introduced in the 94th Congress, which would provide for an unlimited, readily accessible cleanup fund by imposing a per-barrel fee on oil as it is received at the refinery or transport terminal.
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