Liabilities of licensees

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Because it is the intent of this chapter to provide the means for rapid and effective cleanup and to minimize damages, any licensee and its agents or servants, including vessels destined for or leaving a licensee's terminal facility, who permits or suffers a prohibited discharge or other polluting condition to take place within territorial boundaries shall be liable to the territory for all costs of cleanup or other damage incurred by the territory and for damages resulting from injury to others. The territory shall have an absolute maritime lien which shall attach to any vessel and its freight on behalf of the territory or any person injured, for all costs of cleanup and other damages incurred as a result of a prohibited discharge. In any suit to enforce claims of the territory under this chapter, it shall not be necessary for the territory to plead or prove negligence in any form or manner on the part of the licensee or any vessel. If the territory is damaged by a discharge prohibited by this chapter it need only plead and prove the fact of the prohibited discharge or other polluting condition and that it occurred. In addition to the civil penalty, the pilot and the master of any vessel or person in charge of any licensee's terminal facility who fails to give immediate notification of a discharge to the harbor master and nearest U.S. Coast Guard station shall be guilty of a misdemeanor and fined not less than $5,000 nor more than $10,000. The Department shall, by rules and regulations, require that the licensee designate a person at the terminal facility who shall be the person in charge of that facility for the purposes specified by this section.


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