(1) The master and the owner of a ship are
each guilty of an offence if any oil residues that cannot be discharged from
the ship into State waters without the commission of an offence against
section 15 are not retained on board the ship while the ship is in
State waters.
: Maximum penalty--
(a) in the case of an individual--$500,000,
or
(b) in the case of a corporation--$10,000,000.
Example : A ship leaves
Port A with a quantity of oil residue held in a tank or space and, without
leaving State waters, arrives at Port B with a lesser quantity in the tank or
space. This subsection places an onus on the ship's master to explain why
there is a discrepancy in the quantity.
(2) Despite subsection (1), oil
residues may be discharged from a ship to a reception facility provided in
accordance with Regulation 38 of Annex I of MARPOL.
