EP 1130-2-520
29 Nov 96
(1) investigation of obstruction
(2) consultation with Coast Guard
(3) resolution of dispute with Coast Guard
(4) internal Corps notifications and situation reports
d. Cost recovery from the owner/operator/lessee shall be initiated by letter
correspondence (see sample letter at Appendix N). Review of cost documentation by counsel,
before submission to the responsible party for payment, is encouraged.
4-8. Legal Actions.
a. Criminal actions. Generally, the pursuit of criminal penalties should be reserved for
cases where:
(1) the case involves either gross negligence or willfulness,
(2) the individual to be prosecuted has not acted responsibly or diligently in removing the
wreck, and
(3) other legal recourse does not provide sufficient remedy.
b. Civil actions. The Corps may, however, pursue a civil judgment against an
owner/operator/lessee to compel removal, and may file suit to recover any loss or damages to the
Corps.
c. License suspension or revocation. Any master, mate, engineer, pilot or operator
holding a Coast Guard license may be subject to suspension and revocation proceedings
concerning their involvement in the incident which resulted in the wreck. The local Coast Guard
Marine Safety/Marine Inspection Office would normally initiate an investigation in such cases
where there is evidence of misconduct, negligence, incompetence or violation of certain U.S.
laws.
d. Collections. When an owner/operator/lessee does not respond within 30 days to a
letter seeking reimbursement of removal costs, the case may be referred to counsel for collection
through the courts.
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