Question 52 RVR05 - Master of LT 100 GRT

The Correct Answer is A. The Federal Water Pollution Control Act (FWPCA), often referred to as the Clean Water Act (CWA) concerning oil spills, mandates that the person in charge of a vessel or facility immediately notify the appropriate agency (typically the National Response Center, which relays information to the Coast Guard) upon knowledge of an oil or hazardous substance discharge into navigable waters. **Why Option A ("5 years") is correct:** The failure to notify the Coast Guard (or the National Response Center) of a known discharge is a serious criminal offense under Section 311(b)(5) of the Clean Water Act (33 U.S.C. § 1321(b)(5)). This specific section states that any person who fails to immediately notify the federal government of a discharge, upon conviction, shall be subject to a fine in accordance with Title 18 and **imprisonment for not more than 5 years**, or both. **Why the other options are incorrect:** * **B) 3 years:** Three years is not the maximum statutory imprisonment period defined under 33 U.S.C. § 1321(b)(5) for failure to notify the government of an oil discharge. * **C) 2 years:** Two years is less than the maximum allowable sentence defined by the statute. * **D) 1 years:** One year is less than the maximum allowable sentence defined by the statute. Furthermore, sentences of one year or less are typically associated with misdemeanor offenses, while failure to notify under the CWA is treated as a felony with a maximum sentence of five years.