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B-201385 1 (1981-05-29)

handle is hein.gao/gaobadjku0001 and id is 1 raw text is: DECISION FILE: B-201385 / Z6-0 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. 0. C. 20548 DATE: May 29, 1981 MATTER OF: Refiners Marketing Company - Refund of Overpayment of Fine DIGEST: Company assessed $1,500 fine for oil spill pursuant to 33 U.S.C. § 1321(b) (1976 and Supp. III 1979) by Hearing Officer of the Coast Guard. While awaiting decision of appeal to Commandant, company paid $1,500 fine which was deposited in a pollution fund established by 33 U.S.C. S 1321(k) (Supp. III 1979). Commandant reduced fine $300 to $1,200. $300 may be taken from Fund to repay company pursuant to rule set forth in 17 Comp. Gen. 859 (1938) and other cases since it may be considered as erroneously credited to the Fund. The Chief of the Claims and L sion of the United States Coast Guar ested an advance decisio from our Office with regard to the proper procedure in refunding $300 to the Refiners Marketing Company (Refiners). Refiners was fined $1,500 under the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. S 1251 et seq. (1976 and Supp. III 1979), specifically 33 U.S.C. S 1321(b)(3), after a hearing before a Hearing Officer of the Coast Guard. See 33 C.F.R. S 1.07-20 et seq. Refiners appealed the deci- sion of the Hearing Officer to the Commandant of the Coast Guard. See 33 C.F.R. § 1.07-70 et seq. While awaiting a decision on its appeal, Refiners paid the $1,500 assessment. Having timely appealed this decision, this payment was not then required. 33 C.F.R. S 1.07-85(c). The Commandant, who has the power to remit, mitigate or suspend all or part of an assessment, reduced the fine to $1,200. See 33 C.F.R. § 1.07-75(b). Refiners has requested a $300 refund. The Coast Guard, while recognizing that Refiners should be reimbursed the $300, is uncertain as to the proper procedure for a refund. Refiners' $1,500 check was deposited into the fund established under 33 U.S.C. § 1321(k) (Fund). The Fund is made up of any fines collected under 33 U.S.C. § 1321 (Oil and hazardous substance liability), and of funds appropriated to the Fund. The Fund is to be expended for specified purposes such as re- moving hazardous substances from waters, 33 U.S.C. § 1321(c), dealing with maritime disasters posing serious water pollution threats, 33 U.S.C. § 1321(d), and reimbursing owners or operators for the cost of removal of hazardous substances under certain circumstances, 33 U.S.C. § 1321(i). As the Coast Guard notes, none of the stated purposes for the Fund deals with remission of monies erroneously 6~ 7~~e 44Zt5~Y //6399 a e/itC, A 2 a 7 Z 7

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