Loading (50 kb)...'

National
United States
33 USC CHAPTER 27 - OCEAN DUMPING ACT

-CITE-
33 USC CHAPTER 27 - OCEAN DUMPING 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 27 - OCEAN DUMPING

-HEAD-
CHAPTER 27 - OCEAN DUMPING

-MISC1-
Sec.
1401. Congressional finding, policy, and declaration of
purpose.
(a) Dangers of unregulated dumping.
(b) Policy of regulation and prevention or
limitation.
(c) Regulation of dumping and transportation for
dumping purposes.
1402. Definitions.

SUBCHAPTER I - REGULATION
1411. Prohibited acts.
1412. Dumping permit program.
(a) Environmental Protection Agency permits.
(b) Permit categories.
(c) Designation of sites.
(d) Fish wastes.
(e) Foreign State permits; acceptance.
1412a. Emergency dumping of industrial waste.
(a) Issuance of emergency permits.
(b) "Industrial waste" defined.
1413. Dumping permit program for dredged material.
(a) Issuance by Secretary of the Army.
(b) Independent determination of need for dumping,
other methods of disposal, and appropriate
locations; alternative sites.
(c) Concurrence by Administrator.
(d) Waiver of requirements.
(e) Federal projects involving dredged material.
1414. Permit conditions.
(a) Designated and included conditions.
(b) Permit processing fees; reporting requirements.
(c) General permits.
(d) Review.
(e) Information for review and evaluation of
applications.
(f) Public information.
(g) Display of issued permits.
(h) Low-level radioactive waste; research purposes.
(i) Radioactive Material Disposal Impact
Assessment; Congressional approval.
1414a. Special provisions regarding certain dumping sites.
(a) New York Bight Apex.
(b) Restriction on use of 106-mile site.
1414b. Ocean dumping of sewage sludge and industrial waste.
(a) Termination of dumping.
(b) Special dumping fees.
(c) Compliance agreements and enforcement
agreements.
(d) Penalties.
(e) Trust account.
(f) Use of fees and penalties.
(g) Enforcement.
(h) State progress reports.
(i) EPA progress reports.
(j) Environmental monitoring.
(k) Definitions.
1414c. Prohibition on disposal of sewage sludge at landfills
on Staten Island.
(a) In general.
(b) Exclusion from penalties.
(c) "Sewage sludge" defined.
1415. Penalties.
(a) Assessment of civil penalty by Administrator;
remission or mitigation; court action for
appropriate relief.
(b) Criminal penalties.
(c) Separate offenses.
(d) Injunctive relief.
(e) Liability of vessels in rem.
(f) Revocation and suspension of permits.
(g) Civil suits by private persons.
(h) Emergencies.
(i) Seizure and forfeiture.
1416. Relationship to other laws.
(a) Voiding of preexisting licenses.
(b) Actions under authority of Rivers and Harbors
Act.
(c) Impairment of navigation.
(d) State programs.
(e) Existing conservation programs not affected.
(f) Dumping of dredged material in Long Island
Sound from any Federal, etc., project.
(g) Savings clause.
1417. Enforcement.
(a) Utilization of other departments, agencies, and
instrumentalities.
(b) Delegation of review and evaluation authority.
(c) Surveillance and other enforcement activity.
1418. Regulations.
1419. International cooperation.
1420. Authorization of appropriations.
1421. Omitted.

SUBCHAPTER II - RESEARCH
1441. Monitoring and research program.
1442. Research program respecting possible long-range
effects of pollution, overfishing, and man-induced
changes of ocean ecosystems.
(a) Secretary of Commerce.
(b) Action with other nations.
(c) Cooperation of other departments, agencies, and
independent instrumentalities.
(d) Utilization of personnel, services, and
facilities; inter-agency agreements.
1443. Research program respecting ocean dumping and other
methods of waste disposal.
(a) Cooperation with public authorities, agencies,
and institutions, private agencies and
institutions, and individuals.
(b) Termination date for ocean dumping of sewage
sludge not affected.
(c) Regional management plans for waste disposal.
(d) Report on sewage disposal in New York
metropolitan area.
1444. Annual reports.
(a) Report by Secretary of Commerce.
(b) Report by Administrator.
(c) Report by Under Secretary.
1445. Authorization of appropriations.

-End-



-CITE-
33 USC Sec. 1401 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 27 - OCEAN DUMPING

-HEAD-
Sec. 1401. Congressional finding, policy, and declaration of
purpose

-STATUTE-
(a) Dangers of unregulated dumping
Unregulated dumping of material into ocean waters endangers human
health, welfare, and amenities, and the marine environment,
ecological systems, and economic potentialities.
(b) Policy of regulation and prevention or limitation
The Congress declares that it is the policy of the United States
to regulate the dumping of all types of materials into ocean waters
and to prevent or strictly limit the dumping into ocean waters of
any material which would adversely affect human health, welfare, or
amenities, or the marine environment, ecological systems, or
economic potentialities.
(c) Regulation of dumping and transportation for dumping purposes
It is the purpose of this Act to regulate (1) the transportation
by any person of material from the United States and, in the case
of United States vessels, aircraft, or agencies, the transportation
of material from a location outside the United States, when in
either case the transportation is for the purpose of dumping the
material into ocean waters, and (2) the dumping of material
transported by any person from a location outside the United
States, if the dumping occurs in the territorial sea or the
contiguous zone of the United States.

-SOURCE-
(Pub. L. 92-532, Sec. 2, Oct. 23, 1972, 86 Stat. 1052; Pub. L.
93-254, Sec. 1(1), Mar. 22, 1974, 88 Stat. 50.)

-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsec. (c), means Pub. L. 92-532, which
is classified generally to this chapter, chapter 41 (Sec. 2801 et
seq.) of this title, and chapters 32 (Sec. 1431 et seq.) and 32A
(Sec. 1447 et seq.) of Title 16, Conservation.


-MISC1-
AMENDMENTS
1974 - Subsec. (b). Pub. L. 93-254 struck out statement of the
purpose of this Act as being the regulation of transportation of
material from the United States for dumping into ocean waters, and
the dumping of material, transported from outside the United
States, if the dumping occurs in ocean waters over which the United
States has jurisdiction or over which it may exercise control,
under accepted principles of international law, in order to protect
its territory or territorial sea, now covered by subsec. (c) of
this section.
Subsec. (c). Pub. L. 93-254 added subsec. (c).

EFFECTIVE DATE OF 1974 AMENDMENT
Section 2 of Pub. L. 93-254 provided in part that amendment of
subsecs. (b) and (c) of this section and sections 1402, 1411, and
1412(a), other than last sentence of subsec. (a), of this title, by
Pub. L. 93-254 shall become effective Mar. 22, 1974.

SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100-688, title I, Sec. 1001, Nov. 18, 1988, 102 Stat.
4139, provided that: "This title [enacting sections 1414b and 1414c
of this title, amending sections 1268, 1412a, and 1414a of this
title, and amending provisions set out as a note under section 2267
of this title] may be cited as the 'Ocean Dumping Ban Act of
1988'."

SHORT TITLE
Section 1 of Pub. L. 92-532 provided: "That this Act [enacting
this chapter, chapter 41 (Sec. 2801 et seq.) of this title, and
chapters 32 (Sec. 1431 et seq.) and 32A (Sec. 1447 et seq.) of
Title 16, Conservation] may be cited as the 'Marine Protection,
Research, and Sanctuaries Act of 1972'."


-EXEC-
TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES
For extension of territorial sea and contiguous zone of United
States, see Proc. No. 5928 and Proc. No. 7219, respectively, set
out as notes under section 1331 of Title 43, Public Lands.

ENVIRONMENTAL EFFECTS ABROAD OF MAJOR FEDERAL ACTIONS
For provisions relating to environmental effects abroad of major
federal actions, see Ex. Ord. No. 12114, Jan. 4, 1979, 44 F.R.
1957, set out as a note under section 4321 of Title 42, The Public
Health and Welfare.

FEDERAL COMPLIANCE WITH POLLUTION CONTROL STANDARDS
For provisions relating to the responsibility of the head of each
Executive agency for compliance with applicable pollution control
standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707,
set out as a note under section 4321 of Title 42, The Public Health
and Welfare.

-SECREF-
ACT REFERRED TO IN OTHER SECTIONS
The Marine Protection, Research, and Sanctuaries Act of 1972 is
referred to in sections 1269, 1345, 1503, 2602, 2622 of this title;
title 42 sections 6905, 9621, 10104.

-End-



-CITE-
33 USC Sec. 1402 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 27 - OCEAN DUMPING

-HEAD-
Sec. 1402. Definitions

-STATUTE-
For the purposes of this Act the term -
(a) "Administrator" means the Administrator of the Environmental
Protection Agency.
(b) "Ocean waters" means those waters of the open seas lying
seaward of the base line from which the territorial sea is
measured, as provided for in the Convention on the Territorial Sea
and the Contiguous Zone (15 UST 1606; TIAS 5639).
(c) "Material" means matter of any kind or description,
including, but not limited to, dredged material, solid waste,
incinerator residue, garbage, sewage, sewage sludge, munitions,
radiological, chemical, and biological warfare agents, radioactive
materials, chemicals, biological and laboratory waste, wreck or
discarded equipment, rock, sand, excavation debris, and industrial,
municipal, agricultural, and other waste; but such term does not
mean sewage from vessels within the meaning of section 1322 of this
title. Oil within the meaning of section 1321 of this title shall
be included only to the extent that such oil is taken on board a
vessel or aircraft for the purpose of dumping.
(d) "United States" includes the several States, the District of
Columbia, the Commonwealth of Puerto Rico, the Canal Zone, the
territories and possessions of the United States, and the Trust
Territory of the Pacific Islands.
(e) "Person" means any private person or entity, or any officer,
employee, agent, department, agency, or instrumentality of the
Federal Government, of any State or local unit of government, or of
any foreign government.
(f) "Dumping" means a disposition of material: Provided, That it
does not mean a disposition of any effluent from any outfall
structure to the extent that such disposition is regulated under
the provisions of the Federal Water Pollution Control Act, as
amended [33 U.S.C. 1251 et seq.], under the provisions of section
407 of this title, or under the provisions of the Atomic Energy Act
of 1954, as amended [42 U.S.C. 2011 et seq.], nor does it mean a
routine discharge of effluent incidental to the propulsion of, or
operation of motor-driven equipment on, vessels: Provided, further,
That it does not mean the construction of any fixed structure or
artificial island nor the intentional placement of any device in
ocean waters or on or in the submerged land beneath such waters,
for a purpose other than disposal, when such construction or such
placement is otherwise regulated by Federal or State law or occurs
pursuant to an authorized Federal or State program: And provided
further, That it does not include the deposit of oyster shells, or
other materials when such deposit is made for the purpose of
developing, maintaining, or harvesting fisheries resources and is
otherwise regulated by Federal or State law or occurs pursuant to
an authorized Federal or State program.
(g) "District court of the United States" includes the District
Court of Guam, the District Court of the Virgin Islands, the
District Court of Puerto Rico, the District Court of the Canal
Zone, and in the case of American Samoa and the Trust Territory of
the Pacific Islands, the District Court of the United States for
the District of Hawaii, which court shall have jurisdiction over
actions arising therein.
(h) "Secretary" means the Secretary of the Army.
(i) "Dredged material" means any material excavated or dredged
from the navigable waters of the United States.
(j) "High-level radioactive waste" means the aqueous waste
resulting from the operation of the first cycle solvent extraction
system, or equivalent and the concentrated waste from subsequent
extraction cycles, or equivalent, in a facility for reprocessing
irradiated reactor fuels, or irradiated fuel from nuclear power
reactors.
(k) "Medical waste" means isolation wastes; infectious agents;
human blood and blood products; pathological wastes; sharps; body
parts; contaminated bedding; surgical wastes and potentially
contaminated laboratory wastes; dialysis wastes; and such
additional medical items as the Administrator shall prescribe by
regulation.
(l) "Transport" or "transportation" refers to the carriage and
related handling of any material by a vessel, or by any other
vehicle, including aircraft.
(m) "Convention" means the Convention on the Prevention of Marine
Pollution by Dumping of Wastes and Other Matter.

-SOURCE-
(Pub. L. 92-532, Sec. 3, Oct. 23, 1972, 86 Stat. 1052; Pub. L.
93-254, Sec. 1(2), Mar. 22, 1974, 88 Stat. 50; Pub. L. 100-688,
title III, Sec. 3201(a), Nov. 18, 1988, 102 Stat. 4153.)

-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, means Pub. L. 92-532, which is
classified generally to this chapter, chapter 41 (Sec. 2801 et
seq.) of this title, and chapters 32 (Sec. 1431 et seq.) and 32A
(Sec. 1447 et seq.) of Title 16, Conservation.
For definition of Canal Zone, referred to in subsec. (d), see
section 3602(b) of Title 22, Foreign Relations and Intercourse.
The Federal Water Pollution Control Act, as amended, referred to
in subsec. (f), is act June 30, 1948, ch. 758, as amended generally
by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is
classified generally to chapter 26 (Sec. 1251 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 1251 of this title and
Tables.
The Atomic Energy Act of 1954, as amended, referred to in subsec.
(f), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 921, and amended, which is classified
generally to chapter 23 (Sec. 2011 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 2011 of Title 42
and Tables.


-MISC1-
AMENDMENTS
1988 - Subsecs. (k) to (m). Pub. L. 100-688 added subsec. (k) and
redesignated former subsecs. (k) and (l) as (l) and (m),
respectively.
1974 - Subsec. (c). Pub. L. 93-254, Sec. 1(2)(A), substituted
"sewage from vessels within the meaning of section 1322 of this
title. Oil within the meaning of section 1321 of this title shall
be included only to the extent that such oil is taken on board a
vessel or aircraft for the purpose of dumping." for "oil within the
meaning of section 11 of the Federal Water Pollution Control Act
and does not mean sewage from vessels within the meaning of section
13 of such Act."
Subsec. (l). Pub. L. 93-254, Sec. 1(2)(C), added subsec. (l).

EFFECTIVE DATE OF 1974 AMENDMENT
Amendment by Pub. L. 93-254 effective Mar. 22, 1974, see section
2 of Pub. L. 93-254, set out in part as a note under section 1401
of this title.


-TRANS-
TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS
For termination of Trust Territory of the Pacific Islands, see
note set out preceding section 1681 of Title 48, Territories and
Insular Possessions.

TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE
CANAL ZONE
For termination of the United States District Court for the
District of the Canal Zone at end of the "transition period", being
the 30-month period beginning Oct. 1, 1979, and ending midnight
Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal
Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96-70,
title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to
sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign
Relations and Intercourse.


-EXEC-
TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES
For extension of territorial sea and contiguous zone of United
States, see Proc. No. 5928 and Proc. No. 7219, respectively, set
out as notes under section 1331 of Title 43, Public Lands.

-End-


-CITE-
33 USC SUBCHAPTER I - REGULATION 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 27 - OCEAN DUMPING
SUBCHAPTER I - REGULATION

-HEAD-
SUBCHAPTER I - REGULATION

-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 1412a, 1442, 1444,
2601 of this title; title 18 section 1956; title 42 sections 6922,
6923, 6928.

-End-



-CITE-
33 USC Sec. 1411 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 27 - OCEAN DUMPING
SUBCHAPTER I - REGULATION

-HEAD-
Sec. 1411. Prohibited acts

-STATUTE-
(a) Except as may be authorized by a permit issued pursuant to
section 1412 or section 1413 of this title, and subject to
regulations issued pursuant to section 1418 of this title,
(1) no person shall transport from the United States, and
(2) in the case of a vessel or aircraft registered in the
United States or flying the United States flag or in the case of
a United States department, agency, or instrumentality, no person
shall transport from any location

any material for the purpose of dumping it into ocean waters.
(b) Except as may be authorized by a permit issued pursuant to
section 1412 of this title, and subject to regulations issued
pursuant to section 1418 of this title, no person shall dump any
material transported from a location outside the United States (1)
into the territorial sea of the United States, or (2) into a zone
contiguous to the territorial sea of the United States, extending
to a line twelve nautical miles seaward from the base line from
which the breadth of the territorial sea is measured, to the extent
that it may affect the territorial sea or the territory of the
United States.

-SOURCE-
(Pub. L. 92-532, title I, Sec. 101, Oct. 23, 1972, 86 Stat. 1053;
Pub. L. 93-254, Sec. 1(3), Mar. 22, 1974, 88 Stat. 51.)


-MISC1-
AMENDMENTS
1974 - Subsec. (a). Pub. L. 93-254 incorporated existing
provisions in introductory text, substituting reference to permits
issued under section 1412 or section 1413 of this title for prior
reference to such issuance under this subchapter; incorporated
existing provisions in item designated (1); added item (2); and
substituted prohibition against transportation of any material for
ocean dumping for former prohibition against such dumping of any
radiological, chemical, or biological warfare agent or any
high-level radioactive waste, or any other material.
Subsec. (b). Pub. L. 93-254 substituted reference to permits
issued under section 1412 of this title for former reference to
such issuance under this subchapter, made any ocean dumping subject
to regulations issued under section 1418 of this title, and
substituted prohibition against dumping of any material for former
prohibition against dumping of any radiological, chemical, or
biological warfare agent or any high-level radioactive waste, or
any other material.
Subsec. (c). Pub. L. 93-254 struck out subsec. (c) which
prohibited any officer, employee, agent, department, agency, or
instrumentality of the United States from transporting from any
location outside the United States any radiological, chemical, or
biological warfare agent or any high-level radioactive waste, or,
except as may be authorized in a permit, any other material for
purpose of dumping in ocean waters. See subsec. (b) of this
section.

EFFECTIVE DATE OF 1974 AMENDMENT
Amendment by Pub. L. 93-254 effective Mar. 22, 1974, see section
2 of Pub. L. 93-254, set out in part as a note under section 1401
of this title.

EFFECTIVE DATE
Section 110(a) of title I of Pub. L. 92-532 provided that: "This
title [this subchapter] shall take effect six months after the date
of the enactment of this Act [Oct. 23, 1972]."

SAVINGS PROVISION
Section 110(b) of title I of Pub. L. 92-532 provided that: "No
legal action begun, or right of action accrued, prior to the
effective date of this title [this subchapter] shall be affected by
any provision of this title [this subchapter]."


-EXEC-
TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES
For extension of territorial sea and contiguous zone of United
States, see Proc. No. 5928 and Proc. No. 7219, respectively, set
out as notes under section 1331 of Title 43, Public Lands.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1412, 1412a, 1443 of this
title.

-End-



-CITE-
33 USC Sec. 1412 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 27 - OCEAN DUMPING
SUBCHAPTER I - REGULATION

-HEAD-
Sec. 1412. Dumping permit program

-STATUTE-
(a) Environmental Protection Agency permits
Except in relation to dredged material, as provided for in
section 1413 of this title, and in relation to radiological,
chemical, and biological warfare agents, high-level radioactive
waste, and medical waste, for which no permit may be issued, the
Administrator may issue permits, after notice and opportunity for
public hearings, for the transportation from the United States or,
in the case of an agency or instrumentality of the United States,
or in the case of a vessel or aircraft registered in the United
States or flying the United States flag, for the transportation
from a location outside the United States, of material for the
purpose of dumping it into ocean waters, or for the dumping of
material into the waters described in section 1411(b) of this
title, where the Administrator determines that such dumping will
not unreasonably degrade or endanger human health, welfare, or
amenities, or the marine environment, ecological systems, or
economic potentialities. The Administrator shall establish and
apply criteria for reviewing and evaluating such permit
applications, and, in establishing or revising such criteria, shall
consider, but not be limited in his consideration to, the following
:
(A) The need for the proposed dumping.
(B) The effect of such dumping on human health and welfare,
including economic, esthetic, and recreational values.
(C) The effect of such dumping on fisheries resources,
plankton, fish, shellfish, wildlife, shore lines and beaches.
(D) The effect of such dumping on marine ecosystems,
particularly with respect to -
(i) the transfer, concentration, and dispersion of such
material and its byproducts through biological, physical, and
chemical processes.
(ii) potential changes in marine ecosystem diversity,
productivity, and stability, and
(iii) species and community population dynamics.

(E) The persistence and permanence of the effects of the
dumping.
(F) The effect of dumping particular volumes and concentrations
of such materials.
(G) Appropriate locations and methods of disposal or recycling,
including land-based alternatives and the probable impact of
requiring use of such alternate locations or methods upon
considerations affecting the public interest.
(H) The effect on alternate uses of oceans, such as scientific
study, fishing, and other living resource exploitation, and
non-living resource exploitation.
(I) In designating recommended sites, the Administrator shall
utilize wherever feasible locations beyond the edge of the
Continental Shelf.

In establishing or revising such criteria, the Administrator shall
consult with Federal, State, and local officials, and interested
members of the general public, as may appear appropriate to the
Administrator. With respect to such criteria as may affect the
civil works program of the Department of the Army, the
Administrator shall also consult with the Secretary. In reviewing
applications for permits, the Administrator shall make such
provision for consultation with interested Federal and State
agencies as he deems useful or necessary. No permit shall be issued
for a dumping of material which will violate applicable water
quality standards. To the extent that he may do so without relaxing
the requirements of this subchapter, the Administrator, in
establishing or revising such criteria, shall apply the standards
and criteria binding upon the United States under the Convention,
including its Annexes.
(b) Permit categories
The Administrator may establish and issue various categories of
permits, including the general permits described in section 1414(c)
of this title.
(c) Designation of sites
(1) In general
The Administrator shall, in a manner consistent with the
criteria established pursuant to subsection (a) of this section,
designate sites or time periods for dumping. The Administrator
shall designate sites or time periods for dumping that will
mitigate adverse impact on the environment to the greatest extent
practicable.
(2) Prohibitions regarding site or time period
In any case where the Administrator determines that, with
respect to certain materials, it is necessary to prohibit dumping
at a site or during a time period, the Administrator shall
prohibit the dumping of such materials in such site or during
such time period. This prohibition shall apply to any dumping at
the site or during such time period. This prohibition shall apply
to any dumping at the site or during the time period, including
any dumping under section 1413(e) of this title.
(3) Dredged material disposal sites
In the case of dredged material disposal sites, the
Administrator, in conjunction with the Secretary, shall develop a
site management plan for each site designated pursuant to this
section. In developing such plans, the Administrator and the
Secretary shall provide opportunity for public comment. Such
plans shall include, but not be limited to -
(A) a baseline assessment of conditions at the site;
(B) a program for monitoring the site;
(C) special management conditions or practices to be
implemented at each site that are necessary for protection of
the environment;
(D) consideration of the quantity of the material to be
disposed of at the site, and the presence, nature, and
bioavailability of the contaminants in the material;
(E) consideration of the anticipated use of the site over the
long term, including the anticipated closure date for the site,
if applicable, and any need for management of the site after
the closure of the site; and
(F) a schedule for review and revision of the plan (which
shall not be reviewed and revised less frequently than 10 years
after adoption of the plan, and every 10 years thereafter).
(4) General site management plan requirement; prohibitions
After January 1, 1995, no site shall receive a final
designation unless a management plan has been developed pursuant
to this section. Beginning on January 1, 1997, no permit for
dumping pursuant to this Act or authorization for dumping under
section 1413(e) of this title shall be issued for a site (other
than the site located off the coast of Newport Beach, California,
which is known as "LA-3") unless such site has received a final
designation pursuant to this subsection or an alternative site
has been selected pursuant to section 1413(b) of this title.
Beginning January 1, 2003, no permit for dumping pursuant to this
Act or authorization for dumping under section 1413(e) of this
title shall be issued for the site located off the coast of
Newport Beach, California, which is known as "LA-3", unless such
site has received a final designation pursuant to this subsection
or an alternative site has been selected pursuant to section
1413(b) of this title.
(5) Management plans for previously designated sites
The Administrator shall develop a site management plan for any
site designated prior to January 1, 1995, as expeditiously as
practicable, but not later than January 1, 1997, giving priority
consideration to management plans for designated sites that are
considered to have the greatest impact on the environment.
(d) Fish wastes
No permit is required under this subchapter for the
transportation for dumping or the dumping of fish wastes, except
when deposited in harbors or other protected or enclosed coastal
waters, or where the Administrator finds that such deposits could
endanger health, the environment, or ecological systems in a
specific location. Where the Administrator makes such a finding,
such material may be deposited only as authorized by a permit
issued by the Administrator under this section.
(e) Foreign State permits; acceptance
In the case of transportation of material, by an agency or
instrumentality of the United States or by a vessel or aircraft
registered in the United States or flying the United States flag,
from a location in a foreign State Party to the Convention, a
permit issued pursuant to the authority of that foreign State
Party, in accordance with Convention requirements, and which
otherwise could have been issued pursuant to subsection (a) of this
section, shall be accepted, for the purposes of this subchapter, as
if it were issued by the Administrator under the authority of this
section: Provided, That in the case of an agency or instrumentality
of the United States, no application shall be made for a permit to
be issued pursuant to the authority of a foreign State Party to the
Convention unless the Administrator concurs in the filing of such
application.

-SOURCE-
(Pub. L. 92-532, title I, Sec. 102, Oct. 23, 1972, 86 Stat. 1054;
Pub. L. 93-254, Sec. 1(4), Mar. 22, 1974, 88 Stat. 51; Pub. L.
96-572, Sec. 3, Dec. 22, 1980, 94 Stat. 3345; Pub. L. 100-688,
title III, Sec. 3201(b), Nov. 18, 1988, 102 Stat. 4153; Pub. L.
102-580, title V, Sec. 506(a), Oct. 31, 1992, 106 Stat. 4868; Pub.
L. 104-303, title V, Sec. 582, Oct. 12, 1996, 110 Stat. 3791; Pub.
L. 106-53, title V, Sec. 562, Aug. 17, 1999, 113 Stat. 355.)

-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsec. (c)(4), means Pub. L. 92-532,
which is classified generally to this chapter, chapter 41 (Sec.
2801 et seq.) of this title, and chapters 32 (Sec. 1431 et seq.)
and 32A (Sec. 1447 et seq.) of Title 16, Conservation.


-MISC1-
AMENDMENTS
1999 - Subsec. (c)(4). Pub. L. 106-53 substituted "January 1,
2003" for "January 1, 2000" in third sentence.
1996 - Subsec. (e)(4). Pub. L. 104-303 inserted "(other than the
site located off the coast of Newport Beach, California, which is
known as 'LA-3')" after "for a site" and inserted at end "Beginning
January 1, 2000, no permit for dumping pursuant to this Act or
authorization for dumping under section 1413(e) of this title shall
be issued for the site located off the coast of Newport Beach,
California, which is known as 'LA-3', unless such site has received
a final designation pursuant to this subsection or an alternative
site has been selected pursuant to section 1413(b) of this title."
1992 - Subsec. (c). Pub. L. 102-580 amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: "The
Administrator may, considering the criteria established pursuant to
subsection (a) of this section, designate recommended sites or
times for dumping and, when he finds it necessary to protect
critical areas, shall, after consultation with the Secretary, also
designate sites or times within which certain materials may not be
dumped."
1988 - Subsec. (a). Pub. L. 100-688 substituted "agents,
high-level" for "agents and high-level" and inserted "and medical
waste," after "radioactive waste,".
1980 - Subsec. (e). Pub. L. 96-572 inserted applicability to
United States agency or instrumentality, and proviso respecting
such agency or instrumentality.
1974 - Subsec. (a). Pub. L. 93-254, Sec. 1(4)(A), substituted
"for which no permit may be issued," for "as provided for in
section 1411 of this title,", inserted "or in the case of a vessel
or aircraft registered in the United States or flying the United
States flag," after "instrumentality of the United States,", and
required the Administrator to apply the standards and criteria
binding upon the United States under the Convention, including its
Annexes.
Subsec. (e). Pub. L. 93-254, Sec. 1(4)(B), added subsec. (e).

EFFECTIVE DATE OF 1974 AMENDMENT
Section 2 of Pub. L. 93-254 provided in part that: "The
amendments made by subparagraph 1(4)(A)(iii) and paragraph 1(4)(B)
of this Act [enacting provision of subsec. (a) respecting
application of standards by Administrator and subsec. (e) of this
section] shall become effective on the date that the Convention on
the Prevention of Marine Pollution by Dumping of Wastes and Other
Matters enters into force for the United States." [The Convention
entered into force for the United States Aug. 30, 1975.]
Amendment of subsec. (a) of this section, other than last
sentence, by Pub. L. 93-254 effective Mar. 22, 1974, see section 2
of Pub. L. 93-254, set out in part as a note under section 1401 of
this title.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1411, 1413, 1414, 1414a,
1414b, 1415, 1416 of this title; title 42 section 9601.

-End-



-CITE-
33 USC Sec. 1412a 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 27 - OCEAN DUMPING
SUBCHAPTER I - REGULATION

-HEAD-
Sec. 1412a. Emergency dumping of industrial waste

-STATUTE-
(a) Issuance of emergency permits
Notwithstanding section 104B of the Marine Protection, Research,
and Sanctuaries Act of 1972 [33 U.S.C. 1414b], after December 31,
1981, the Administrator may issue emergency permits under title I
of such Act [33 U.S.C. 1411 et seq.] for the dumping of industrial
waste into ocean waters, or into waters described in such section
101(b) [33 U.S.C. 1411(b)], if the Administrator determines that
there has been demonstrated to exist an emergency, requiring the
dumping of such waste, which poses an unacceptable risk relating to
human health and admits of no other feasible solution. As used
herein, "emergency" refers to situations requiring action with a
marked degree of urgency.
(b) "Industrial waste" defined
For purposes of this section, the term "industrial waste" means
any solid, semisolid, or liquid waste generated by a manufacturing
or processing plant.

-SOURCE-
(Pub. L. 95-153, Sec. 4, Nov. 4, 1977, 91 Stat. 1255; Pub. L.
96-572, Sec. 2, Dec. 22, 1980, 94 Stat. 3344; Pub. L. 100-688,
title I, Sec. 1003(a), Nov. 18, 1988, 102 Stat. 4149.)

-REFTEXT-
REFERENCES IN TEXT
The Marine Protection, Research, and Sanctuaries Act of 1972,
referred to in subsec. (a), is Pub. L. 92-532, Oct. 23, 1972, 86
Stat. 1052, as amended. Title I of the Act is classified generally
to this subchapter. For complete classification of this Act to the
Code, see Short Title note set out under section 1401 of this title
and Tables.
Such section 101(b), referred to in subsec. (b), means section
101(b) of the Marine Protection, Research, and Sanctuaries Act of
1972.

-COD-
CODIFICATION
Section was not enacted as part of the Marine Protection,
Research, and Sanctuaries Act of 1972 which comprises this chapter.


-MISC1-
AMENDMENTS
1988 - Subsec. (a). Pub. L. 100-688, Sec. 1003(a)(1), (3)-(5),
redesignated subsec. (c) as (a), substituted "Notwithstanding
section 104B of the Marine Protection, Research, and Sanctuaries
Act of 1972 after" for "After", and "title I of such Act" for "such
title I". Former subsec. (a), which related to cessation of
dumping, with exceptions, was struck out.
Subsec. (b). Pub. L. 100-688, Sec. 1003(a)(2), (7), added subsec.
(b). Former subsec. (b), which related to issuance of permits for
dumping of industrial waste, was struck out.
Subsec. (c). Pub. L. 100-688, Sec. 1003(a)(3), redesignated
subsec. (c) as (a).
Subsec. (d). Pub. L. 100-688, Sec. 1003(a)(6), struck out subsec.
(d) which related to definitions.
1980 - Subsec. (a). Pub. L. 96-572, Sec. 2(1), inserted
applicability to industrial waste, exceptions respecting subsecs.
(b) and (c) of this section, and conforming changes in phraseology.
Subsec. (b). Pub. L. 96-572, Sec. 2(2), added subsec. (b). Former
subsec. (b), defining "sewage sludge", was struck out.
Subsecs. (c), (d). Pub. L. 96-572, Sec. 2(2), added subsecs. (c)
and (d).

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1443 of this title.

-End-



-CITE-
33 USC Sec. 1413 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 27 - OCEAN DUMPING
SUBCHAPTER I - REGULATION

-HEAD-
Sec. 1413. Dumping permit program for dredged material

-STATUTE-
(a) Issuance by Secretary of the Army
Subject to the provisions of subsections (b), (c), and (d) of
this section, the Secretary may issue permits, after notice and
opportunity for public hearings, for the transportation of dredged
material for the purpose of dumping it into ocean waters, where the
Secretary determines that the dumping will not unreasonably degrade
or endanger human health, welfare, or amenities, or the marine
environment, ecological systems, or economic potentialities.
(b) Independent determination of need for dumping, other methods of
disposal, and appropriate locations; alternative sites
In making the determination required by subsection (a) of this
section, the Secretary shall apply those criteria, established
pursuant to section 1412(a) of this title, relating to the effects
of the dumping. Based upon an evaluation of the potential effect of
a permit denial on navigation, economic and industrial development,
and foreign and domestic commerce of the United States, the
Secretary shall make an independent determination as to the need
for the dumping. The Secretary shall also make an independent
determination as to other possible methods of disposal and as to
appropriate locations for the dumping. In considering appropriate
locations, he shall, to the maximum extent feasible, utilize the
recommended sites designated by the Administrator pursuant to
section 1412(c) of this title. In any case in which the use of a
designated site is not feasible, the Secretary may, with the
concurrence of the Administrator, select an alternative site. The
criteria and factors established in section 1412(a) of this title
relating to site selection shall be used in selecting the
alternative site in a manner consistent with the application of
such factors and criteria pursuant to section 1412(c) of this
title. Disposal at or in the vicinity of an alternative site shall
be limited to a period of not greater than 5 years unless the site
is subsequently designated pursuant to section 1412(c) of this
title; except that an alternative site may continue to be used for
an additional period of time that shall not exceed 5 years if -
(1) no feasible disposal site has been designated by the
Administrator;
(2) the continued use of the alternative site is necessary to
maintain navigation and facilitate interstate or international
commerce; and
(3) the Administrator determines that the continued use of the
site does not pose an unacceptable risk to human health, aquatic
resources, or the environment.
(c) Concurrence by Administrator
(1) Notification
Prior to issuing a permit to any person under this section, the
Secretary shall first notify the Administrator of the Secretary's
intention to do so and provide necessary and appropriate
information concerning the permit to the Administrator. Within 30
days of receiving such information, the Administrator shall
review the information and request any additional information the
Administrator deems necessary to evaluate the proposed permit.
(2) Concurrence by Administrator
Within 45 days after receiving from the Secretary all
information the Administrator considers to be necessary to
evaluate the proposed permit, the Administrator shall, in
writing, concur with (either entirely or with conditions) or
decline to concur with the determination of the Secretary as to
compliance with the criteria, conditions, and restrictions
established pursuant to sections 1412(a) and 1412(c) of this
title relating to the environmental impact of the permit. The
Administrator may request one 45-day extension in writing and the
Secretary shall grant such request on receipt of the request.
(3) Effect of concurrence
In any case where the Administrator makes a determination to
concur (with or without conditions) or to decline to concur
within the time period specified in paragraph (2) the
determination shall prevail. If the Administrator declines to
concur in the determination of the Secretary no permit shall be
issued. If the Administrator concurs with conditions the permit
shall include such conditions. The Administrator shall state in
writing the reasons for declining to concur or for the conditions
of the concurrence.
(4) Failure to act
If no written documentation is made by the Administrator within
the time period provided for in paragraph (2), the Secretary may
issue the permit.
(5) Compliance with criteria and restrictions
Unless the Administrator grants a waiver pursuant to subsection (continued)