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(continued)
(d) of this section, any permit issued by the Secretary shall
require compliance with such criteria and restrictions.
(d) Waiver of requirements
If, in any case, the Secretary finds that, in the disposition of
dredged material, there is no economically feasible method or site
available other than a dumping site the utilization of which would
result in non-compliance with the criteria established pursuant to
section 1412(a) of this title relating to the effects of dumping or
with the restrictions established pursuant to section 1412(c) of
this title relating to critical areas, he shall so certify and
request a waiver from the Administrator of the specific
requirements involved. Within thirty days of the receipt of the
waiver request, unless the Administrator finds that the dumping of
the material will result in an unacceptably adverse impact on
municipal water supplies, shell-fish beds, wildlife, fisheries
(including spawning and breeding areas), or recreational areas, he
shall grant the waiver.
(e) Federal projects involving dredged material
In connection with Federal projects involving dredged material,
the Secretary may, in lieu of the permit procedure, issue
regulations which will require the application to such projects of
the same criteria, other factors to be evaluated, the same
procedures, and the same requirements which apply to the issuance
of permits under subsections (a), (b), (c), and (d) of this section
and section 1414(a) and (d) of this title.

-SOURCE-
(Pub. L. 92-532, title I, Sec. 103, Oct. 23, 1972, 86 Stat. 1055;
Pub. L. 102-580, title V, Secs. 504, 506(b), Oct. 31, 1992, 106
Stat. 4866, 4869.)


-MISC1-
AMENDMENTS
1992 - Subsec. (b). Pub. L. 102-580, Sec. 506(b), inserted
"maximum" before "extent feasible" and inserted three sentences at
end.
Subsec. (c). Pub. L. 102-580, Sec. 504(a), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: "Prior
to issuing any permit under this section, the Secretary shall first
notify the Administrator of his intention to do so. In any case in
which the Administrator disagrees with the determination of the
Secretary as to compliance with the criteria established pursuant
to section 1412(a) of this title relating to the effects of the
dumping or with the restrictions established pursuant to section
1412(c) of this title relating to critical areas, the determination
of the Administrator shall prevail. Unless the Administrator grants
a waiver pursuant to subsection (d) of this section, the Secretary
shall not issue a permit which does not comply with such criteria
and with such restrictions."
Subsec. (e). Pub. L. 102-580, Sec. 504(b), inserted before period
at end "and section 1414(a) and (d) of this title".

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1411, 1412, 1414, 1414b,
1415 of this title; title 42 section 9601.

-End-



-CITE-
33 USC Sec. 1414 01/19/04

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

-HEAD-
Sec. 1414. Permit conditions

-STATUTE-
(a) Designated and included conditions
Permits issued under this subchapter shall designate and include
(1) the type of material authorized to be transported for dumping
or to be dumped; (2) the amount of material authorized to be
transported for dumping or to be dumped; (3) the location where
such transport for dumping will be terminated or where such dumping
will occur; (4) such requirements, limitations, or conditions as
are necessary to assure consistency with any site management plan
approved pursuant to section 1412(c) of this title; (5) any special
provisions deemed necessary by the Administrator or the Secretary,
as the case may be, after consultation with the Secretary of the
Department in which the Coast Guard is operating, for the
monitoring and surveillance of the transportation or dumping; and
(6) such other matters as the Administrator or the Secretary, as
the case may be, deems appropriate. Permits issued under this
subchapter shall be issued for a period of not to exceed 7 years.
(b) Permit processing fees; reporting requirements
The Administrator or the Secretary, as the case may be, may
prescribe such processing fees for permits and such reporting
requirements for actions taken pursuant to permits issued by him
under this subchapter as he deems appropriate.
(c) General permits
Consistent with the requirements of sections 1412 and 1413 of
this title, but in lieu of a requirement for specific permits in
such case, the Administrator or the Secretary, as the case may be,
may issue general permits for the transportation for dumping, or
dumping, or both, of specified materials or classes of materials
for which he may issue permits, which he determines will have a
minimal adverse environmental impact.
(d) Review
Any permit issued under this subchapter shall be reviewed
periodically and, if appropriate, revised. The Administrator or the
Secretary, as the case may be, may limit or deny the issuance of
permits, or he may alter or revoke partially or entirely the terms
of permits issued by him under this subchapter, for the
transportation for dumping, or for the dumping, or both, of
specified materials or classes of materials, where he finds, based
upon monitoring data from the dump site and surrounding area, that
such materials cannot be dumped consistently with the criteria and
other factors required to be applied in evaluating the permit
application. No action shall be taken under this subsection unless
the affected person or permittee shall have been given notice and
opportunity for a hearing on such action as proposed.
(e) Information for review and evaluation of applications
The Administrator or the Secretary, as the case may be, shall
require an applicant for a permit under this subchapter to provide
such information as he may consider necessary to review and
evaluate such application.
(f) Public information
Information received by the Administrator or the Secretary, as
the case may be, as a part of any application or in connection with
any permit granted under this subchapter shall be available to the
public as a matter of public record, at every stage of the
proceeding. The final determination of the Administrator or the
Secretary, as the case may be, shall be likewise available.
(g) Display of issued permits
A copy of any permit issued under this subchapter shall be placed
in a conspicuous place in the vessel which will be used for the
transportation or dumping authorized by such permit, and an
additional copy shall be furnished by the issuing official to the
Secretary of the department in which the Coast Guard is operating,
or its designee.
(h) Low-level radioactive waste; research purposes
Notwithstanding any provision of this subchapter to the contrary,
during the two-year period beginning on January 6, 1983, no permit
may be issued under this subchapter that authorizes the dumping of
any low-level radioactive waste unless the Administrator of the
Environmental Protection Agency determines -
(1) that the proposed dumping is necessary to conduct research
-
(A) on new technology related to ocean dumping, or
(B) to determine the degree to which the dumping of such
substance will degrade the marine environment;

(2) that the scale of the proposed dumping is limited to the
smallest amount of such material and the shortest duration of
time that is necessary to fulfill the purposes of the research,
such that the dumping will have minimal adverse impact upon human
health, welfare, and amenities, and the marine environment,
ecological systems, economic potentialities, and other legitimate
uses;
(3) after consultation with the Secretary of Commerce, that the
potential benefits of such research will outweigh any such
adverse impact; and
(4) that the proposed dumping will be preceded by appropriate
baseline monitoring studies of the proposed dump site and its
surrounding environment.

Each permit issued pursuant to this subsection shall be subject to
such conditions and restrictions as the Administrator determines to
be necessary to minimize possible adverse impacts of such dumping.
(i) Radioactive Material Disposal Impact Assessment; Congressional
approval
(1) Two years after January 6, 1983, the Administrator may not
issue a permit under this subchapter for the disposal of
radioactive waste material until the applicant, in addition to
complying with all other requirements of this subchapter, prepares,
with respect to the site at which the disposal is proposed, a
Radioactive Material Disposal Impact Assessment which shall include
-
(A) a listing of all radioactive materials in each container to
be disposed, the number of containers to be dumped, the
structural diagrams of each container, the number of curies of
each material in each container, and the exposure levels in rems
at the inside and outside of each container;
(B) an analysis of the environmental impact of the proposed
action, at the site at which the applicant desires to dispose of
the material, upon human health and welfare and marine life;
(C) any adverse environmental effects at the site which cannot
be avoided should the proposal be implemented;
(D) an analysis of the resulting environmental and economic
conditions if the containers fail to contain the radioactive
waste material when initially deposited at the specific site;
(E) a plan for the removal or containment of the disposed
nuclear material if the container leaks or decomposes;
(F) a determination by each affected State whether the proposed
action is consistent with its approved Coastal Zone Management
Program;
(G) an analysis of the economic impact upon other users of
marine resources;
(H) alternatives to the proposed action;
(I) comments and results of consultation with State officials
and public hearings held in the coastal States that are nearest
to the affected areas;
(J) a comprehensive monitoring plan to be carried out by the
applicant to determine the full effect of the disposal on the
marine environment, living resources, or human health, which plan
shall include, but not be limited to, the monitoring of exterior
container radiation samples, the taking of water and sediment
samples, and fish and benthic animal samples, adjacent to the
containers, and the acquisition of such other information as the
Administrator may require; and
(K) such other information which the Administrator may require
in order to determine the full effects of such disposal.

(2) The Administrator shall include, in any permit to which
paragraph (1) applies, such terms and conditions as may be
necessary to ensure that the monitoring plan required under
paragraph (1)(J) is fully implemented, including the analysis by
the Administrator of the samples required to be taken under the
plan.
(3) The Administrator shall submit a copy of the assessment
prepared under paragraph (1) with respect to any permit to the
Committee on Merchant Marine and Fisheries of the House of
Representatives and the Committee on Environment and Public Works
of the Senate.
(4)(A) Upon a determination by the Administrator that a permit to
which this subsection applies should be issued, the Administrator
shall transmit such a recommendation to the House of
Representatives and the Senate.
(B) No permit may be issued by the Administrator under this Act
for the disposal of radioactive materials in the ocean unless the
Congress, by approval of a resolution described in paragraph (D)
within 90 days of continuous session of the Congress beginning on
the date after the date of receipt by the Senate and the House of
Representatives of such recommendation, authorizes the
Administrator to grant a permit to dispose of radioactive material
under this Act.
(C) For purposes of this subsection -
(1) continuity of session of the Congress is broken only by an
adjournment sine die;
(2) the days on which either House is not in session because of
an adjournment of more than three days to a day certain are
excluded in the computation of the 90 day calendar period.

(D) For the purposes of this subsection, the term "resolution"
means a joint resolution, the resolving clause of which is as
follows: "That the House of Representatives and the Senate approve
and authorize the Administrator of the Environmental Protection
Agency to grant a permit to _____ under the Marine Protection,
Research, and Sanctuaries Act of 1972 to dispose of radioactive
materials in the ocean as recommended by the Administrator to the
Congress on _____, 19_."; the first blank space therein to be
filled with the appropriate applicant to dispose of nuclear
material and the second blank therein to be filled with the date on
which the Administrator submits the recommendation to the House of
Representatives and the Senate.

-SOURCE-
(Pub. L. 92-532, title I, Sec. 104, Oct. 23, 1972, 86 Stat. 1056;
Pub. L. 97-424, title IV, Sec. 424(a), Jan. 6, 1983, 96 Stat. 2165;
Pub. L. 100-17, title I, Sec. 133(c)(1), Apr. 2, 1987, 101 Stat.
172; Pub. L. 102-580, title V, Sec. 507, Oct. 31, 1992, 106 Stat.
4869.)

-REFTEXT-
REFERENCES IN TEXT
This Act and the Marine Protection, Research, and Sanctuaries Act
of 1972, referred to in subsec. (i)(4)(B), (D), is Pub. L. 92-532,
Oct. 23, 1972, 86 Stat. 1052, as amended, 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 complete classification of
this Act to the Code, see Short Title note set out under section
1401 of this title and Tables.


-MISC1-
AMENDMENTS
1992 - Subsec. (a). Pub. L. 102-580, Sec. 507(b), inserted at end
"Permits issued under this subchapter shall be issued for a period
of not to exceed 7 years."
Pub. L. 102-580, Sec. 507(a), amended cl. (4) generally. Prior to
amendment, cl. (4) read as follows: "the length of time for which
the permits are valid and their expiration date;".
Subsec. (d). Pub. L. 102-580, Sec. 507(c), inserted ", based upon
monitoring data from the dump site and surrounding area," after
"where he finds".
1987 - Subsec. (i)(4)(D). Pub. L. 100-17 inserted "to _____"
after "grant a permit".
1983 - Subsecs. (h), (i). Pub. L. 97-424 added subsecs. (h) and
(i).


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.

ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES
Committee on Merchant Marine and Fisheries of House of
Representatives abolished and its jurisdiction transferred by House
Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For
treatment of references to Committee on Merchant Marine and
Fisheries, see section 1(b)(3) of Pub. L. 104-14, set out as a note
preceding section 21 of Title 2, The Congress.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1412, 1413 of this title.

-End-



-CITE-
33 USC Sec. 1414a 01/19/04

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

-HEAD-
Sec. 1414a. Special provisions regarding certain dumping sites

-STATUTE-
(a) New York Bight Apex
(1) For purposes of this subsection -
(A) The term "Apex" means the New York Bight Apex consisting of
the ocean waters of the Atlantic Ocean westward of 73 degrees 30
minutes west longitude and northward of 40 degrees 10 minutes
north latitude.
(B) The term "Apex site" means that site within the Apex at
which the dumping of municipal sludge occurred before October 1,
1983.
(C) The term "eligible authority" means any sewerage authority
or other unit of State or local government that on November 2,
1983, was authorized under court order to dump municipal sludge
at the Apex site.

(2) No person may apply for a permit under this subchapter in
relation to the dumping of, or the transportation for purposes of
dumping, municipal sludge within the Apex unless that person is an
eligible authority.
(3) The Administrator may not issue, or renew, any permit under
this subchapter that authorizes the dumping of, or the
transportation for purposes of dumping, municipal sludge within the
Apex after the earlier of -
(A) December 15, 1987; or
(B) the day determined by the Administrator to be the first day
on which municipal sludge generated by eligible authorities can
reasonably be dumped at a site designated under section 1412 of
this title other than a site within the Apex.
(b) Restriction on use of 106-mile site
The Administrator may not issue or renew any permit under this
subchapter which authorizes any person, other than a person that is
an eligible authority within the meaning of subsection (a)(1)(C) of
this section, to dump, or to transport for the purposes of dumping,
municipal sludge within the site designated under section 1412(c)
of this title by the Administrator and known as the "106-Mile Ocean
Waste Dump Site" (as described in 49 F.R. 19005).

-SOURCE-
(Pub. L. 92-532, title I, Sec. 104A, as added Pub. L. 99-662, title
XI, Sec. 1172(b), Nov. 17, 1986, 100 Stat. 4259; Pub. L. 100-4,
title V, Sec. 508(b), Feb. 4, 1987, 101 Stat. 79; Pub. L. 100-688,
title I, Sec. 1002, Nov. 18, 1988, 102 Stat. 4139.)


-MISC1-
AMENDMENTS
1988 - Pub. L. 100-688 repealed the second of two identical
sections 104A of Pub. L. 92-532, both classified to this section
and enacted by Pub. L. 99-662 and Pub. L. 100-4, thereby involving
no change in text.

NEW YORK BIGHT APEX NOT SUITABLE FOR DUMPING
Section 1172(a) of Pub. L. 99-662 provided that: "The Congress
finds that the New York Bight Apex is no longer a suitable location
for the ocean dumping of municipal sludge."
An identical provision was enacted by Pub. L. 100-4, title V,
Sec. 508(a), Feb. 4, 1987, 101 Stat. 79.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1414b of this title.

-End-



-CITE-
33 USC Sec. 1414b 01/19/04

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

-HEAD-
Sec. 1414b. Ocean dumping of sewage sludge and industrial waste

-STATUTE-
(a) Termination of dumping
(1) Prohibitions on dumping
Notwithstanding any other provision of law -
(A) on and after the 270th day after November 18, 1988, no
person (including a person described in section 1414a(a)(1)(C)
of this title) shall dump into ocean waters, or transport for
the purpose of dumping into ocean waters, sewage sludge or
industrial waste, unless such person -
(i) has entered into a compliance agreement or enforcement
agreement which meets the requirements of subsection (c)(2)
or (3) of this section, as applicable; and
(ii) has obtained a permit issued under section 1412 of
this title which authorizes such transportation and dumping;
and

(B) after December 31, 1991, it shall be unlawful for any
person to dump into ocean waters, or to transport for the
purposes of dumping into ocean waters, sewage sludge or
industrial waste.
(2) Prohibition on new entrants
The Administrator shall not issue any permit under this Act
which authorizes a person to dump into ocean waters, or to
transport for the purposes of dumping into ocean waters, sewage
sludge or industrial waste, unless that person was authorized by
a permit issued under section 1412 of this title or by a court
order to dump into ocean waters, or to transport for the purpose
of dumping into ocean waters, sewage sludge or industrial waste
on September 1, 1988.
(b) Special dumping fees
(1) In general
Subject to paragraph (4), any person who dumps into ocean
waters, or transports for the purpose of dumping into ocean
waters, sewage sludge or industrial waste shall be liable for a
fee equal to -
(A) $100 for each dry ton (or equivalent) of sewage sludge or
industrial waste transported or dumped by the person on or
after the 270th day after November 18, 1988, and before January
1, 1990;
(B) $150 for each dry ton (or equivalent) of sewage sludge or
industrial waste transported or dumped by the person on or
after January 1, 1990, and before January 1, 1991; and
(C) $200 for each dry ton (or equivalent) of sewage sludge or
industrial waste transported or dumped by the person on or
after January 1, 1991, and before January 1, 1992.
(2) Payment of fees
Of the amount of fees under paragraph (1) for which a person is
liable, such person -
(A) shall pay into a trust account established by the person
in accordance with subsection (e) of this section a sum equal
to 85 percent of such amount;
(B) shall pay to the Administrator a sum equal to $15 per dry
ton (or equivalent) of sewage sludge and industrial waste
transported or dumped by such person, for use for agency
activities as provided in subsection (f)(1) of this section;
(C) subject to paragraph (5), shall pay into the Clean Oceans
Fund established by the State in which the person is located a
sum equal to 50 percent of the balance of such amount after
application of subparagraphs (A) and (B); and
(D) subject to paragraph (5), shall pay to the State in which
the person is located a sum equal to the balance of such amount
after application of subparagraphs (A), (B), and (C), for
deposit into the water pollution control revolving fund
established by the State under title VI of the Federal Water
Pollution Control Act [33 U.S.C. 1381 et seq.], as provided in
subsection (f)(2) of this section.
(3) Schedule for payment
Fees under this subsection shall be paid on a quarterly basis.
(4) Waiver of fees
(A) The Administrator shall waive all fees under this
subsection, other than the portion of fees required to be paid to
the Administrator under paragraph (2)(B) for agency activities,
for any person who has entered into a compliance agreement which
meets the requirements of subsection (c)(2) of this section.
(B) The Administrator shall reimpose fees under this subsection
for a person for whom such fees are waived under subparagraph (A)
if the Administrator determines that -
(i) the person has failed to comply with the terms of a
compliance agreement which the person entered into under
subsection (c)(2) of this section; and
(ii) such failure is likely to result in the person not being
able to terminate by December 31, 1991, dumping of sewage
sludge or industrial waste into ocean waters.

(C) The Administrator may waive fees reimposed for a person
under subparagraph (B) if the Administrator determines that the
person has returned to compliance with a compliance agreement
which the person entered into under subsection (c)(2) of this
section.
(5) Payments prior to establishment of account
(A) In any case in which a State has not established a Clean
Oceans Fund or a water pollution control revolving fund under
title VI of the Federal Water Pollution Control Act [33 U.S.C.
1381 et seq.], fees required to be paid by a person in that State
under paragraph (2)(C) or (D), as applicable, shall be paid to
the Administrator.
(B) Amounts paid to the Administrator pursuant to this
paragraph shall be held by the Administrator in escrow until the
establishment of the fund into which such amounts are required to
be paid under paragraph (2), or until the last day of the 1-year
period beginning on the date of such payment, whichever is
earlier, and thereafter -
(i) if such fund has been established, shall be paid by the
Administrator into the fund; or
(ii) if such fund has not been established, shall revert to
the general fund of the Treasury.
(c) Compliance agreements and enforcement agreements
(1) In general
As a condition of issuing a permit under section 1412 of this
title which authorizes a person to transport or dump sewage
sludge or industrial waste, the Administrator shall require that,
before the issuance of such permit, the person and the State in
which the person is located enter into with the Administrator -
(A) a compliance agreement which meets the requirements of
paragraph (2); or
(B) an enforcement agreement which meets the requirements of
paragraph (3).
(2) Compliance agreements
An agreement shall be a compliance agreement for purposes of
this section only if -
(A) it includes a plan negotiated by the person, the State in
which the person is located, and the Administrator that will,
in the opinion of the Administrator, if adhered to by the
person in good faith, result in the phasing out and termination
of ocean dumping, and transportation for the purpose of ocean
dumping, of sewage sludge and industrial waste by such person
by not later than December 31, 1991, through the design,
construction, and full implementation of an alternative system
for the management of sewage sludge and industrial waste
transported or dumped by the person;
(B) it includes a schedule which -
(i) in the opinion of the Administrator, specifies
reasonable dates by which the person shall complete the
various activities that are necessary for the timely
implementation of the alternative system referred to in
subparagraph (A); and
(ii) meets the requirements of paragraph (4);

(C) it requires the person to notify in a timely manner the
Administrator and the Governor of the State of any problems the
person has in complying with the schedule referred to in
subparagraph (B);
(D) it requires the Administrator and the Governor of the
State to evaluate on an ongoing basis the compliance of the
person with the schedule referred to in subparagraph (B);
(E) it requires the person to pay in accordance with this
section all fees and penalties the person is liable for under
this section; and
(F) it authorizes the person to use interim measures before
completion of the alternative system referred to in
subparagraph (A).
(3) Enforcement agreements
An agreement shall be an enforcement agreement for purposes of
this section only if -
(A) it includes a plan negotiated by the person, the State in
which the person is located, and the Administrator that will,
in the opinion of the Administrator, if adhered to by the
person in good faith, result in the phasing out and termination
of ocean dumping, and transportation for the purpose of ocean
dumping, of sewage sludge and industrial waste by such person
through the design, construction, and full implementation of an
alternative system for the management of sewage sludge and
industrial waste transported or dumped by the person;
(B) it includes a schedule which -
(i) in the opinion of the Administrator, specifies
reasonable dates by which the person shall complete the
various activities that are necessary for the timely
implementation of the alternative system referred to in
subparagraph (A); and
(ii) meets the requirements of paragraph (4);

(C) it requires the person to notify in a timely manner the
Administrator and the Governor of the State of any problems the
person has in complying with the schedule referred to in
subparagraph (B);
(D) it requires the Administrator and the Governor of the
State to evaluate on an ongoing basis the compliance of the
person with the schedule referred to in subparagraph (B);
(E) it requires the person to pay in accordance with this
section all fees and penalties the person is liable for under
this section; and
(F) it authorizes the person to use interim measures before
completion of the alternative system referred to in
subparagraph (A).
(4) Schedules
A schedule included in a compliance agreement pursuant to
paragraph (2)(B) or an enforcement agreement pursuant to
paragraph (3)(B) shall establish deadlines for -
(A) preparation of engineering designs and related
specifications for the alternative system referred to in
paragraph (2)(A) or paragraph (3)(A), as applicable;
(B) compliance with appropriate Federal, State, and local
statutes, regulations, and ordinances;
(C) site and equipment acquisitions for such alternative
system;
(D) construction and testing of such alternative system;
(E) operation of such alternative system at full capacity;
and
(F) any other activities, including interim measures, that
the Administrator considers necessary or appropriate.
(5) Clean oceans funds
(A) Each State that is a party to a compliance agreement or an
enforcement agreement under this subsection shall establish an
interest bearing account, to be known as a Clean Oceans Fund,
into which a person shall pay fees and penalties in accordance
with subsections (b)(2)(C) and (d)(2)(C)(i) of this section,
respectively.
(B) A State which establishes a Clean Oceans Fund pursuant to
this paragraph shall allocate and pay from the fund each year, to
each person in the State which has entered into a compliance
agreement or enforcement agreement under this subsection, a
portion of amounts in the fund on the last day of that year which
is equal to the sum of -
(i) amounts paid by the person into the fund in that year as
fees pursuant to subsection (b)(2)(C) of this section and as
penalties pursuant to subsection (d)(2)(C)(i) of this section;
(ii) amounts paid by the Administrator into the fund in that
year as fees held in escrow for the person pursuant to
subsection (b)(5)(B) of this section; and
(iii) interest on such amounts.

(C) Amounts allocated and paid to a person pursuant to
subparagraph (B) -
(i) shall be used for the purposes described in subsection
(e)(2)(B) of this section; and
(ii) may be used for matching Federal grants.

(D) A Clean Oceans Fund established by a State pursuant to this
paragraph shall be subject to such accounting, reporting, and
other requirements as may be established by the Administrator to
assure accountability of payments into and out of the fund.
(6) Public participation
The Administrator shall provide an opportunity for public
comment regarding the establishment and implementation of
compliance agreements and enforcement agreements entered into
pursuant to this section.
(d) Penalties
(1) In general
In lieu of any other civil penalty under this Act, any person
who has entered into a compliance agreement or enforcement
agreement under subsection (c) of this section and who dumps or
transports sewage sludge or industrial waste in violation of
subsection (a)(1)(B) of this section shall be liable for a civil
penalty, to be assessed by the Administrator, as follows:
(A) For each dry ton (or equivalent) of sewage sludge or
industrial waste dumped or transported by the person in
violation of this subsection in calendar year 1992, $600.
(B) For each dry ton (or equivalent) of sewage sludge or
industrial waste dumped or transported by the person in
violation of this subsection in any year after calendar year
1992, a sum equal to -
(i) the amount of penalty per dry ton (or equivalent) for a
violation occurring in the preceding calendar year, plus
(ii) a percentage of such amount equal to 10 percent of
such amount, plus an additional 1 percent of such amount for
each full calendar year since December 31, 1991.
(2) Payment of penalty
Of the amount of penalties under paragraph (1) for which a
person is liable, such person -
(A) shall pay into a trust account established by the person
in accordance with subsection (e) of this section a sum which
is a percentage of such amount equal to -
(i) 90 percent of such amount, reduced by
(ii) 5 percent of such amount for each full calendar year
since December 31, 1991;

(B) shall pay to the Administrator a sum equal to $15 per dry
ton (or equivalent) of sewage sludge and industrial waste
transported or dumped by such person in that year, for use for
agency activities as provided in subsection (f)(1) of this
section;
(C) for violations in any year before calendar year 1995 -
(i) subject to paragraph (4), shall pay into the Clean
Oceans Fund established by the State in which the person is
located a sum equal to 50 percent of the balance of such
amount; and
(ii) subject to paragraph (4), shall pay to the State in
which the person is located a sum equal to the portion of
such amount which is not paid as provided in subparagraphs
(A), (B), and (C), for deposit into the water pollution
control revolving fund established by the State under title
VI of the Federal Water Pollution Control Act [33 U.S.C. 1381
et seq.], as provided in subsection (f)(2) of this section;
and

(D) for violations in any year after calendar year 1994,
shall pay to the State in which the person is located a sum
equal to the balance of such amount, for use by the State for
providing assistance under subsection (f)(3) of this section.
(3) Schedule for payment
Penalties under this subsection shall be paid on a quarterly
basis.
(4) Payments prior to establishment of account
In any case in which a State has not established a Clean Oceans
Fund or a water pollution control revolving fund under title VI
of the Federal Water Pollution Control Act, penalties required to
be paid by a person in that State under paragraph (2)(C)(i) or
(ii), as applicable, shall be paid to the Administrator for
holding and payment or reversion, as applicable, in the same
manner as fees are held and paid or revert under subsection
(b)(5) of this section.
(e) Trust account
(1) In general
A person who enters into a compliance agreement or an
enforcement agreement under subsection (c) of this section shall
establish a trust account for the payment and use of fees and
penalties under this section.
(2) Trust account requirements
An account shall be a trust account for purposes of this
subsection only if it meets, to the satisfaction of the
Administrator, the following requirements:
(A) Amounts in the account may be used only with the
concurrence of the person who establishes the account and the
Administrator; except that the person may use amounts in the
account for a purpose authorized by subparagraph (B) after 60
days after notification of the Administrator if the
Administrator does not disapprove such use before the end of
such 60-day period.
(B) Amounts in the account may be used only for projects
which will identify, develop, and implement -
(i) an alternative system, and any interim measures, for
the management of sewage sludge and industrial waste,
including but not limited to any such system or measures
utilizing resource recovery, recycling, thermal reduction, or
composting techniques; or
(ii) improvements in pretreatment, treatment, and storage
techniques for sewage sludge and industrial waste to
facilitate the implementation of such alternative system or
interim measures.

(C) Upon a finding by the Administrator that a person did not
pay fees or penalties into an account as required by this
section, or did not use amounts in the account in accordance
with this subsection, the balance of the amounts in the account
shall be paid to the State in which the person is located, for
deposit into the water pollution control revolving fund
established by the State under title VI of the Federal Water
Pollution Control Act [33 U.S.C. 1381 et seq.], as provided in
subsection (f)(2) of this section.
(3) Use of unexpended amounts
Upon a determination by the Administrator that a person has
terminated ocean dumping of sewage sludge or industrial waste,
the balance of amounts in an account established by the person
under this subsection shall be paid to the person for use -
(A) for debts incurred by the person in complying with this
Act or the Federal Water Pollution Control Act [33 U.S.C. 1251
et seq.];
(B) in meeting the requirements of the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.) which apply to
the person, including operations and maintenance; and
(C) for matching Federal grants.
(4) Use for matching Federal grants
Amounts in a trust account under this subsection may be used
for matching Federal grants.
(f) Use of fees and penalties
(1) Agency activities
Of the total amount of fees and penalties paid to the
Administrator in a fiscal year pursuant to subsections (b)(2)(B)
and (d)(2)(B) of this section, respectively -
(A) not to exceed one-third of such total amount shall be
used by the Administrator for -
(i) costs incurred or expected to be incurred in
undertaking activities directly associated with the issuance
under this Act of permits for the transportation or dumping
of sewage sludge and industrial waste, including the costs of
any environmental assessment of the direct effects of dumping
under the permits;
(ii) preparation of reports under subsection (i) of this
section; and
(iii) such other research, studies, and projects the
Administrator considers necessary for, and consistent with,
the development and implementation of alternative systems for
the management of sewage sludge and industrial waste;

(B) not to exceed one-third of such total amount shall be
transferred to the Secretary of the department in which the
Coast Guard is operating for use for -
(i) Coast Guard surveillance of transportation and dumping
of sewage sludge and industrial waste subject to this Act;
and
(ii) such enforcement activities conducted by the Coast
Guard with respect to such transportation and dumping as may
be necessary to ensure to the maximum extent practicable
complete compliance with the requirements of this Act; and

(C) not to exceed one-third of such total amount shall be
transferred to the Under Secretary of Commerce for Oceans and
Atmosphere for use for -
(i) monitoring, research, and related activities consistent
with the program developed pursuant to subsection (j)(1) of
this section; and
(ii) preparing annual reports to the Congress pursuant to
subsection (j)(4) (!1) of this section which describe the
results of such monitoring, research, and activities.

(2) Deposits into State water pollution control revolving fund
(A) Amounts paid to a State pursuant to subsection (b)(2)(D),
(d)(2)(C)(ii), or (e)(2)(C) of this section shall be deposited
into the water pollution control revolving fund established by
the State pursuant to title VI of the Federal Water Pollution
Control Act [33 U.S.C. 1381 et seq.].
(B) Amounts deposited into a State water pollution control
revolving fund pursuant to this paragraph -
(i) shall not be used by the State to provide assistance to
the person who paid such amounts for development or
implementation of any alternative system;
(ii) shall not be considered to be State matching amounts
under title VI of the Federal Water Pollution Control Act; and
(iii) shall not be subject to State matching requirements
under such title.
(3) Penalty payments to States after 1994
(A) Amounts paid to a State as penalties pursuant to subsection
(d)(2)(D) of this section may be used by the State -
(i) for providing assistance to any person in the State -
(I) for implementing a management program under section 319
of the Federal Water Pollution Control Act [33 U.S.C. 1329];
(II) for developing and implementing a conservation and
management plan under section 320 of such Act [33 U.S.C.
1330]; or
(III) for implementing technologies and management
practices necessary for controlling pollutant inputs
adversely affecting the New York Bight, as such inputs are
identified in the New York Bight Restoration Plan prepared
under section 2301 of the Marine Plastic Pollution Research
and Control Act of 1987; and

(ii) for providing assistance to any person in the State who
was not required to pay such penalties for construction of
treatment works (as defined in section 212 of the Federal Water
Pollution Control Act [33 U.S.C. 1292]) which are publicly
owned.

(B) Amounts paid to a State as penalties pursuant to subsection
(d)(2)(D) of this section which are not used in accordance with
subparagraph (A) shall be deposited into the water pollution
control revolving fund established by the State under title VI of
the Federal Water Pollution Control Act. Amounts deposited into
such a fund pursuant to this subparagraph -
(i) shall not be used by the State to provide assistance to
the person who paid such amounts;
(ii) shall not be considered to be State matching amounts
under title VI of the Federal Water Pollution Control Act; and
(iii) shall not be subject to State matching requirements
under such title.
(4) Deposits into Treasury as offsetting collections
Amounts of fees and penalties paid to the Administrator
pursuant to subsection (b)(2)(B) or (d)(2)(B) of this section
which are used by an agency in accordance with paragraph (1)
shall be deposited into the Treasury as offsetting collections of
the agency.
(g) Enforcement
(1) In general
Whenever, on the basis of any information available, the
Administrator finds that a person is dumping or transporting
sewage sludge or industrial waste in violation of subsection
(a)(1) of this section, the Administrator shall issue an order
requiring such person to terminate such dumping or transporting
(as applicable) until such person -
(A) enters into a compliance agreement or an enforcement
agreement under subsection (c) of this section; and
(B) obtains a permit under section 1412 of this title which
authorizes such dumping or transporting.
(2) Requirements of order
Any order issued by the Administrator under this subsection -
(A) shall be delivered by personal service to the person
named in the order;
(B) shall state with reasonable specificity the nature of the
violation for which the order is issued; and
(C) shall require that the person named in the order, as a
condition of dumping into ocean waters, or transporting for the
purpose of dumping into ocean waters, sewage sludge or
industrial waste -
(i) shall enter into a compliance agreement or an
enforcement agreement under subsection (c) of this section;
and
(ii) shall obtain a permit under section 1412 of this title
which authorizes such dumping or transporting.
(3) Actions
The Administrator may request the Attorney General to commence
a civil action for appropriate relief, including a temporary or
permanent injunction and the imposition of civil penalties
authorized by subsection (d)(1) of this section, for any
violation of subsection (a)(1) of this section or of an order
issued by the Administrator under this section. Such an action
may be brought in the district court of the United States for the
district in which the defendant is located, resides, or is doing
business, and such court shall have jurisdiction to restrain such
violation and require compliance with subsection (a)(1) of this
section and any such order.
(h) State progress reports
(1) In general
The Governor of each State that is a party to a compliance
agreement or an enforcement agreement under subsection (c) of
this section shall submit to the Administrator on September 30 of
1989 and of every year thereafter until the Administrator
determines that ocean dumping of sewage sludge and industrial
waste by persons located in that State has terminated, a report
which describes -
(A) the efforts of each person located in the State to comply
with a compliance agreement or enforcement agreement entered
into by the person pursuant to subsection (c) of this section,
including the extent to which such person has complied with
deadlines established by the schedule included in such
agreement;
(B) activity of the State regarding permits for the
construction and operation of each alternative system; and
(C) an accounting of amounts paid into and withdrawn from a
Clean Oceans Fund established by the State.
(2) Failure to submit report
If a State fails to submit a report in accordance with this
subsection, the Administrator shall withhold funds reserved for
such State under section 205(g) of the Federal Water Pollution
Control Act (33 U.S.C. 1285(g)). Funds withheld pursuant to this (continued)