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(continued)
paragraph may, at the discretion of the Administrator, be
restored to a State upon compliance with this subsection.
(i) EPA progress reports
(1) In general
Not later than December 31 of 1989 and of each year thereafter
until the Administrator determines that ocean dumping of sewage
sludge and industrial waste has terminated, the Administrator
shall prepare and submit to the Congress a report on -
(A) progress being made by persons issued permits under
section 1412 of this title for transportation or dumping of
sewage sludge or industrial waste in developing alternative
systems for managing sewage sludge and industrial waste;
(B) the efforts of each such person 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;
(C) progress being made by the Administrator and others in
identifying and implementing alternative systems for the
management of sewage sludge and industrial waste; and
(D) progress being made toward the termination of ocean
dumping of sewage sludge and industrial waste.
(2) Referral to Congressional committees
Each report submitted to the Congress under this subsection
shall be referred to each standing committee of the House of
Representatives and of the Senate having jurisdiction over any
part of the subject matter of the report.
(j) Environmental monitoring
(1) In general
The Administrator, in cooperation with the Under Secretary of
Commerce for Oceans and Atmosphere, shall design a program for
monitoring environmental conditions -
(A) at the Apex site (as that term is defined in section
1414a of this title);
(B) at the site designated by the Administrator under section
1412(c) of this title and known as the "106-Mile Ocean Waste
Dump Site" (as described in 49 F.R. 19005);
(C) at the site at which industrial waste is dumped; and
(D) within the potential area of influence of the sewage
sludge and industrial waste dumped at those sites.
(2) Program requirements
The program designed under paragraph (1) shall include, but is
not limited to -
(A) sampling of an appropriate number of fish and shellfish
species and other organisms to assess the effects of
environmental conditions on living marine organisms in these
areas; and
(B) use of satellite and other advanced technologies in
conducting the program.
(3) Monitoring activities
The Administrator and the Under Secretary of Commerce for
Oceans and Atmosphere shall each conduct monitoring activities
consistent with the program designed under paragraph (1).
(4) Omitted
(k) Definitions
For purposes of this section -
(1) the term "alternative system" means any method for the
management of sewage sludge or industrial waste which does not
require a permit under this Act;
(2) the term "Clean Oceans Fund" means such a fund established
by a State in accordance with subsection (c)(5) of this section;
(3) the term "excluded material" means -
(A) any dredged material discharged by the United States Army
Corps of Engineers or discharged pursuant to a permit issued by
the Secretary in accordance with section 1413 of this title;
and
(B) any waste from a tuna cannery operation located in
American Samoa or Puerto Rico discharged pursuant to a permit
issued by the Administrator under section 1412 of this title;
(4) the term "industrial waste" means any solid, semisolid, or
liquid waste generated by a manufacturing or processing plant,
other than an excluded material;
(5) the term "interim measure" means any short-term method for
the management of sewage sludge or industrial waste, which -
(A) is used before implementation of an alternative system;
and
(B) does not require a permit under this Act; and
(6) the term "sewage sludge" means any solid, semisolid, or
liquid waste generated by a wastewater treatment plant, other
than an excluded material.
-SOURCE-
(Pub. L. 92-532, title I, Sec. 104B, as added Pub. L. 100-688,
title I, Sec. 1002, Nov. 18, 1988, 102 Stat. 4139.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsecs. (a)(2), (d)(1), (e)(3)(A),
(f)(1)(A)(i), (B), and (k)(1), (5)(B), 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.
The Federal Water Pollution Control Act, referred to in subsecs.
(b)(2)(D), (5)(A), (d)(2)(C)(ii), (4), (e)(2)(C), (3)(A), (B),
(f)(2)(A), (B)(ii), (iii), and (3)(B), 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. Title VI of that Act is classified to
subchapter VI (Sec. 1381 et seq.) of chapter 26 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.
Subsection (j)(4) of this section, referred to in subsec.
(f)(1)(C)(ii), was omitted from the Code. See Codification note
below.
Section 2301 of the Marine Plastic Pollution Research and Control
Act of 1987, referred to in subsec. (f)(3)(A)(i)(III), is section
2301 of Pub. L. 100-220 which is set out as a note under section
2267 of this title.
-COD-
CODIFICATION
Subsec. (j)(4)(A) of this section directed the Administrator, in
cooperation with the Under Secretary of Commerce for Oceans and
Atmosphere, to submit to Congress a report describing the program
designed pursuant to subsec. (j)(1) of this section not later than
one year after Nov. 18, 1988.
Subsec. (j)(4)(B) of this section, which required the
Administrator and the Under Secretary of Commerce for Oceans and
Atmosphere to report annually to Congress on monitoring activities
conducted under the program designed pursuant to subsec. (j)(1) of
this section, terminated, effective May 15, 2000, pursuant to
section 3003 of Pub. L. 104-66, as amended, set out as a note under
section 1113 of Title 31, Money and Finance. See, also, page 148 of
House Document No. 103-7.
-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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1412a, 1414c, 1415 of
this title.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
33 USC Sec. 1414c 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 27 - OCEAN DUMPING
SUBCHAPTER I - REGULATION
-HEAD-
Sec. 1414c. Prohibition on disposal of sewage sludge at landfills
on Staten Island
-STATUTE-
(a) In general
No person shall dispose of sewage sludge at any landfill located
on Staten Island, New York.
(b) Exclusion from penalties
(1) In general
Subject to paragraph (2), a person who violates this section
shall not be subject to any penalty under this Act.
(2) Injunction
Paragraph (1) shall not prohibit the bringing of an action for,
or the granting of, an injunction under section 1415 of this
title with respect to a violation of this section.
(c) "Sewage sludge" defined
For purposes of this section, the term "sewage sludge" has the
meaning such term has in section 1414b of this title.
-SOURCE-
(Pub. L. 92-532, title I, Sec. 104C, as added Pub. L. 100-688,
title I, Sec. 1005, Nov. 18, 1988, 102 Stat. 4150.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsec. (b)(1), 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.
-End-
-CITE-
33 USC Sec. 1415 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 27 - OCEAN DUMPING
SUBCHAPTER I - REGULATION
-HEAD-
Sec. 1415. Penalties
-STATUTE-
(a) Assessment of civil penalty by Administrator; remission or
mitigation; court action for appropriate relief
Any person who violates any provision of this subchapter, or of
the regulations promulgated under this subchapter, or a permit
issued under this subchapter shall be liable to a civil penalty of
not more than $50,000 for each violation to be assessed by the
Administrator. In addition, any person who violates this subchapter
or any regulation issued under this subchapter by engaging in
activity involving the dumping of medical waste shall be liable for
a civil penalty of not more than $125,000 for each violation, to be
assessed by the Administrator after written notice and an
opportunity for a hearing. No penalty shall be assessed until the
person charged shall have been given notice and an opportunity for
a hearing of such violation. In determining the amount of the
penalty, the gravity of the violation, prior violations, and the
demonstrated good faith of the person charged in attempting to
achieve rapid compliance after notification of a violation shall be
considered by said Administrator. For good cause shown, the
Administrator may remit or mitigate such penalty. Upon failure of
the offending party to pay the penalty, the Administrator may
request the Attorney General to commence an action in the
appropriate district court of the United States for such relief as
may be appropriate.
(b) Criminal penalties
In addition to any action that may be brought under subsection
(a) of this section -
(1) any person who knowingly violates any provision of this
subchapter, any regulation promulgated under this subchapter, or
a permit issued under this subchapter, shall be fined under title
18 or imprisoned for not more than 5 years, or both; and
(2) any person who is convicted of such a violation pursuant to
paragraph (1) shall forfeit to the United States -
(A) any property constituting or derived from any proceeds
that the person obtained, directly or indirectly, as a result
of such violation; and
(B) any of the property of the person which was used, or
intended to be used in any manner or part, to commit or to
facilitate the commission of the violation.
(c) Separate offenses
For the purpose of imposing civil penalties and criminal fines
under this section, each day of a continuing violation shall
constitute a separate offense as shall the dumping from each of
several vessels, or other sources.
(d) Injunctive relief
The Attorney General or his delegate may bring actions for
equitable relief to enjoin an imminent or continuing violation of
this subchapter, of regulations promulgated under this subchapter,
or of permits issued under this subchapter, and the district courts
of the United States shall have jurisdiction to grant such relief
as the equities of the case may require.
(e) Liability of vessels in rem
A vessel, except a public vessel within the meaning of section 13
of the Federal Water Pollution Control Act, as amended, used in a
violation, shall be liable in rem for any civil penalty assessed or
criminal fine imposed and may be proceeded against in any district
court of the United States having jurisdiction thereof; but no
vessel shall be liable unless it shall appear that one or more of
the owners, or bareboat charterers, was at the time of the
violation a consenting party or privy to such violation.
(f) Revocation and suspension of permits
If the provisions of any permit issued under section 1412 or 1413
of this title are violated, the Administrator or the Secretary, as
the case may be, may revoke the permit or may suspend the permit
for a specified period of time. No permit shall be revoked or
suspended unless the permittee shall have been given notice and
opportunity for a hearing on such violation and proposed suspension
or revocation.
(g) Civil suits by private persons
(1) Except as provided in paragraph (2) of this subsection any
person may commence a civil suit on his own behalf to enjoin any
person, including the United States and any other governmental
instrumentality or agency (to the extent permitted by the eleventh
amendment to the Constitution), who is alleged to be in violation
of any prohibition, limitation, criterion, or permit established or
issued by or under this subchapter. The district courts shall have
jurisdiction, without regard to the amount in controversy or the
citizenship of the parties, to enforce such prohibition,
limitation, criterion, or permit, as the case may be.
(2) No action may be commenced -
(A) prior to sixty days after notice of the violation has been
given to the Administrator or to the Secretary, and to any
alleged violator of the prohibition, limitation, criterion, or
permit; or
(B) if the Attorney General has commenced and is diligently
prosecuting a civil action in a court of the United States to
require compliance with the prohibition, limitation, criterion,
or permit; or
(C) if the Administrator has commenced action to impose a
penalty pursuant to subsection (a) of this section, or if the
Administrator, or the Secretary, has initiated permit revocation
or suspension proceedings under subsection (f) of this section;
or
(D) if the United States has commenced and is diligently
prosecuting a criminal action in a court of the United States or
a State to redress a violation of this subchapter.
(3)(A) Any suit under this subsection may be brought in the
judicial district in which the violation occurs.
(B) In any such suit under this subsection in which the United
States is not a party, the Attorney General, at the request of the
Administrator or Secretary, may intervene on behalf of the United
States as a matter of right.
(4) The court, in issuing any final order in any suit brought
pursuant to paragraph (1) of this subsection may award costs of
litigation (including reasonable attorney and expert witness fees)
to any party, whenever the court determines such award is
appropriate.
(5) The injunctive relief provided by this subsection shall not
restrict any right which any person (or class of persons) may have
under any statute or common law to seek enforcement of any standard
or limitation or to seek any other relief (including relief against
the Administrator, the Secretary, or a State agency).
(h) Emergencies
No person shall be subject to a civil penalty or to a criminal
fine or imprisonment for dumping materials from a vessel if such
materials are dumped in an emergency to safeguard life at sea. Any
such emergency dumping shall be reported to the Administrator under
such conditions as he may prescribe.
(i) Seizure and forfeiture
(1) In general
Any vessel used to commit an act for which a penalty is imposed
under subsection (b) of this section shall be subject to seizure
and forfeiture to the United States under procedures established
for seizure and forfeiture of conveyances under sections 853 and
881 of title 21.
(2) Limitation on application
This subsection does not apply to an act committed
substantially in accordance with a compliance agreement or
enforcement agreement entered into by the Administrator under
section 1414b(c) of this title.
-SOURCE-
(Pub. L. 92-532, title I, Sec. 105, Oct. 23, 1972, 86 Stat. 1057;
Pub. L. 100-688, title III, Sec. 3201(c), (d), Nov. 18, 1988, 102
Stat. 4153; Pub. L. 102-580, title V, Sec. 508, Oct. 31, 1992, 106
Stat. 4869.)
-REFTEXT-
REFERENCES IN TEXT
Section 13 of the Federal Water Pollution Control Act, referred
to in subsec. (e), is section 13 of act June 30, 1948, ch. 758, as
added by act Apr. 3, 1970, Pub. L. 91-224, title I, Sec. 102, 84
Stat. 100, which was classified to section 1163 of this title and
was superseded by Pub. L. 92-500, Oct. 18, 1972, 86 Stat. 816. See
section 1322 of this title.
-MISC1-
AMENDMENTS
1992 - Subsec. (b). Pub. L. 102-580, Sec. 508(a), amended subsec.
(b) generally. Prior to amendment, subsec. (b) read as follows:
"(1) In addition to any action which may be brought under
subsection (a) of this section, a person who knowingly violates
this subchapter, regulations promulgated under this subchapter, or
a permit issued under this subchapter shall be fined not more than
$50,000, or imprisoned for not more than one year, or both.
"(2) In addition to any action which may be brought under
subsection (a) of this section, any person -
"(A) who knowingly violates any provision of this subchapter by
engaging in activity involving the dumping into ocean waters of
medical waste shall upon conviction be fined not more than
$250,000, or imprisoned for not more than 5 years, or both; and
"(B) convicted of a violation involving such activity shall
forfeit to the United States any property constituting or derived
from any proceeds the person obtained, directly or indirectly, as
a result of such violation, and any of the property of the person
which was used, or intended to be used in any manner or part, to
commit or to facilitate the commission of the violation."
Subsec. (i). Pub. L. 102-508, Sec. 508(b), added subsec. (i).
1988 - Subsec. (a). Pub. L. 100-688, Sec. 3201(c), inserted
provisions relating to civil penalty of not more than $125,000 for
engaging in activity involving dumping of medical waste.
Subsec. (b). Pub. L. 100-688, Sec. 3201(d), designated existing
provisions as par. (1) and added par. (2).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1414c of this title.
-End-
-CITE-
33 USC Sec. 1416 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 27 - OCEAN DUMPING
SUBCHAPTER I - REGULATION
-HEAD-
Sec. 1416. Relationship to other laws
-STATUTE-
(a) Voiding of preexisting licenses
After the effective date of this subchapter, all licenses,
permits, and authorizations other than those issued pursuant to
this subchapter shall be void and of no legal effect, to the extent
that they purport to authorize any activity regulated by this
subchapter, and whether issued before or after the effective date
of this subchapter.
(b) Actions under authority of Rivers and Harbors Act
The provisions of subsection (a) of this section shall not apply
to actions taken before the effective date of this subchapter under
the authority of the Rivers and Harbors Act of 1899 (30 Stat.
1151), as amended (33 U.S.C. 401 et seq.).
(c) Impairment of navigation
Prior to issuing any permit under this subchapter, if it appears
to the Administrator that the disposition of material, other than
dredged material, may adversely affect navigation in the
territorial sea of the United States, or in the approaches to any
harbor of the United States, or may create an artificial island on
the Outer Continental Shelf, the Administrator shall consult with
the Secretary and no permit shall be issued if the Secretary
determines that navigation will be unreasonably impaired.
(d) State programs
(1) State rights preserved
Except as expressly provided in this subsection, nothing in
this subchapter shall preclude or deny the right of any State to
adopt or enforce any requirements respecting dumping of materials
into ocean waters within the jurisdiction of the State.
(2) Federal projects
In the case of a Federal project, a State may not adopt or
enforce a requirement that is more stringent than a requirement
under this subchapter if the Administrator finds that such
requirement -
(A) is not supported by relevant scientific evidence showing
the requirement to be protective of human health, aquatic
resources, or the environment;
(B) is arbitrary or capricious; or
(C) is not applicable or is not being applied to all projects
without regard to Federal, State, or private participation and
the Secretary of the Army concurs in such finding.
(3) Exemption from State requirements
The President may exempt a Federal project from any State
requirement respecting dumping of materials into ocean waters if
it is in the paramount interest of the United States to do so.
(4) Consideration of site of origin prohibited
Any requirement respecting dumping of materials into ocean
waters applied by a State shall be applied without regard to the
site of origin of the material to be dumped.
(e) Existing conservation programs not affected
Nothing in this subchapter shall be deemed to affect in any
manner or to any extent any provision of the Fish and Wildlife
Coordination Act as amended (16 U.S.C. 661-666c).
(f) Dumping of dredged material in Long Island Sound from any
Federal, etc., project
In addition to other provisions of law and not withstanding the
specific exclusion relating to dredged material in the first
sentence in section 1412(a) of this title, the dumping of dredged
material in Long Island Sound from any Federal project (or pursuant
to Federal authorization) or from a dredging project by a
non-Federal applicant exceeding 25,000 cubic yards shall comply
with the requirements of this subchapter.
(g) Savings clause
Nothing in this Act shall restrict, affect or modify the rights
of any person (1) to seek damages or enforcement of any standard or
limitation under State law, including State common law, or (2) to
seek damages under other Federal law, including maritime tort law,
resulting from noncompliance with any requirement of this Act or
any permit under this Act.
-SOURCE-
(Pub. L. 92-532, title I, Sec. 106, Oct. 23, 1972, 86 Stat. 1058;
Pub. L. 96-572, Sec. 4, Dec. 22, 1980, 94 Stat. 3345; Pub. L.
99-499, title I, Sec. 127(d), Oct. 17, 1986, 100 Stat. 1693; Pub.
L. 101-596, title II, Sec. 203, Nov. 16, 1990, 104 Stat. 3006; Pub.
L. 102-580, title V, Sec. 505, Oct. 31, 1992, 106 Stat. 4867.)
-REFTEXT-
REFERENCES IN TEXT
The effective date of this subchapter, referred to in subsecs.
(a) and (b), means the effective date of title I of Pub. L. 92-532,
which is six months after Oct. 23, 1972. See section 110(a) of Pub.
L. 92-532, set out as an Effective Date note under section 1411 of
this title.
The Rivers and Harbors Act of 1899, referred to in subsec. (b),
is act Mar. 3, 1899, ch. 425, 30 Stat. 1151, as amended, which
enacted sections 401, 403, 404, 406 to 409, 411 to 416, 418, 502,
549, 686, and 687 of this title. For complete classification of
this Act to the Code, see Tables.
The Fish and Wildlife Coordination Act referred to in subsec.
(e), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, as amended, which
is classified generally to sections 661 to 666c of Title 16,
Conservation. For complete classification of this Act to the Code,
see Short Title note set out under section 661 of Title 16 and
Tables.
This Act, referred to in subsec. (g), 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.
-MISC1-
AMENDMENTS
1992 - Subsec. (d). Pub. L. 102-580 amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows: "After
the effective date of this subchapter, no State shall adopt or
enforce any rule or regulation relating to any activity regulated
by this subchapter. Any State may, however, propose to the
Administrator criteria relating to the dumping of materials into
ocean waters within its jurisdiction, or into other ocean waters to
the extent that such dumping may affect waters within the
jurisdiction of such State, and if the Administrator determines,
after notice and opportunity for hearing, that the proposed
criteria are not inconsistent with the purposes of this subchapter,
may adopt those criteria and may issue regulations to implement
such criteria. Such determination shall be made by the
Administrator within one hundred and twenty days of receipt of the
proposed criteria. For the purposes of this subsection, the term
'State' means any State, interstate or regional authority, Federal
territory or Commonwealth or the District of Columbia."
1990 - Subsec. (f). Pub. L. 101-596, which directed the
substitution of "the requirements of this subchapter" for all after
"shall comply with" in "subsection 116(g) of the Marine Protection
Research and Sanctuaries Act (33 U.S.C. 1416(g))", was executed by
making the substitution for "the criteria established pursuant to
the second sentence of section 1412(a) of this title relating to
the effects of dumping. Subsection (d) of this section shall not
apply to this subsection." which followed "shall comply with" in
section 106(f) of the Marine Protection Research and Sanctuaries
Act of 1972, which is classified to subsec. (f) of this section, to
reflect the probable intent of Congress.
1986 - Subsec. (g). Pub. L. 99-499 added subsec. (g).
1980 - Subsec. (f). Pub. L. 96-572 added subsec. (f).
-EXEC-
TERRITORIAL SEA OF UNITED STATES
For extension of territorial sea of United States, see Proc. No.
5928, set out as a note under section 1331 of Title 43, Public
Lands.
-End-
-CITE-
33 USC Sec. 1417 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 27 - OCEAN DUMPING
SUBCHAPTER I - REGULATION
-HEAD-
Sec. 1417. Enforcement
-STATUTE-
(a) Utilization of other departments, agencies, and
instrumentalities
The Administrator or the Secretary, as the case may be, may,
whenever appropriate, utilize by agreement, the personnel, services
and facilities of other Federal departments, agencies, and
instrumentalities, or State agencies or instrumentalities, whether
on a reimbursable or a nonreimbursable basis, in carrying out his
responsibilities under this subchapter.
(b) Delegation of review and evaluation authority
The Administrator or the Secretary may delegate responsibility
and authority for reviewing and evaluating permit applications,
including the decision as to whether a permit will be issued, to an
officer of his agency, or he may delegate, by agreement, such
responsibility and authority to the heads of other Federal
departments or agencies, whether on a reimbursable or
nonreimbursable basis.
(c) Surveillance and other enforcement activity
The Secretary of the department in which the Coast Guard is
operating shall conduct surveillance and other appropriate
enforcement activity to prevent unlawful transportation of material
for dumping, or unlawful dumping. Such enforcement activity shall
include, but not be limited to, enforcement of regulations issued
by him pursuant to section 1418 of this title, relating to safe
transportation, handling, carriage, storage, and stowage. The
Secretary of the Department in which the Coast Guard is operating
shall supply to the Administrator and to the Attorney General, as
appropriate, such information of enforcement activities and such
evidentiary material assembled as they may require in carrying out
their duties relative to penalty assessments, criminal
prosecutions, or other actions involving litigation pursuant to the
provisions of this subchapter.
-SOURCE-
(Pub. L. 92-532, title I, Sec. 107, Oct. 23, 1972, 86 Stat. 1059.)
-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.
-End-
-CITE-
33 USC Sec. 1418 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 27 - OCEAN DUMPING
SUBCHAPTER I - REGULATION
-HEAD-
Sec. 1418. Regulations
-STATUTE-
In carrying out the responsibilities and authority conferred by
this subchapter, the Administrator, the Secretary, and the
Secretary of the department in which the Coast Guard is operating
are authorized to issue such regulations as they may deem
appropriate.
-SOURCE-
(Pub. L. 92-532, title I, Sec. 108, Oct. 23, 1972, 86 Stat. 1059.)
-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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1411, 1417 of this title.
-End-
-CITE-
33 USC Sec. 1419 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 27 - OCEAN DUMPING
SUBCHAPTER I - REGULATION
-HEAD-
Sec. 1419. International cooperation
-STATUTE-
The Secretary of State, in consultation with the Administrator,
shall seek effective international action and cooperation to insure
protection of the marine environment, and may, for this purpose,
formulate, present, or support specific proposals in the United
Nations and other component international organizations for the
development of appropriate international rules and regulations in
support of the policy of this Act.
-SOURCE-
(Pub. L. 92-532, title I, Sec. 109, Oct. 23, 1972, 86 Stat. 1060.)
-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.
-End-
-CITE-
33 USC Sec. 1420 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 27 - OCEAN DUMPING
SUBCHAPTER I - REGULATION
-HEAD-
Sec. 1420. Authorization of appropriations
-STATUTE-
There are authorized to be appropriated, for purposes of carrying
out this subchapter, not to exceed $12,000,000 for fiscal year 1993
and not to exceed $14,000,000 for each of the fiscal years 1994,
1995, 1996, and 1997, to remain available until expended.
-SOURCE-
(Pub. L. 92-532, title I, Sec. 111, Oct. 23, 1972, 86 Stat. 1060;
Pub. L. 93-472, Oct. 26, 1974, 88 Stat. 1430; Pub. L. 94-62, Sec.
1, July 25, 1975, 89 Stat. 303; Pub. L. 94-326, Sec. 1, June 30,
1976, 90 Stat. 725; Pub. L. 95-153, Sec. 1, Nov. 4, 1977, 91 Stat.
1255; Pub. L. 96-572, Sec. 1, Dec. 22, 1980, 94 Stat. 3344; Pub. L.
97-16, June 23, 1981, 95 Stat. 100; Pub. L. 100-536, Oct. 28, 1988,
102 Stat. 2710; Pub. L. 102-580, title V, Sec. 509(a), Oct. 31,
1992, 106 Stat. 4870.)
-MISC1-
AMENDMENTS
1992 - Pub. L. 102-580 substituted "for fiscal year 1993 and not
to exceed $14,000,000 for each of the fiscal years 1994, 1995,
1996, and 1997, to remain available until expended" for "for each
of fiscal years 1989, 1990, and 1991".
1988 - Pub. L. 100-536 amended section generally, substituting
provisions authorizing appropriations not to exceed $12,000,000 for
each of fiscal years 1989, 1990, and 1991, for provisions
authorizing appropriations for fiscal years 1973 to 1982.
1981 - Pub. L. 97-16 increased to $4,213,000 from $2,000,000 the
authorization of appropriation for fiscal year 1982.
1980 - Pub. L. 96-572 inserted provisions authorizing
appropriations for fiscal years 1980, 1981, and 1982.
1977 - Pub. L. 95-153 inserted provision authorizing
appropriations not to exceed $4,800,000 for fiscal year 1978.
1976 - Pub. L. 94-326 inserted provision authorizing
appropriations not to exceed $4,800,000 for fiscal year 1977.
1975 - Pub. L. 94-62 substituted "not to exceed $5,500,000 for
each of the fiscal years 1974 and 1975" for "and not to exceed
$5,500,000 for fiscal years 1974 and 1975", and inserted provisions
authorizing appropriation of an amount not to exceed $5,300,000 for
fiscal year 1976, and not to exceed $1,325,000 for the transition
period (July 1 through Sept. 30, 1976).
1974 - Pub. L. 93-472 substituted "fiscal years 1974 and 1975,"
for "fiscal year 1974,".
-End-
-CITE-
33 USC Sec. 1421 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 27 - OCEAN DUMPING
SUBCHAPTER I - REGULATION
-HEAD-
Sec. 1421. Omitted
-COD-
CODIFICATION
Section, Pub. L. 92-532, title I, Sec. 112, Oct. 23, 1972, 86
Stat. 1060; Pub. L. 94-326, Sec. 2, June 30, 1976, 90 Stat. 725;
Pub. L. 96-470, title II, Sec. 209(f), Oct. 19, 1980, 94 Stat.
2245; Pub. L. 102-580, title V, Sec. 510, Oct. 31, 1992, 106 Stat.
4870, which required the Administrator of the Environmental
Protection Agency to report annually to Congress on the
administration of this subchapter, terminated, effective May 15,
2000, pursuant to section 3003 of Pub. L. 104-66, as amended, set
out as a note under section 1113 of Title 31, Money and Finance.
See, also, page 163 of House Document No. 103-7.
-End-
-CITE-
33 USC SUBCHAPTER II - RESEARCH 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 27 - OCEAN DUMPING
SUBCHAPTER II - RESEARCH
-HEAD-
SUBCHAPTER II - RESEARCH
-End-
-CITE-
33 USC Sec. 1441 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 27 - OCEAN DUMPING
SUBCHAPTER II - RESEARCH
-HEAD-
Sec. 1441. Monitoring and research program
-STATUTE-
The Secretary of Commerce, in coordination with the Secretary of
the Department in which the Coast Guard is operating and with the
Administrator shall, within six months of October 23, 1972,
initiate a comprehensive and continuing program of monitoring and
research regarding the effects of the dumping of material into
ocean waters or other coastal waters where the tide ebbs and flows
or into the Great Lakes or their connecting waters.
-SOURCE-
(Pub. L. 92-532, title II, Sec. 201, Oct. 23, 1972, 86 Stat. 1060;
Pub. L. 99-272, title VI, Sec. 6061, Apr. 7, 1986, 100 Stat. 131.)
-MISC1-
AMENDMENTS
1986 - Pub. L. 99-272 struck out provision which had required the
Secretary of Commerce to report from time to time, not less
frequently than annually, his findings under this section
(including an evaluation of the short-term ecological effects and
the social and economic factors involved) to the Congress.
-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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1444 of this title.
-End-
-CITE-
33 USC Sec. 1442 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 27 - OCEAN DUMPING
SUBCHAPTER II - RESEARCH
-HEAD-
Sec. 1442. Research program respecting possible long-range effects
of pollution, overfishing, and man-induced changes of ocean
ecosystems
-STATUTE-
(a) Secretary of Commerce
(1) The Secretary of Commerce, in close consultation with other
appropriate Federal departments, agencies, and instrumentalities
shall, within six months of October 23, 1972, initiate a
comprehensive and continuing program of research with respect to
the possible long-range effects of pollution, overfishing, and
man-induced changes of ocean ecosystems. These responsibilities
shall include the scientific assessment of damages to the natural
resources from spills of petroleum or petroleum products. In
carrying out such research, the Secretary of Commerce shall take
into account such factors as existing and proposed international
policies affecting oceanic problems, economic considerations
involved in both the protection and the use of the oceans, possible
alternatives to existing programs, and ways in which the health of
the oceans may best be preserved for the benefit of succeeding
generations of mankind.
(2) The Secretary of Commerce shall ensure that the program under
this section complements, when appropriate, the activities
undertaken by other Federal agencies pursuant to subchapter I of
this chapter and section 1443 of this title. That program shall
include but not be limited to -
(A) the development and assessment of scientific techniques to
define and quantify the degradation of the marine environment;
(B) the assessment of the capacity of the marine environment to
receive materials without degradation;
(C) continuing monitoring programs to assess the health of the
marine environment, including but not limited to the monitoring
of bottom oxygen concentrations, contaminant levels in biota,
sediments, and the water column, diseases in fish and shellfish,
and changes in types and abundance of indicator species;
(D) the development of methodologies, techniques, and equipment
for disposal of waste materials to minimize degradation of the
marine environment.
(3) The Secretary of Commerce shall ensure that the comprehensive
and continuing research program conducted under this subsection is
consistent with the comprehensive plan for ocean pollution research
and development and monitoring prepared under section 1703 (!1) of
this title.
(b) Action with other nations
In carrying out his responsibilities under this section, the
Secretary of Commerce, under the foreign policy guidance of the
President and pursuant to international agreements and treaties
made by the President with the advice and consent of the Senate,
may act alone or in conjunction with any other nation or group of
nations, and shall make known the results of his activities by such
channels of communication as may appear appropriate.
(c) Cooperation of other departments, agencies, and independent
instrumentalities
Each department, agency, and independent instrumentality of the
Federal Government is authorized and directed to cooperate with the
Secretary of Commerce in carrying out the purposes of this section
and, to the extent permitted by law, to furnish such information as
may be requested.
(d) Utilization of personnel, services, and facilities;
inter-agency agreements
The Secretary of Commerce, in carrying out his responsibilities
under this section, shall, to the extent feasible utilize the
personnel, services, and facilities of other Federal departments,
agencies, and instrumentalities (including those of the Coast Guard
for monitoring purposes), and is authorized to enter into
appropriate inter-agency agreements to accomplish this action.
-SOURCE-
(Pub. L. 92-532, title II, Sec. 202, Oct. 23, 1972, 86 Stat. 1060;
Pub. L. 94-62, Sec. 2, July 25, 1975, 89 Stat. 303; Pub. L. 96-381,
Sec. 3, Oct. 6, 1980, 94 Stat. 1524; Pub. L. 96-470, title II, Sec.
201(f), Oct. 19, 1980, 94 Stat. 2242; Pub. L. 99-272, title VI,
Sec. 6062, Apr. 7, 1986, 100 Stat. 131; Pub. L. 100-627, title I,
Sec. 101, Nov. 7, 1988, 102 Stat. 3213.)
-REFTEXT-
REFERENCES IN TEXT
Section 1703 of this title, referred to in subsec. (a)(3), was
repealed by Pub. L. 102-567, title II, Sec. 204, Oct. 29, 1992, 106
Stat. 4282.
-MISC1-
AMENDMENTS
1988 - Subsec. (a)(3). Pub. L. 100-627 added par. (3).
1986 - Subsec. (a). Pub. L. 99-272, Sec. 6062(1)-(3), designated
existing provisions as par. (1), substituted "in close
consultation" for "in consultation", and added par. (2).
Subsec. (c). Pub. L. 99-272, Sec. 6062(4), redesignated subsec.
(d) as (c), and struck out former subsec. (c) which required the
Secretary of Commerce to make an annual report to Congress, in
March of each year, on the results of activities undertaken by him
pursuant to this section during the previous fiscal year, and to
include in that report the report to Congress required by section
665 of title 16 on activities of the Department of Commerce under
that section.
Subsecs. (d), (e). Pub. L. 99-272, Sec. 6062(4), redesignated
subsec. (e) as (d). Former subsec. (d) redesignated (c).
1980 - Subsec. (a). Pub. L. 96-381 inserted provision including
within the responsibilities of the Secretary the scientific
assessment of damages to natural resources from spills of petroleum
or petroleum products.
Subsec. (c). Pub. L. 96-470 inserted provision requiring the
Secretary to include in his annual report the report on activities
of the Department of Commerce under section 665 of title 16.
1975 - Subsec. (c). Pub. L. 94-62 substituted "March" for
"January".
-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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1444 of this title.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
33 USC Sec. 1443 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 27 - OCEAN DUMPING
SUBCHAPTER II - RESEARCH
-HEAD-
Sec. 1443. Research program respecting ocean dumping and other
methods of waste disposal
-STATUTE-
(a) Cooperation with public authorities, agencies, and
institutions, private agencies and institutions, and individuals
The Administrator of the Environmental Protection Agency shall -
(1) conduct research, investigations, experiments, training,
demonstrations, surveys, and studies for the purpose of -
(A) determining means of minimizing or ending, as soon as
possible after October 6, 1980, the dumping into ocean waters,
or waters described in section 1411(b) of this title, of
material which may unreasonably degrade or endanger human
health, welfare, or amenities, or the marine environment,
ecological systems, or economic potentialities, and
(B) developing disposal methods as alternatives to the
dumping described in subparagraph (A); and
(2) encourage, cooperate with, promote the coordination of, and
render financial and other assistance to appropriate public
authorities, agencies, and institutions (whether Federal, State,
interstate, or local) and appropriate private agencies,
institutions, and individuals in the conduct of research and
other activities described in paragraph (1).
(b) Termination date for ocean dumping of sewage sludge not
affected
Nothing in this section shall be construed to affect in any way
the December 31, 1981, termination date, established in section
1412a of this title, for the ocean dumping of sewage sludge.
(c) Regional management plans for waste disposal
The Administrator, in cooperation with the Secretary, the
Secretary of Commerce, and other officials of appropriate Federal,
State, and local agencies, shall assess the feasibility in coastal
areas of regional management plans for the disposal of waste
materials. Such plans should integrate where appropriate Federal,
State, regional, and local waste disposal activities into a
comprehensive regional disposal strategy. These plans should
address, among other things -
(1) the sources, quantities, and types of materials that
require and will require disposal;
(2) the environmental, economic, social, and human health
factors (and the methods used to assess these factors) associated
with disposal alternatives;
(3) the improvements in production processes, methods of
disposal, and recycling to reduce the adverse effects associated
with such disposal alternatives;
(4) the applicable laws and regulations governing waste
disposal; and
(5) improvements in permitting processes to reduce
administrative burdens.
(d) Report on sewage disposal in New York metropolitan area
The Administrator, in cooperation with the Secretary of Commerce,
shall submit to the Congress and the President, not later than one
year after April 7, 1986, a report on sewage sludge disposal in the
New York City metropolitan region. The report shall -
(1) consider thefactors listed in subsection (c) of this (continued)