Browse Arkansas Code titles and sections
33 U.S.C. § 1272 — Environmental dredging
Federal law — U.S. Code and appendices · legal_authorities
**(a) Operation and maintenance of navigation projects** Whenever necessary to meet the requirements of the Federal Water Pollution Control Act [[33 U.S.C. 1251](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1251&num=0&edition=prelim) et seq.], the Secretary, in consultation with the Administrator of the Environmental Protection Agency, may remove and remediate, as part of operation and maintenance of a navigation project, contaminated sediments outside the boundaries of and adjacent to the navigation channel.
**(b) Nonproject specific**
(1) **In general** — The Secretary may remove and remediate contaminated sediments from the navigable waters of the United States for the purpose of environmental enhancement and water quality improvement if such removal and remediation is requested by a non-Federal sponsor and the sponsor agrees to pay 35 percent of the cost of such removal and remediation.
(2) **Maximum amount** — The Secretary may not expend more than $50,000,000 in a fiscal year to carry out this subsection.
**(c) Joint plan requirement** The Secretary may only remove and remediate contaminated sediments under subsection (b) in accordance with a joint plan developed by the Secretary and interested Federal, State, and local government officials. Such plan must include an opportunity for public comment, a description of the work to be undertaken, the method to be used for dredged material disposal, the roles and responsibilities of the Secretary and non-Federal sponsors, and identification of sources of funding.
**(d) Disposal costs** Costs of disposal of contaminated sediments removed under this section shall be a 11 So in original. The word “a” probably should not appear. shared as a cost of construction.
**(e) Limitation on statu
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Source location: Title 33, Chapter 26, § 1272; chapter-026-water-pollution-prevention-and-control.md
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**(a) Operation and maintenance of navigation projects** Whenever necessary to meet the requirements of the Federal Water Pollution Control Act [[33 U.S.C. 1251](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1251&num=0&edition=prelim) et seq.], the Secretary, in consultation with the Administrator of the Environmental Protection Agency, may remove and remediate, as part of operation and maintenance of a navigation project, contaminated sediments outside the boundaries of and adjacent to the navigation channel.
**(b) Nonproject specific**
(1) **In general** — The Secretary may remove and remediate contaminated sediments from the navigable waters of the United States for the purpose of environmental enhancement and water quality improvement if such removal and remediation is requested by a non-Federal sponsor and the sponsor agrees to pay 35 percent of the cost of such removal and remediation.
(2) **Maximum amount** — The Secretary may not expend more than $50,000,000 in a fiscal year to carry out this subsection.
**(c) Joint plan requirement** The Secretary may only remove and remediate contaminated sediments under subsection (b) in accordance with a joint plan developed by the Secretary and interested Federal, State, and local government officials. Such plan must include an opportunity for public comment, a description of the work to be undertaken, the method to be used for dredged material disposal, the roles and responsibilities of the Secretary and non-Federal sponsors, and identification of sources of funding.
**(d) Disposal costs** Costs of disposal of contaminated sediments removed under this section shall be a 11 So in original. The word “a” probably should not appear. shared as a cost of construction.
**(e) Limitation on statutory construction** Nothing in this section shall be construed to affect the rights and responsibilities of any person under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 [[42 U.S.C. 9601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9601&num=0&edition=prelim) et seq.].
**(f) Priority work** In carrying out this section, the Secretary shall give priority to work in the following areas:
(1) Brooklyn Waterfront, New York.
(2) Buffalo Harbor and River, New York.
(3) Ashtabula River, Ohio.
(4) Mahoning River, Ohio.
(5) Lower Fox River, Wisconsin.
(6) Passaic River and Newark Bay, New Jersey.
(7) Snake Creek, Bixby, Oklahoma.
(8) Willamette River, Oregon.
**(g) Nonprofit entities** Notwithstanding [section 1962d–5b of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1962d–5b&num=0&edition=prelim), for any project carried out under this section, a non-Federal sponsor may include a nonprofit entity, with the consent of the affected local government.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Restoration and maintenance of chemical, physical and biological integrity of Nation’s waters; national goals for achievement of objective** The objective of this chapter is to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters. In order to achieve this objective it is hereby declared that, consistent with the provisions of this chapter—
(1) it is the national goal that the discharge of pollutants into the navigable waters be eliminated by 1985;
(2) it is the national goal that wherever attainable, an interim goal of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water be achieved by July 1, 1983;
(3) it is the national policy that the discharge of toxic pollutants in toxic amounts be prohibited;
(4) it is the national policy that Federal financial assistance be provided to construct publicly owned waste treatment works;
(5) it is the national policy that areawide waste treatment management planning processes be developed and implemented to assure adequate control of sources of pollutants in each State;
(6) it is the national policy that a major research and demonstration effort be made to develop technology necessary to eliminate the discharge of pollutants into the navigable waters, waters of the contiguous zone, and the oceans; and
(7) it is the national policy that programs for the control of nonpoint sources of pollution be developed and implemented in an expeditious manner so as to enable the goals of this chapter to be met through the control of both point and nonpoint sources of pollution.
**(b) Congressional recognition, preservation, and protection of primary responsibilities and rights of States** It is the policy
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1251
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Federal law — U.S. Code and appendices · legal_authorities
For purpose of this subchapter—
(1) The term “act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight.
(2) The term “Administrator” means the Administrator of the United States Environmental Protection Agency.
(3) The term “barrel” means forty-two United States gallons at sixty degrees Fahrenheit.
(4) The term “claim” means a demand in writing for a sum certain.
(5) The term “claimant” means any person who presents a claim for compensation under this chapter.
(6) The term “damages” means damages for injury or loss of natural resources as set forth in section 9607(a) or 9611(b) of this title.
(7) The term “drinking water supply” means any raw or finished water source that is or may be used by a public water system (as defined in the Safe Drinking Water Act [[42 U.S.C. 300f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300f&num=0&edition=prelim) et seq.]) or as drinking water by one or more individuals.
(8) The term “environment” means (A) the navigable waters, the waters of the contiguous zone, and the ocean waters of which the natural resources are under the exclusive management authority of the United States under the Magnuson-Stevens Fishery Conservation and Management Act [[16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.], and (B) any other surface water, ground water, drinking water supply, land surface or subsurface strata, or ambient air within the United States or under the jurisdiction of the United States.
(9) The term “facility” means (A) any building, st
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9601
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Preparation and development** The Administrator shall, after careful investigation, and in cooperation with other Federal agencies, State water pollution control agencies, interstate agencies, and the municipalities and industries involved, prepare or develop comprehensive programs for preventing, reducing, or eliminating the pollution of the navigable waters and ground waters and improving the sanitary condition of surface and underground waters. In the development of such comprehensive programs due regard shall be given to the improvements which are necessary to conserve such waters for the protection and propagation of fish and aquatic life and wildlife, recreational purposes, and the withdrawal of such waters for public water supply, agricultural, industrial, and other purposes. For the purpose of this section, the Administrator is authorized to make joint investigations with any such agencies of the condition of any waters in any State or States, and of the discharges of any sewage, industrial wastes, or substance which may adversely affect such waters.
**(b) Planning for reservoirs; storage for regulation of streamflow**
(1) In the survey or planning of any reservoir by the Corps of Engineers, Bureau of Reclamation, or other Federal agency, consideration shall be given to inclusion of storage for regulation of streamflow, except that any such storage and water releases shall not be provided as a substitute for adequate treatment or other methods of controlling waste at the source.
(2) The need for and the value of storage for regulation of streamflow (other than for water quality) including but not limited to navigation, salt water intrusion, recreation, esthetics, and fish and wildlife, shall be determined by the Corps of Engineers, Bureau of Reclamation
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Federal law — U.S. Code and appendices · legal_authorities
The Council is authorized to delegate to any member or employee of the Council its administrative functions under [section 1962a–4 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1962a-4&num=0&edition=prelim) and the detailed administration of the grant program under subchapter III.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1962d–5b
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Federal law — U.S. Code and appendices · legal_authorities
Page 350
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1251
Sec.
1320.
International pollution abatement.
1321.
Oil and hazardous substance liability.
1321a.
Prevention of small oil spills.
1321b.
Improved coordination with tribal govern-
ments.
1321c.
International efforts on enforcement.
1322.
Marine sanitation devices; discharges inci-
dental to the normal operation of vessels.
1323.
Federal facilities pollution control.
1324.
Clean lakes.
1325.
National Study Commission.
1326.
Thermal discharges.
1327.
Omitted.
1328.
Aquaculture.
1329.
Nonpoint source management programs.
1330.
National estuary program.
SUBCHAPTER IV—PERMITS AND LICENSES
1341.
Certification.
1342.
National pollutant discharge elimination sys-
tem.
1343.
Ocean discharge criteria.
1344.
Permits for dredged or fill material.
1345.
Disposal or use of sewage sludge.
1346.
Coastal recreation water quality monitoring
and notification.
SUBCHAPTER V—GENERAL PROVISIONS
1361.
Administration.
1362.
Definitions.
1363.
Water Pollution Control Advisory Board.
1364.
Emergency powers.
1365.
Citizen suits.
1366.
Appearance.
1367.
Employee protection.
1368.
Federal procurement.
1369.
Administrative procedure and judicial review.
1370.
State authority.
1371.
Authority under other laws and regulations.
1372.
Labor standards.
1373.
Public health agency coordination.
1374.
Effluent Standards and Water Quality Infor-
mation Advisory Committee.
1375.
Reports to Congress; detailed estimates and
comprehensive study on costs; State esti-
mates.
1375a.
Report on coastal recreation waters.
1376.
Authorization of appropriations.
1377.
Indian tribes.
1377a.
Green infrastructure promotion.
SUBCHAPTER VI—STATE WATER POLLUTION
CONTROL REVOLVING FUNDS
13
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1251
Stored review status: historical_2024_not_currentness_verified. The source passage cites 33 U.S.C. § 1251. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 400
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1271a
1 So in original. The word ‘‘a’’ probably should not appear.
the same manner as persons employed intermittently
in the Government service are allowed expenses
under section 5703(b) of title 5, United States Code.
‘‘(c) REPORT.—Within 2 years after the date of the en-
actment of this Act [Oct. 31, 1992], the Task Force shall
submit to Congress a report stating the findings and
recommendations of the Task Force.’’
AUTHORIZATION OF APPROPRIATIONS
Pub. L. 102–580, title V, § 509(b), Oct. 31, 1992, 106 Stat.
4870, provided that: ‘‘There is authorized to be appro-
priated to the Administrator to carry out sections 502
and 503 [enacting this section and provisions set out
above] such sums as may be necessary.’’
‘‘SECRETARY’’ DEFINED
Secretary means the Secretary of the Army, see sec-
tion 3 of Pub. L. 102–580, set out as a note under section
2201 of this title.
§ 1271a. Research and development program
(a) In general
In coordination with other Federal, State, and
local officials, the Administrator of the Envi-
ronmental Protection Agency may conduct re-
search on the development and use of innovative
approaches, technologies, and techniques for the
remediation of sediment contamination in areas
of concern that are located wholly or partially
in the United States.
(b) Authorization of appropriations
(1) In general
In addition to any amounts authorized under
other provisions of law, there is authorized to
be appropriated to carry out this section
$3,000,000 for each of fiscal years 2004 through
2010.
(2) Availability
Funds appropriated under paragraph (1) shall
remain available until expended.
(Pub. L. 107–303, title I, § 106, Nov. 27, 2002, 116
Stat. 2358; Pub. L. 110–365, § 4, Oct. 8, 20
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1272
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 7709
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 9601
1 So in original. Probably should be ‘‘or’’.
Sec.
9657.
Separability; contribution.
9658.
Actions under State law for damages from ex-
posure to hazardous substances.
9659.
Citizens suits.
9660.
Research, development, and demonstration.
9660a.
Grant program.
9661.
Love Canal property acquisition.
9662.
Limitation on contract and borrowing au-
thority.
SUBCHAPTER IV—POLLUTION INSURANCE
9671.
Definitions.
9672.
State laws; scope of subchapter.
9673.
Risk retention groups.
9674.
Purchasing groups.
9675.
Applicability of securities laws.
SUBCHAPTER I—HAZARDOUS SUBSTANCES
RELEASES, LIABILITY, COMPENSATION
§ 9601. Definitions
For purpose of this subchapter—
(1) The term ‘‘act of God’’ means an unan-
ticipated grave natural disaster or other nat-
ural phenomenon of an exceptional, inevitable,
and irresistible character, the effects of which
could not have been prevented or avoided by
the exercise of due care or foresight.
(2) The term ‘‘Administrator’’ means the Ad-
ministrator of the United States Environ-
mental Protection Agency.
(3) The term ‘‘barrel’’ means forty-two
United States gallons at sixty degrees Fahr-
enheit.
(4) The term ‘‘claim’’ means a demand in
writing for a sum certain.
(5) The term ‘‘claimant’’ means any person
who presents a claim for compensation under
this chapter.
(6) The term ‘‘damages’’ means damages for
injury or loss of natural resources as set forth
in section 9607(a) or 9611(b) of this title.
(7) The term ‘‘drinking water supply’’ means
any raw or finished water source that is or
may be used by a public water system (as de-
fined in the Safe Drinking Water Act [42
U.S.C. 300f et seq.]) or as drinking water by
one or more individuals.
(8) The
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 9601
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 9601. This identifies an authority to review, not proof of applicability.