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33 U.S.C. § 1411 — Congressional finding, policy, and declaration of purpose
Federal law — U.S. Code and appendices · legal_authorities
**(a) Dangers of unregulated dumping** Unregulated dumping of material into ocean waters endangers human health, welfare, and amenities, and the marine environment, ecological systems, and economic potentialities.
**(b) Policy of regulation and prevention or limitation** The Congress declares that it is the policy of the United States to regulate the dumping of all types of materials into ocean waters and to prevent or strictly limit the dumping into ocean waters of any material which would adversely affect human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities.
**(c) Regulation of dumping and transportation for dumping purposes** It is the purpose of this Act to regulate (1) the transportation by any person of material from the United States and, in the case of United States vessels, aircraft, or agencies, the transportation of material from a location outside the United States, when in either case the transportation is for the purpose of dumping the material into ocean waters, and (2) the dumping of material transported by any person from a location outside the United States, if the dumping occurs in the territorial sea or the contiguous zone of the United States.
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Source file: Laws/federal/codes/united-states-code/title-33/section-1411-congressional-finding-policy-and-declaration-of-purpose--f25c8d7c5d.md
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Source location: Title 33, Chapter 27, § 1411; chapter-027-ocean-dumping.md
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**(a) Dangers of unregulated dumping** Unregulated dumping of material into ocean waters endangers human health, welfare, and amenities, and the marine environment, ecological systems, and economic potentialities.
**(b) Policy of regulation and prevention or limitation** The Congress declares that it is the policy of the United States to regulate the dumping of all types of materials into ocean waters and to prevent or strictly limit the dumping into ocean waters of any material which would adversely affect human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities.
**(c) Regulation of dumping and transportation for dumping purposes** It is the purpose of this Act to regulate (1) the transportation by any person of material from the United States and, in the case of United States vessels, aircraft, or agencies, the transportation of material from a location outside the United States, when in either case the transportation is for the purpose of dumping the material into ocean waters, and (2) the dumping of material transported by any person from a location outside the United States, if the dumping occurs in the territorial sea or the contiguous zone of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4321
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
**(a) Outer Continental Shelf.—** The term “outer Continental Shelf” means—
(1) all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in [section 1301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1301&num=0&edition=prelim), and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control or within the exclusive economic zone of the United States and adjacent to any territory of the United States; and
(2) does not include any area conveyed by Congress to a territorial government for administration;
**(b) Secretary.—** The term “Secretary” means the Secretary of the Interior, except that with respect to functions under this subchapter transferred to, or vested in, the Secretary of Energy or the Federal Energy Regulatory Commission by or pursuant to the Department of Energy Organization Act ([42 U.S.C. 7101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7101&num=0&edition=prelim) et seq.), the term “Secretary” means the Secretary of Energy, or the Federal Energy Regulatory Commission, as the case may be.
**(c) Lease.—** The term “lease” means any form of authorization which is issued under [section 1337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1337&num=0&edition=prelim) or maintained under [section 1335 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1335&num=0&edition=prelim) and which authorizes exploration for, and development and production of, minerals.
**(d) Person.—** The term “person” includes, in addition to a natural person, an association, a State, a political subdivision o
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1331
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 99–662, title VII, § 710, Nov. 17, 1986, 100 Stat. 4160; Pub. L. 106–109, § 8(b), Nov. 24, 1999, 113 Stat. 1495, related to deauthorization of studies.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2267
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Environmental Protection Agency permits** Except in relation to dredged material, as provided for in [section 1413 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1413&num=0&edition=prelim), and in relation to radiological, chemical, and biological warfare agents, high-level radioactive waste, and medical waste, for which no permit may be issued, the Administrator may issue permits, after notice and opportunity for public hearings, for the transportation from the United States or, in the case of an agency or instrumentality of the United States, or in the case of a vessel or aircraft registered in the United States or flying the United States flag, for the transportation from a location outside the United States, of material for the purpose of dumping it into ocean waters, or for the dumping of material into the waters described in [section 1411(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1411/b&num=0&edition=prelim), where the Administrator determines that such dumping will not unreasonably degrade or endanger human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities. The Administrator shall establish and apply criteria for reviewing and evaluating such permit applications, and, in establishing or revising such criteria, shall consider, but not be limited in his consideration to, the following :
(A) The need for the proposed dumping.
(B) The effect of such dumping on human health and welfare, including economic, esthetic, and recreational values.
(C) The effect of such dumping on fisheries resources, plankton, fish, shellfish, wildlife, shore lines and beaches.
(D) The effect of such dumping on marine ecosystems, pa
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1413
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Issuance of emergency permits** Notwithstanding section 104B of the Marine Protection, Research, and Sanctuaries Act of 1972 [[33 U.S.C. 1414b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1414b&num=0&edition=prelim)], after December 31, 1981, the Administrator may issue emergency permits under title I of such Act [[33 U.S.C. 1411](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1411&num=0&edition=prelim) et seq.] for the dumping of industrial waste into ocean waters, or into waters described in such section 101(b) [[33 U.S.C. 1411(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1411/b&num=0&edition=prelim)], if the Administrator determines that there has been demonstrated to exist an emergency, requiring the dumping of such waste, which poses an unacceptable risk relating to human health and admits of no other feasible solution. As used herein, “emergency” refers to situations requiring action with a marked degree of urgency.
**(b) “Industrial waste” defined** For purposes of this section, the term “industrial waste” means any solid, semisolid, or liquid waste generated by a manufacturing or processing plant.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1414
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Issuance by Secretary of the Army** Subject to the provisions of subsections (b), (c), and (d) of this section, the Secretary may issue permits, after notice and opportunity for public hearings, for the transportation of dredged material for the purpose of dumping it into ocean waters, where the Secretary determines that the dumping will not unreasonably degrade or endanger human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities.
**(b) Independent determination of need for dumping, other methods of disposal, and appropriate locations; alternative sites** In making the determination required by subsection (a), the Secretary shall apply those criteria, established pursuant to [section 1412(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1412/a&num=0&edition=prelim), relating to the effects of the dumping. Based upon an evaluation of the potential effect of a permit denial on navigation, economic and industrial development, and foreign and domestic commerce of the United States, the Secretary shall make an independent determination as to the need for the dumping. The Secretary shall also make an independent determination as to other possible methods of disposal and as to appropriate locations for the dumping. In considering appropriate locations, he shall, to the maximum extent feasible, utilize the recommended sites designated by the Administrator pursuant to [section 1412(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1412/c&num=0&edition=prelim). In any case in which the use of a designated site is not feasible, the Secretary may, with the concurrence of the Administrator, select an alternative site. The criteria and
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1414a
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1412/c&num=0&edition=prelim); (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 h
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1414b
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Federal law — U.S. Code and appendices · legal_authorities
**(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)—
(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1417
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Federal law — U.S. Code and appendices · legal_authorities
**(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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section401&num=0&edition=prelim) 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 Administrat
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1418
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1418&num=0&edition=prelim), 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, crim
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1419
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