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33 U.S.C. § 407 — Deposit of refuse in navigable waters generally
Federal law — U.S. Code and appendices · legal_authorities
It shall not be lawful to throw, discharge, or deposit, or cause, suffer, or procure to be thrown, discharged, or deposited either from or out of any ship, barge, or other floating craft of any kind, or from the shore, wharf, manufacturing establishment, or mill of any kind, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liquid state, into any navigable water of the United States, or into any tributary of any navigable water from which the same shall float or be washed into such navigable water; and it shall not be lawful to deposit, or cause, suffer, or procure to be deposited material of any kind in any place on the bank of any navigable water, or on the bank of any tributary of any navigable water, where the same shall be liable to be washed into such navigable water, either by ordinary or high tides, or by storms or floods, or otherwise, whereby navigation shall or may be impeded or obstructed: Provided, That nothing herein contained shall extend to, apply to, or prohibit the operations in connection with the improvement of navigable waters or construction of public works, considered necessary and proper by the United States officers supervising such improvement or public work: And provided further, That the Secretary of the Army, whenever in the judgment of the Chief of Engineers anchorage and navigation will not be injured thereby, may permit the deposit of any material above mentioned in navigable waters, within limits to be defined and under conditions to be prescribed by him, provided application is made to him prior to depositing such material; and whenever any permit is so granted the conditions thereof shall be strictly complied with, and any violation thereof shall be unlawful
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Stable record: federal_law:legal_authorities:record_usc_560b5bd088b351e89fe20b7e
Source file: Laws/federal/codes/united-states-code/title-33/section-407-deposit-of-refuse-in-navigable-waters-generally--18bc55b297.md
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Source location: Title 33, Chapter 9, § 407; chapter-009-protection-of-navigable-waters-and-of-harbor-and-river-improvements-generally.md
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It shall not be lawful to throw, discharge, or deposit, or cause, suffer, or procure to be thrown, discharged, or deposited either from or out of any ship, barge, or other floating craft of any kind, or from the shore, wharf, manufacturing establishment, or mill of any kind, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liquid state, into any navigable water of the United States, or into any tributary of any navigable water from which the same shall float or be washed into such navigable water; and it shall not be lawful to deposit, or cause, suffer, or procure to be deposited material of any kind in any place on the bank of any navigable water, or on the bank of any tributary of any navigable water, where the same shall be liable to be washed into such navigable water, either by ordinary or high tides, or by storms or floods, or otherwise, whereby navigation shall or may be impeded or obstructed: Provided, That nothing herein contained shall extend to, apply to, or prohibit the operations in connection with the improvement of navigable waters or construction of public works, considered necessary and proper by the United States officers supervising such improvement or public work: And provided further, That the Secretary of the Army, whenever in the judgment of the Chief of Engineers anchorage and navigation will not be injured thereby, may permit the deposit of any material above mentioned in navigable waters, within limits to be defined and under conditions to be prescribed by him, provided application is made to him prior to depositing such material; and whenever any permit is so granted the conditions thereof shall be strictly complied with, and any violation thereof shall be unlawful.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Permits for discharge of pollutants**
(1) Except as provided in sections 1328 and 1344 of this title, the Administrator may, after opportunity for public hearing issue a permit for the discharge of any pollutant, or combination of pollutants, notwithstanding [section 1311(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1311/a&num=0&edition=prelim), upon condition that such discharge will meet either (A) all applicable requirements under sections 1311, 1312, 1316, 1317, 1318, and 1343 of this title, or (B) prior to the taking of necessary implementing actions relating to all such requirements, such conditions as the Administrator determines are necessary to carry out the provisions of this chapter.
(2) The Administrator shall prescribe conditions for such permits to assure compliance with the requirements of paragraph (1) of this subsection, including conditions on data and information collection, reporting, and such other requirements as he deems appropriate.
(3) The permit program of the Administrator under paragraph (1) of this subsection, and permits issued thereunder, shall be subject to the same terms, conditions, and requirements as apply to a State permit program and permits issued thereunder under subsection (b) of this section.
(4) All permits for discharges into the navigable waters issued pursuant to [section 407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section407&num=0&edition=prelim) shall be deemed to be permits issued under this subchapter, and permits issued under this subchapter shall be deemed to be permits issued under [section 407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section407&num=0&edition=prelim), and sh
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1342
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Federal law — U.S. Code and appendices · legal_authorities
It shall not be lawful to construct or commence the construction of any bridge, causeway, dam, or dike over or in any port, roadstead, haven, harbor, canal, navigable river, or other navigable water of the United States until the consent of Congress to the building of such structures shall have been obtained and until the plans for (1) the bridge or causeway shall have been submitted to and approved by the Secretary of the department in which the Coast Guard is operating, or (2) the dam or dike shall have been submitted to and approved by the Chief of Engineers and Secretary of the Army. However, such structures may be built under authority of the legislature of a State across rivers and other waterways the navigable portions of which lie wholly within the limits of a single State, provided the location and plans thereof are submitted to and approved by the Secretary of the department in which the Coast Guard is operating or by the Chief of Engineers and Secretary of the Army before construction is commenced. When plans for any bridge or other structure have been approved by the Secretary of the department in which the Coast Guard is operating or by the Chief of Engineers and Secretary of the Army, it shall not be lawful to deviate from such plans either before or after completion of the structure unless modification of said plans has previously been submitted to and received the approval of the Secretary of the department in which the Coast Guard is operating or the Chief of Engineers and the Secretary of the Army. The approval required by this section of the location and plans or any modification of plans of any bridge or causeway does not apply to any bridge or causeway over waters that are not subject to the ebb and flow of the tide and that are not used and are not
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 401
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Construction of chapter as superseding, amending, modifying, or repealing certain laws** Nothing in this chapter shall be construed as superseding, amending, modifying, or repealing the Mining and Minerals Policy Act of 1970 ([30 U.S.C. 21a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section21a&num=0&edition=prelim)), the National Environmental Policy Act of 1969 ([42 U.S.C. 4321–47](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321–47&num=0&edition=prelim)), or any of the following Acts or with any rule or regulation promulgated thereunder, including, but not limited to—
(1) The Federal Metal and Nonmetallic Mine Safety Act ([30 U.S.C. 721–740](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section721–740&num=0&edition=prelim)).
(2) The Federal Coal Mine Health and Safety Act of 1969 (83 Stat. 742) [[30 U.S.C. 801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section801&num=0&edition=prelim) et seq.].
(3) The Federal Water Pollution Control Act (79 Stat. 903), as amended [[33 U.S.C. 1251](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1251&num=0&edition=prelim) et seq.], the State laws enacted pursuant thereto, or other Federal laws relating to preservation of water quality.
(4) The Clean Air Act, as amended [[42 U.S.C. 7401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7401&num=0&edition=prelim) et seq.].
(5) The Solid Waste Disposal Act [[42 U.S.C. 6901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6901&num=0&edition=prelim) et seq.].
(6) The Refuse Act of 1899 ([33 U.S.C. 407](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section407&num=0&ed
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1292
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this Act the term—
**(a)** “Administrator” means the Administrator of the Environmental Protection Agency.
**(b)** “Ocean waters” means those waters of the open seas lying seaward of the base line from which the territorial sea is measured, as provided for in the Convention on the Territorial Sea and the Contiguous Zone (15 UST 1606; TIAS 5639).
**(c)** “Material” means matter of any kind or description, including, but not limited to, dredged material, solid waste, incinerator residue, garbage, sewage, sewage sludge, munitions, radiological, chemical, and biological warfare agents, radioactive materials, chemicals, biological and laboratory waste, wreck or discarded equipment, rock, sand, excavation debris, and industrial, municipal, agricultural, and other waste; but such term does not mean sewage from vessels within the meaning of [section 1322 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1322&num=0&edition=prelim). Oil within the meaning of [section 1321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1321&num=0&edition=prelim) shall be included only to the extent that such oil is taken on board a vessel or aircraft for the purpose of dumping.
**(d)** “United States” includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, the territories and possessions of the United States, and the Trust Territory of the Pacific Islands.
**(e)** “Person” means any private person or entity, or any officer, employee, agent, department, agency, or instrumentality of the Federal Government, of any State or local unit of government, or of any foreign government.
**(f)** “Dumping” means a disposition of material: Provided, That
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1412
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Federal law — U.S. Code and appendices · legal_authorities
Any and every master, pilot, and engineer, or person or persons acting in such capacity, respectively, on board of any boat or vessel who shall knowingly engage in towing any scow, boat, or vessel loaded with any material specified in [section 407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section407&num=0&edition=prelim) to any point or place of deposit or discharge in any harbor or navigable water, elsewhere than within the limits defined and permitted by the Secretary of the Army, or who shall willfully injure or destroy any work of the United States contemplated in [section 408 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section408&num=0&edition=prelim), or who shall willfully obstruct the channel of any waterway in the manner contemplated in [section 409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section409&num=0&edition=prelim), shall be deemed guilty of a violation of this Act, and shall upon conviction be punished as provided in [section 411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section411&num=0&edition=prelim), and shall also have his license revoked or suspended for a term to be fixed by the judge before whom tried and convicted. And any boat, vessel, scow, raft, or other craft used or employed in violating any of the provisions of sections 407, 408, 409, 414, and 415 of this title shall be liable for the pecuniary penalties specified in [section 411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section411&num=0&edition=prelim), and in addition thereto for the amount of the damages done by said boat, vessel, scow, raft, or other craft, which latter sum shall
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 412
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Army is authorized and empowered to prescribe regulations to govern the transportation and dumping into any navigable water, or waters adjacent thereto, of dredgings, earth, garbage, and other refuse materials of every kind or description, whenever in his judgment such regulations are required in the interest of navigation. Such regulations shall be posted in conspicuous and appropriate places for the information of the public; and every person or corporation which shall violate the said regulations, or any of them, shall be deemed guilty of a misdemeanor and shall be subject to the penalties prescribed in sections 411 and 412 of this title, for violation of the provisions of [section 407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section407&num=0&edition=prelim): Provided, That any regulations made in pursuance hereof may be enforced as provided in [section 413 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section413&num=0&edition=prelim), the provisions whereof are made applicable to the said regulations: Provided further, That this section shall not apply to any waters within the jurisdictional boundaries of any State which are now or may hereafter be used for the cultivation of oysters under the laws of such State, except navigable channels which have been or may hereafter be improved by the United States, or to be designated as navigable channels by competent authority, and in making such improvements of channels, the material dredged shall not be deposited upon any ground in use in accordance with the laws of such State for the cultivation of oysters, except in compliance with said laws: And provided further, That any expense necessary in executing this section may
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 419
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Federal law — U.S. Code and appendices · legal_authorities
Page 49
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 407
under the direction of the Attorney General of
the United States.
(Mar. 3, 1899, ch. 425, § 12, 30 Stat. 1151; Feb. 20,
1900, ch. 23, § 2, 31 Stat. 32; Mar. 3, 1911, ch. 231,
§ 291, 36 Stat. 1167; July 26, 1947, ch. 343, title II,
§ 205(a), 61 Stat. 501.)
Editorial Notes
CODIFICATION
Section is from act Mar. 3, 1899, popularly known as
the ‘‘Rivers and Harbors Appropriation Act of 1899’’.
AMENDMENTS
1911—Act Mar. 3, 1911, transferred to the District
Courts the enforcement powers formerly lodged in the
Circuit Courts.
1900—Act Feb. 20, 1900, substituted ‘‘section eleven’’
for ‘‘section fourteen’’ where first appearing, which for
codification purposes, was translated as ‘‘section 404 of
this title’’.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Department of War designated Department of the
Army and title of Secretary of War changed to Sec-
retary of the Army by section 205(a) of act July 26, 1947,
ch. 343, title II, 61 Stat. 501. Section 205(a) of act July
26, 1947, was repealed by section 53 of act Aug. 10, 1956,
ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en-
acted ‘‘Title 10, Armed Forces’’ which in sections 3010
to 3013 continued Department of the Army under ad-
ministrative supervision of Secretary of the Army.
TRANSFER OF FUNCTIONS
Functions, powers, and duties of Secretary of the
Army and other offices and officers of Department of
the Army under section 401 of this title to extent that
they relate generally to location and clearances of
bridges and causeways in navigable waters of United
States transferred to and vested in Secretary of Trans-
portation by Pub. L. 89–670, § 6(g)(6)(A), Oct. 15, 1966, 80
Stat. 941, which created Department of Transportation
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 407
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