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33 U.S.C. § 2605 — Enforcement

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2605 — Enforcement

**(a) General authority** The Secretary of Transportation shall enforce this chapter under section 89 11 See References in Text note below. of title 14. The Secretary may authorize other officers or employees of the United States Government to enforce this chapter under that section. **(b) Periodic examinations** The Secretary shall conduct periodic examinations of vessels operating under this chapter transporting municipal or commercial waste to determine that each of these vessels has a permit issued under [section 2602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2602&num=0&edition=prelim). **(c) Refusal of clearance** The Secretary of the Treasury may refuse the clearance required by [section 60105 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section60105&num=0&edition=prelim), to any vessel subject to this chapter which does not have a permit required under [section 2602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2602&num=0&edition=prelim). **(d) Denial of entry and detention** If a vessel does not comply with this chapter, the Secretary of Transportation may— (1) deny entry to any place in the United States; and (2) detain at the place in the United States from which it is about to depart. **(e) Persistent violators** The Administrator shall conduct an investigation of the owner or operator of a vessel or facility if the owner has 5 or more separate violations during a 6-month period.

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Source location: Title 33, Chapter 39, § 2605; chapter-039-shore-protection-from-municipal-or-commercial-waste.md

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2602 — Vessel permits and numbers

**(a) In general** A vessel (except a public vessel as defined in [section 2101 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section2101&num=0&edition=prelim)) may not transport municipal or commercial waste in coastal waters without— (1) a permit for that vessel from the Secretary of Transportation; and (2) displaying a number or other marking on the vessel as prescribed by the Secretary under chapter 123 or [section 12502(b) of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12502/b&num=0&edition=prelim). **(b) Permit applications** Application for a permit required by subsection (a) of this section shall be made by the vessel owner or operator and include— (1) the name, address, and telephone number of the vessel owner and operator; (2) the vessel’s name and identification number; (3) the vessel’s area of operation; (4) the vessel’s transport capacity; (5) a history of the types of cargo transported by that vessel during the previous year, including identifying the type of municipal or commercial waste transported as— (A) municipal waste; (B) commercial waste; (C) medical waste; or (D) waste of another character. (6) any other information the Secretary may require; and (7) an acknowledgment. **(c) Effective date of permits** A permit issued under this section— (1) is effective 30 days after the date on which it was issued; (2) may be issued only for a period of not more than 5 years after the effective date of the permit; (3) may be renewed for periods of not more than 5 years only by the vessel owner or operator that applied for the original permit; and (4) is terminated when the vessel is sold. **(d) Denial of permits** The Secretary may, or at the request of the

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 522 — Law enforcement

**(a)** The Coast Guard may make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction, for the prevention, detection, and suppression of violations of laws of the United States. For such purposes, commissioned, warrant, and petty officers may at any time go on board of any vessel subject to the jurisdiction, or to the operation of any law, of the United States, address inquiries to those on board, examine the ship’s documents and papers, and examine, inspect, and search the vessel and use all necessary force to compel compliance. When from such inquiries, examination, inspection, or search it appears that a breach of the laws of the United States rendering an individual liable to arrest is being, or has been committed, by any individual, such individual shall be arrested or, if escaping to shore, shall be immediately pursued and arrested on shore, or other lawful and appropriate action shall be taken; or, if it shall appear that a breach of the laws of the United States has been committed so as to render such vessel, or the merchandise, or any part thereof, on board of, or brought into the United States by, such vessel, liable to forfeiture, or so as to render such vessel liable to a fine or penalty and if necessary to secure such fine or penalty, such vessel or such merchandise, or both, shall be seized. **(b)** The officers of the Coast Guard insofar as they are engaged, pursuant to the authority contained in this section, in enforcing any law of the United States shall: (1) be deemed to be acting as agents of the particular executive department or independent establishment charged with the administration of the particular law; and (2) be subject to all the rules and regula

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 60105 — Clearance of vessels

**(a) Vessels of the United States.—** Except as otherwise provided by law, a vessel of the United States shall obtain clearance from the Secretary of Homeland Security before proceeding from a port or place in the United States— (1) for a foreign port or place; (2) for another port or place in the United States if the vessel has on board foreign merchandise for which entry has not been made; or (3) outside the territorial sea to visit a hovering vessel or to receive merchandise while outside the territorial sea. **(b) Other Vessels.—** Except as otherwise provided by law, a vessel that is not a vessel of the United States shall obtain clearance from the Secretary before proceeding from a port or place in the United States— (1) for a foreign port or place; (2) for another port or place in the United States; or (3) outside the territorial sea to visit a hovering vessel or to receive or deliver merchandise while outside the territorial sea. **(c) Regulations.—** The Secretary may by regulation— (1) prescribe the manner in which clearance under this section is to be obtained, including the documents, data, or information which shall be submitted or transmitted, pursuant to an authorized data interchange system, to obtain the clearance; (2) permit clearance to be obtained before all requirements for clearance are complied with, but only if the owner or operator of the vessel files a bond in an amount set by the Secretary conditioned on the compliance by the owner or operator with all specified requirements for clearance within a time period (not exceeding 4 business days) established by the Secretary; and (3) permit clearance to be obtained at a place other than a designated port of entry, under conditions the Secretary may prescribe.

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 101 — Establishment of Coast Guard

The Coast Guard, established January 28, 1915, shall be a military service and a branch of the armed forces of the United States at all times.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2605 — Enforcement

Page 872 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2605 1 See References in Text note below. quest of the Administrator shall, suspend or re- voke a permit issued to a vessel under this chap- ter for a violation of this chapter or a regulation prescribed under this chapter. (b) Injunctions The Secretary or the Administrator may bring a civil action to enjoin any operation in viola- tion of this chapter or a regulation prescribed under this chapter in the district court of the United States for the district in which the viola- tion occurred. (Pub. L. 100–688, title IV, § 4104, Nov. 18, 1988, 102 Stat. 4157.) § 2605. Enforcement (a) General authority The Secretary of Transportation shall enforce this chapter under section 89 1 of title 14. The Secretary may authorize other officers or em- ployees of the United States Government to en- force this chapter under that section. (b) Periodic examinations The Secretary shall conduct periodic examina- tions of vessels operating under this chapter transporting municipal or commercial waste to determine that each of these vessels has a per- mit issued under section 2602 of this title. (c) Refusal of clearance The Secretary of the Treasury may refuse the clearance required by section 60105 of title 46, to any vessel subject to this chapter which does not have a permit required under section 2602 of this title. (d) Denial of entry and detention If a vessel does not comply with this chapter, the Secretary of Transportation may— (1) deny entry to any place in the United States; and (2) detain at the place in the United States from which it is about to depart. (e) Persistent violators The Administrator shall conduct an investiga- tion of the owner or operator of a vessel or facil- ity if the owner has 5

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