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33 U.S.C. § 1414a — Dumping permit program for dredged material
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
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Stable record: federal_law:legal_authorities:record_usc_68a010c614c0b0eb084c6eec
Source file: Laws/federal/codes/united-states-code/title-33/section-1414a-dumping-permit-program-for-dredged-material--c4f3420948.md
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Source location: Title 33, Chapter 27, § 1414a; chapter-027-ocean-dumping.md
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**(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 factors established in [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 site selection shall be used in selecting the alternative site in a manner consistent with the application of such factors and criteria 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). Disposal at or in the vicinity of an alternative site shall be limited to a period of not greater than 5 years unless the site is subsequently designated 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); except that an alternative site may continue to be used for an additional period of time that shall not exceed 5 years if—
(1) no feasible disposal site has been designated by the Administrator;
(2) the continued use of the alternative site is necessary to maintain navigation and facilitate interstate or international commerce; and
(3) the Administrator determines that the continued use of the site does not pose an unacceptable risk to human health, aquatic resources, or the environment.
**(c) Concurrence by Administrator**
(1) **Notification** — Prior to issuing a permit to any person under this section, the Secretary shall first notify the Administrator of the Secretary’s intention to do so and provide necessary and appropriate information concerning the permit to the Administrator. Within 30 days of receiving such information, the Administrator shall review the information and request any additional information the Administrator deems necessary to evaluate the proposed permit.
(2) **Concurrence by Administrator** — Within 45 days after receiving from the Secretary all information the Administrator considers to be necessary to evaluate the proposed permit, the Administrator shall, in writing, concur with (either entirely or with conditions) or decline to concur with the determination of the Secretary as to compliance with the criteria, conditions, and restrictions established pursuant to sections 1412(a) and 1412(c) of this title relating to the environmental impact of the permit. The Administrator may request one 45-day extension in writing and the Secretary shall grant such request on receipt of the request.
(3) **Effect of concurrence** — In any case where the Administrator makes a determination to concur (with or without conditions) or to decline to concur within the time period specified in paragraph (2) the determination shall prevail. If the Administrator declines to concur in the determination of the Secretary no permit shall be issued. If the Administrator concurs with conditions the permit shall include such conditions. The Administrator shall state in writing the reasons for declining to concur or for the conditions of the concurrence.
(4) **Failure to act** — If no written documentation is made by the Administrator within the time period provided for in paragraph (2), the Secretary may issue the permit.
(5) **Compliance with criteria and restrictions** — Unless the Administrator grants a waiver pursuant to subsection (d), any permit issued by the Secretary shall require compliance with such criteria and restrictions.
**(d) Waiver of requirements** If, in any case, the Secretary finds that, in the disposition of dredged material, there is no economically feasible method or site available other than a dumping site the utilization of which would result in non-compliance with the 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 dumping or with the restrictions established 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) relating to critical areas, he shall so certify and request a waiver from the Administrator of the specific requirements involved. Within thirty days of the receipt of the waiver request, unless the Administrator finds that the dumping of the material will result in an unacceptably adverse impact on municipal water supplies, shell-fish beds, wildlife, fisheries (including spawning and breeding areas), or recreational areas, he shall grant the waiver.
**(e) Federal projects involving dredged material** In connection with Federal projects involving dredged material, the Secretary may, in lieu of the permit procedure, issue regulations which will require the application to such projects of the same criteria, other factors to be evaluated, the same procedures, and the same requirements which apply to the issuance of permits under subsections (a), (b), (c), and (d) of this section and section 1414(a) and (d) of this title.
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1411
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Termination of dumping**
(1) **Prohibitions on dumping** — Notwithstanding any other provision of law—
(A) on and after the 270th day after November 18, 1988, no person (including a person described in [section 1414a(a)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1414a/a/1/C&num=0&edition=prelim)) shall dump into ocean waters, or transport for the purpose of dumping into ocean waters, sewage sludge or industrial waste, unless such person—
(i) has entered into a compliance agreement or enforcement agreement which meets the requirements of subsection (c)(2) or (3), as applicable; and
(ii) has obtained a permit issued under [section 1412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1412&num=0&edition=prelim) which authorizes such transportation and dumping; and
(B) after December 31, 1991, it shall be unlawful for any person to dump into ocean waters, or to transport for the purposes of dumping into ocean waters, sewage sludge or industrial waste.
(2) **Prohibition on new entrants** — The Administrator shall not issue any permit under this Act which authorizes a person to dump into ocean waters, or to transport for the purposes of dumping into ocean waters, sewage sludge or industrial waste, unless that person was authorized by a permit issued under [section 1412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1412&num=0&edition=prelim) or by a court order to dump into ocean waters, or to transport for the purpose of dumping into ocean waters, sewage sludge or industrial waste on September 1, 1988.
**(b) Special dumping fees**
(1) **In general** — Subject to paragraph (4), any person who dumps into ocean wat
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1415
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Federal law — U.S. Code and appendices · legal_authorities
Page 613
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1414b
ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE
AND FISHERIES
Committee on Merchant Marine and Fisheries of
House of Representatives abolished and its jurisdiction
transferred by House Resolution No. 6, One Hundred
Fourth Congress, Jan. 4, 1995. For treatment of ref-
erences to Committee on Merchant Marine and Fish-
eries, see section 1(b)(3) of Pub. L. 104–14, set out as a
note preceding section 21 of Title 2, The Congress.
§ 1414a. Special provisions regarding certain
dumping sites
(a) New York Bight Apex
(1) For purposes of this subsection—
(A) The term ‘‘Apex’’ means the New York
Bight Apex consisting of the ocean waters of
the Atlantic Ocean westward of 73 degrees 30
minutes west longitude and northward of 40
degrees 10 minutes north latitude.
(B) The term ‘‘Apex site’’ means that site
within the Apex at which the dumping of mu-
nicipal sludge occurred before October 1, 1983.
(C) The term ‘‘eligible authority’’ means any
sewerage authority or other unit of State or
local government that on November 2, 1983,
was authorized under court order to dump mu-
nicipal sludge at the Apex site.
(2) No person may apply for a permit under
this subchapter in relation to the dumping of, or
the transportation for purposes of dumping, mu-
nicipal sludge within the Apex unless that per-
son is an eligible authority.
(3) The Administrator may not issue, or renew,
any permit under this subchapter that author-
izes the dumping of, or the transportation for
purposes of dumping, municipal sludge within
the Apex after the earlier of—
(A) December 15, 1987; or
(B) the day determined by the Administrator
to be the first day on which municipal sludge
generated by eligible authorities can reason-
ably be d
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1414a
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