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33 U.S.C. § 1905 — Pollution reception facilities

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

33 U.S.C. § 1905 — Pollution reception facilities

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Source file: Laws/federal/codes/united-states-code/title-33/section-1905-pollution-reception-facilities--1a141be6b7.md
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Source location: Title 33, Chapter 33, § 1905; chapter-033-prevention-of-pollution-from-ships.md

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**(a) Adequacy; criteria** (1) The Secretary, after consultation with the Administrator of the Environmental Protection Agency, shall establish regulations setting criteria for determining the adequacy of a port’s or terminal’s reception facilities for mixtures containing oil or noxious liquid substances and shall establish procedures whereby a person in charge of a port or terminal may request the Secretary to certify that the port’s or terminal’s facilities for receiving the residues and mixtures containing oil or noxious liquid substance from seagoing ships are adequate. (2) The Secretary, after consulting with appropriate Federal agencies, shall establish regulations setting criteria for determining the adequacy of reception facilities for garbage at a port or terminal, and stating such additional measures and requirements as are appropriate to ensure such adequacy. Persons in charge of ports and terminals shall provide reception facilities, or ensure that such facilities are available, for receiving garbage in accordance with those regulations. (3) The Secretary and the Administrator, after consulting with appropriate Federal agencies, shall jointly prescribe regulations setting criteria for determining the adequacy of reception facilities for receiving ozone depleting substances, equipment containing such substances, and exhaust gas cleaning residues at a port or terminal, and stating any additional measures and requirements as are appropriate to ensure such adequacy. Persons in charge of ports and terminals shall provide reception facilities, or ensure that reception facilities are available, in accordance with those regulations. The Secretary and the Administrator may jointly prescribe regulations to certify, and may issue certificates to the effect, that a port’s or terminal’s facilities for receiving ozone depleting substances, equipment containing such substances, and exhaust gas cleaning residues from ships are adequate. **(b) Traffic considerations** In determining the adequacy of reception facilities required by the MARPOL Protocol or the Antarctic Protocol at a port or terminal, and in establishing regulations under subsection (a) of this section, the Secretary or the Administrator may consider, among other things, the number and types of ships or seagoing ships using the port or terminal, including their principal trades. **(c) Certificate; issuance; validity; inspection; review of suspension or revocation by Secretary** (1) If reception facilities of a port or terminal meet the requirements of Annex I and Annex II to the Convention and the regulations prescribed under subsection (a)(1), the Secretary shall, after consultation with the Administrator of the Environmental Protection Agency, issue a certificate to that effect to the applicant. (2) (A) Subject to subparagraph (B), if reception facilities of a port or terminal meet the requirements of Annex V to the Convention and the regulations prescribed under subsection (a)(2), the Secretary may, after consultation with appropriate Federal agencies, issue a certificate to that effect to the person in charge of the port or terminal. (B) The Secretary may not issue a certificate attesting to the adequacy of reception facilities under this paragraph unless, prior to the issuance of the certificate, the Secretary conducts an inspection of the reception facilities of the port or terminal that is the subject of the certificate. (C) The Secretary may, with respect to certificates issued under this paragraph prior to October 19, 1996, prescribe by regulation differing periods of validity for such certificates. (3) A certificate issued under this subsection— (A) is valid for the 5-year period beginning on the date of issuance of the certificate, except that if— (i) the charge for operation of the port or terminal is transferred to a person or entity other than the person or entity that is the operator on the date of issuance of the certificate— (I) the certificate shall expire on the date that is 30 days after the date of the transfer; and (II) the new operator shall be required to submit an application for a certificate before a certificate may be issued for the port or terminal; or (ii) the certificate is suspended or revoked by the Secretary, the certificate shall cease to be valid; and (B) shall be available for inspection upon the request of the master, other person in charge, or agent of a ship using or intending to use the port or terminal. (4) The suspension or revocation of a certificate issued under this subsection may be appealed to the Secretary and acted on by the Secretary in the manner prescribed by regulation. **(d) Publication of list of certificated ports or terminals** (1) The Secretary shall maintain a list of ports or terminals with respect to which a certificate issued under this section— (A) is in effect; or (B) has been revoked or suspended. (2) The Secretary shall make the list referred to in paragraph (1) available to the general public. **(e) Entry; denial** (1) Except in the case of force majeure, the Secretary shall deny entry to a seagoing ship required by the Convention or the Antarctic Protocol to retain onboard while at sea, residues and mixtures containing oil or noxious liquid substances, if— (A) the port or terminal is one required by Annexes I and II of the Convention or Article 9 of Annex IV to the Antarctic Protocol or regulations hereunder to have adequate reception facilities; and (B) the port or terminal does not hold a valid certificate issued by the Secretary under this section. (2) The Secretary may deny the entry of a ship to a port or terminal required by the MARPOL Protocol, this chapter, or regulations prescribed under this section relating to the provision of adequate reception facilities for garbage, ozone depleting substances, equipment containing those substances, or exhaust gas cleaning residues, if the port or terminal is not in compliance with the MARPOL Protocol, this chapter, or those regulations. **(f) Surveys** (1) The Secretary and the Administrator are authorized to conduct surveys of existing reception facilities in the United States to determine measures needed to comply with the MARPOL Protocol or the Antarctic Protocol. (2) Not later than 18 months after October 19, 1996, the Secretary shall promulgate regulations that require the operator of each port or terminal that is subject to any requirement of the MARPOL Protocol relating to reception facilities to post a placard in a location that can easily be seen by port and terminal users. The placard shall state, at a minimum, that a user of a reception facility of the port or terminal should report to the Secretary any inadequacy of the reception facility.

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

33 U.S.C. § 1901 — Definitions

**(a)** Unless the context indicates otherwise, as used in this chapter— (1) “Administrator” means the Administrator of the Environmental Protection Agency; (2) “Antarctica” means the area south of 60 degrees south latitude; (3) “Antarctic Protocol” means the Protocol on Environmental Protection to the Antarctic Treaty, signed October 4, 1991, in Madrid, and all annexes thereto, and includes any future amendments thereto which have entered into force; (4) “MARPOL Protocol” means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973, and includes the Convention; (5) “Convention” means the International Convention for the Prevention of Pollution from Ships, 1973, including Protocols I and II and Annexes I, II, V, and VI thereto, including any modification or amendments to the Convention, Protocols, or Annexes which have entered into force for the United States; (6) “discharge”, “emission”, “garbage”, “harmful substance”, and “incident” shall have the meanings provided in the Convention; (7) “navigable waters” includes the territorial sea of the United States (as defined in Presidential Proclamation 5928 of December 27, 1988) and the internal waters of the United States; (8) “owner” means any person holding title to, or in the absence of title, any other indicia of ownership of, a ship or terminal, but does not include a person who, without participating in the management or operation of a ship or terminal, holds indicia of ownership primarily to protect a security interest in the ship or terminal; (9) “operator” means— (a) in the case of a ship, a charterer by demise or any other person, except the owner, who is responsible for the operation, manning, victualing, and supplying of the vessel, or (b) in the c

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

33 U.S.C. § 1902 — Ships subject to preventive measures

**(a) Included vessels** This chapter shall apply— (1) to a ship of United States registry or nationality, or one operated under the authority of the United States, wherever located; (2) with respect to Annexes I and II to the Convention, to a ship, other than a ship referred to in paragraph (1), while in the navigable waters of the United States; (3) with respect to the requirements of Annex V to the Convention, to a ship, other than a ship referred to in paragraph (1), while in the navigable waters or the exclusive economic zone of the United States; (4) with respect to regulations prescribed under [section 1905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1905&num=0&edition=prelim), any port or terminal in the United States; and (5) with respect to Annex VI to the Convention, and other than with respect to a ship referred to in paragraph (1)— (A) to a ship that is in a port, shipyard, offshore terminal, or the internal waters of the United States; (B) to a ship that is bound for, or departing from, a port, shipyard, offshore terminal, or the internal waters of the United States, and is in— (i) the navigable waters or the exclusive economic zone of the United States; (ii) an emission control area designated pursuant to [section 1903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1903&num=0&edition=prelim); or (iii) any other area that the Administrator, in consultation with the Secretary and each State in which any part of the area is located, has designated by order as being an area from which emissions from ships are of concern with respect to protection of public health, welfare, or the environment; (C) to a ship that is entitled to fly the flag of

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

33 U.S.C. § 1954 — Coast Guard program

The Commandant of the Coast Guard, in consultation with the Interagency Committee, shall— (1) take actions to reduce violations of and improve implementation of MARPOL Annex V and the Act to Prevent Pollution from Ships ([33 U.S.C. 1901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1901&num=0&edition=prelim) et seq.) with respect to the discard of plastics and other garbage from vessels; (2) take actions to cost-effectively monitor and enforce compliance with MARPOL Annex V and the Act to Prevent Pollution from Ships ([33 U.S.C. 1901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1901&num=0&edition=prelim) et seq.), including through cooperation and coordination with other Federal and State enforcement programs; (3) take actions to improve compliance with requirements under MARPOL Annex V and section 6 of the Act to Prevent Pollution from Ships ([33 U.S.C. 1905](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1905&num=0&edition=prelim)) that all United States ports and terminals maintain and monitor the adequacy of receptacles for the disposal of plastics and other garbage, including through promoting voluntary government-industry partnerships; (4) develop and implement a plan, in coordination with industry and recreational boaters, to improve ship-board waste management, including recordkeeping, and access to waste reception facilities for ship-board waste; (5) take actions to improve international cooperation to reduce marine debris; and (6) establish a voluntary reporting program for commercial vessel operators and recreational boaters to report incidents of damage to vessels and disruption of navigation caused by marine debris, and observed violations of laws and regulatio

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

33 U.S.C. § 1905 — Pollution reception facilities

Page 670 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1905 (e) Detention orders; duration of detention; ship- yard option In addition to the penalties prescribed in sec- tion 1908 of this title, a ship required by the MARPOL Protocol to have a certificate— (1) which does not have a valid certificate onboard; or (2) whose condition or whose equipment’s condition does not substantially agree with the particulars of the certificate onboard; shall be detained by order of the Secretary at the port or terminal where the violation is dis- covered until, in the opinion of the Secretary, the ship can proceed to sea without presenting an unreasonable threat of harm to the marine environment or the public health and welfare. The detention order may authorize the ship to proceed to the nearest appropriate available shipyard rather than remaining at the place where the violation was discovered. (f) Ship clearance; refusal or revocation If a ship is under a detention order under this section, the Secretary may refuse or revoke the clearance required by section 60105 of title 46. (g) Review of detention orders; petition; deter- mination by Secretary A person whose ship is subject to a detention order under this section may petition the Sec- retary, in the manner prescribed by regulation, to review the detention order. Upon receipt of a petition under this subsection, the Secretary shall affirm, modify, or withdraw the detention order within the time prescribed by regulation. (h) Compensation for loss or damage A ship unreasonably detained or delayed by the Secretary acting under the authority of this chapter is entitled to compensation for any loss or damage suffered thereby. (Pub. L. 96–478, § 5, Oct. 21, 1980, 94 Stat. 2298; Pub. L. 110–280, § 6, July 2

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