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33 U.S.C. § 1412a — Prohibited acts

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

33 U.S.C. § 1412a — Prohibited acts

**(a)** Except as may be authorized by a permit issued pursuant to section 1412 or [section 1413 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1413&num=0&edition=prelim), and subject to regulations issued pursuant to [section 1418 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1418&num=0&edition=prelim), (1) no person shall transport from the United States, and (2) in the case of a vessel or aircraft registered in the United States or flying the United States flag or in the case of a United States department, agency, or instrumentality, no person shall transport from any location any material for the purpose of dumping it into ocean waters. **(b)** Except as may be authorized by a permit issued pursuant to [section 1412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1412&num=0&edition=prelim), and subject to regulations issued pursuant to [section 1418 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1418&num=0&edition=prelim), no person shall dump any material transported from a location outside the United States (1) into the territorial sea of the United States, or (2) into a zone contiguous to the territorial sea of the United States, extending to a line twelve nautical miles seaward from the base line from which the breadth of the territorial sea is measured, to the extent that it may affect the territorial sea or the territory of the United States.

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Source location: Title 33, Chapter 27, § 1412a; chapter-027-ocean-dumping.md

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

33 U.S.C. § 1418 — Relationship to other laws

**(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

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

33 U.S.C. § 1413 — Dumping permit program

**(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

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

43 U.S.C. § 1331 — Definitions

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

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

33 U.S.C. § 1401 — Annual reports

**(a) Report by Secretary of Commerce** In March of each year, the Secretary of Commerce shall report to the Congress on his activities under this subchapter during the previous fiscal year. The report shall include— (1) the Secretary’s findings made under [section 1441 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1441&num=0&edition=prelim), including an evaluation of the short-term ecological effects and the social and economic factors involved with the dumping; (2) the results of activities undertaken pursuant to [section 1442 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1442&num=0&edition=prelim); (3) with the concurrence of the Administrator and after consulting with officials of other appropriate Federal agencies, an identification of the short- and long-term research requirements associated with activities under subchapter I, and a description of how Federal research under this subchapter and subchapter I will meet those requirements; and (4) activities of the Department of Commerce under [section 665 of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section665&num=0&edition=prelim). **(b) Report by Administrator** In March of each year, the Administrator shall report to the Congress on his activities during the previous fiscal year under [section 1443 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1443&num=0&edition=prelim). **(c) Report by Under Secretary** On October 31 of each year, the Under Secretary shall report to the Congress the specific programs that the National Oceanic and Atmospheric Administration and the Environmental Protection Agency carried out pursuant to this subchapter in

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

33 U.S.C. § 1412 — Definitions

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

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

33 U.S.C. § 1445 — Research program respecting ocean dumping and other methods of waste disposal

**(a) Cooperation with public authorities, agencies, and institutions, private agencies and institutions, and individuals** The Administrator of the Environmental Protection Agency shall— (1) conduct research, investigations, experiments, training, demonstrations, surveys, and studies for the purpose of— (A) determining means of minimizing or ending, as soon as possible after October 6, 1980, the dumping into ocean waters, or 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), of material which may unreasonably degrade or endanger human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities, and (B) developing disposal methods as alternatives to the dumping described in subparagraph (A); and (2) encourage, cooperate with, promote the coordination of, and render financial and other assistance to appropriate public authorities, agencies, and institutions (whether Federal, State, interstate, or local) and appropriate private agencies, institutions, and individuals in the conduct of research and other activities described in paragraph (1). **(b) Termination date for ocean dumping of sewage sludge not affected** Nothing in this section shall be construed to affect in any way the December 31, 1981, termination date, established in [section 1412a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1412a&num=0&edition=prelim), for the ocean dumping of sewage sludge. **(c) Regional management plans for waste disposal** The Administrator, in cooperation with the Secretary, the Secretary of Commerce, and other officials of appropriate Federal, State, and local agencies, shall ass

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

33 U.S.C. § 1412a — Emergency dumping of industrial waste

Page 609 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1413 1974—Subsec. (a). Pub. L. 93–254, § 1(4)(A), substituted ‘‘for which no permit may be issued,’’ for ‘‘as provided for in section 1411 of this title,’’, inserted ‘‘or in the case of a vessel or aircraft registered in the United States or flying the United States flag,’’ after ‘‘instru- mentality of the United States,’’, and required the Ad- ministrator to apply the standards and criteria binding upon the United States under the Convention, includ- ing its Annexes. Subsec. (e). Pub. L. 93–254, § 1(4)(B), added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1974 AMENDMENT Pub. L. 93–254, § 2, Mar. 22, 1974, 88 Stat. 51, provided in part that: ‘‘The amendments made by subparagraph 1(4)(A)(iii) and paragraph 1(4)(B) of this Act [enacting provision of subsec. (a) respecting application of stand- ards by Administrator and subsec. (e) of this section] shall become effective on the date that the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matters enters into force for the United States.’’ [The Convention entered into force for the United States Aug. 30, 1975.] Amendment of subsec. (a) of this section, other than last sentence, by Pub. L. 93–254 effective Mar. 22, 1974, see section 2 of Pub. L. 93–254, set out in part as a note under section 1401 of this title. EFFECTIVE DATE Section effective 6 months after Oct. 23, 1972, see sec- tion 110(a) of Pub. L. 92–532, set out as a note under sec- tion 1411 of this title. § 1412a. Emergency dumping of industrial waste (a) Issuance of emergency permits Notwithstanding section 104B of the Marine Protection, Research, and Sanctuaries Act of 1972 [33 U.S.C. 1414b], after December 31, 1981, the Adm

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