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33 U.S.C. § 449 — Disposition of dredged matter; persons liable; penalty
Federal law — U.S. Code and appendices · legal_authorities
All mud, dirt, sand, dredgings, and material of every kind and description whatever taken, dredged, or excavated from any slip, basin, or shoal in any harbor subject to this subchapter, and placed on any boat, scow, or vessel for the purpose of being taken or towed upon the waters of that harbor to a place of deposit, shall be deposited and discharged at such place or within such limits as shall be defined and specified by the supervisor of the harbor, as in sections 443 to 448 of this title prescribed, and not otherwise. Every person, firm, or corporation being the owner of any slip, basin, or shoal, from which such mud, dirt, sand, dredgings, and material shall be taken, dredged, or excavated, and every person, firm, or corporation in any manner engaged in the work of dredging or excavating any such slip, basin, or shoal, or of removing such mud, dirt, sand, or dredgings therefrom, shall severally be responsible for the deposit and discharge of all such mud, dirt, sand, or dredgings at such place or within such limits so defined and prescribed by said supervisor of the harbor; and for every violation of the provisions of this section the person offending shall be guilty of an offense, and shall be punished by a fine equal to the sum of $5 for every cubic yard of mud, dirt, sand, dredgings, or material not deposited or discharged as required by this section.
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Source file: Laws/federal/codes/united-states-code/title-33/section-449-disposition-of-dredged-matter-persons-liable-penalty--da63aed917.md
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Source location: Title 33, Chapter 9, § 449; chapter-009-protection-of-navigable-waters-and-of-harbor-and-river-improvements-generally.md
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All mud, dirt, sand, dredgings, and material of every kind and description whatever taken, dredged, or excavated from any slip, basin, or shoal in any harbor subject to this subchapter, and placed on any boat, scow, or vessel for the purpose of being taken or towed upon the waters of that harbor to a place of deposit, shall be deposited and discharged at such place or within such limits as shall be defined and specified by the supervisor of the harbor, as in sections 443 to 448 of this title prescribed, and not otherwise. Every person, firm, or corporation being the owner of any slip, basin, or shoal, from which such mud, dirt, sand, dredgings, and material shall be taken, dredged, or excavated, and every person, firm, or corporation in any manner engaged in the work of dredging or excavating any such slip, basin, or shoal, or of removing such mud, dirt, sand, or dredgings therefrom, shall severally be responsible for the deposit and discharge of all such mud, dirt, sand, or dredgings at such place or within such limits so defined and prescribed by said supervisor of the harbor; and for every violation of the provisions of this section the person offending shall be guilty of an offense, and shall be punished by a fine equal to the sum of $5 for every cubic yard of mud, dirt, sand, dredgings, or material not deposited or discharged as required by this section.
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Federal law — U.S. Code and appendices · legal_authorities
In all cases of receiving on board of any scows or boats such forbidden matter or substance as described in [section 441 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section441&num=0&edition=prelim), the owner or master, or person acting in such capacity on board of such scows or boats, before proceeding to take or tow the same to the place of deposit, shall apply for and obtain from the supervisor of the harbor appointed, as provided in [section 451 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section451&num=0&edition=prelim), a permit defining the precise limits within which the discharge of such scows or boats may be made; and it shall not be lawful for the owner or master, or person acting in such capacity, of any tug or towboat to tow or move any scow or boat so loaded with such forbidden matter until such permit shall have been obtained; and every person violating the foregoing provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than $1,000 nor less than $500, and in addition thereto the master of any tug or towboat so offending shall have his license revoked or suspended for a term to be fixed by the judge before whom tried and convicted.
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Federal law — U.S. Code and appendices · legal_authorities
The placing, discharging, or depositing, by any process or in any manner, of refuse, dirt, ashes, cinders, mud, sand, dredgings, sludge, acid, or any other matter of any kind, other than that flowing from streets, sewers, and passing therefrom in a liquid state, in the waters of any harbor subject to this subchapter, within the limits which shall be prescribed by the supervisor of the harbor, is strictly forbidden, and every such act is made a misdemeanor, and every person engaged in or who shall aid, abet, authorize, or instigate a violation of this section, shall, upon conviction, be punishable by fine or imprisonment, or both, such fine to be not less than $250 nor more than $2,500, and the imprisonment to be not less than thirty days nor more than one year, either or both united, as the judge before whom conviction is obtained shall decide, one-half of said fine to be paid to the person or persons giving information which shall lead to conviction of this misdemeanor.
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Federal law — U.S. Code and appendices · legal_authorities
Page 79
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 449
in Fourth paragraph, mean act Aug. 18, 1894, ch. 299, 28
Stat. 356, which enacted sections 1, 31, and 452 of this
title and amended sections 443 to 448 and 499 of this
title. For complete classification of this Act to the
Code, see Tables.
Sections 443 to 448 of this title, referred to in the Sec-
ond paragraph, were in the original ‘‘this section of
this Act’’ meaning section 3 of act June 29, 1888, which
enacted sections 443 to 448 of this title. The provision
of section 3 relating to issuance of permits is classified
to section 443 of this title.
CODIFICATION
Section was enacted as part of section 3 of act June
29, 1888. Said section 3 of act June 29, 1888, enacted sec-
tions 443 to 448 of this title. See Codification note set
out under section 443 of this title.
AMENDMENTS
1958—Pub. L. 85–802 substituted ‘‘Each supervisor of a
harbor is authorized and directed to appoint inspectors
and deputy inspectors, and, for the purposes of enforc-
ing this subchapter’’ for ‘‘The supervisor of the harbor
of New York, designated as provided in section 451 of
this title, is authorized and directed to appoint inspec-
tors and deputy inspectors, and for the purpose of en-
forcing sections 1, 31, and this subchapter’’.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
‘‘Magistrate judge’’ substituted in text for ‘‘mag-
istrate’’ pursuant to section 321 of Pub. L. 101–650, set
out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure. Previously, ‘‘magistrate’’ sub-
stituted for ‘‘commissioner’’ pursuant to Pub. L. 90–578.
See chapter 43 (§ 631 et seq.) of Title 28.
EFFECTIVE DATE OF 1958 AMENDMENT
Amendment by Pub. L. 85–802 effective on sixtieth
day after Aug. 28, 1958, see s
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