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33 U.S.C. § 1414 — Emergency dumping of industrial waste
Federal law — U.S. Code and appendices · legal_authorities
**(a) Issuance of emergency permits** Notwithstanding section 104B of the Marine Protection, Research, and Sanctuaries Act of 1972 [[33 U.S.C. 1414b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1414b&num=0&edition=prelim)], after December 31, 1981, the Administrator may issue emergency permits under title I of such Act [[33 U.S.C. 1411](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1411&num=0&edition=prelim) et seq.] for the dumping of industrial waste into ocean waters, or into waters described in such section 101(b) [[33 U.S.C. 1411(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1411/b&num=0&edition=prelim)], if the Administrator determines that there has been demonstrated to exist an emergency, requiring the dumping of such waste, which poses an unacceptable risk relating to human health and admits of no other feasible solution. As used herein, “emergency” refers to situations requiring action with a marked degree of urgency.
**(b) “Industrial waste” defined** For purposes of this section, the term “industrial waste” means any solid, semisolid, or liquid waste generated by a manufacturing or processing plant.
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Source file: Laws/federal/codes/united-states-code/title-33/section-1414-emergency-dumping-of-industrial-waste--be5386bedc.md
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Source location: Title 33, Chapter 27, § 1414; chapter-027-ocean-dumping.md
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**(a) Issuance of emergency permits** Notwithstanding section 104B of the Marine Protection, Research, and Sanctuaries Act of 1972 [[33 U.S.C. 1414b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1414b&num=0&edition=prelim)], after December 31, 1981, the Administrator may issue emergency permits under title I of such Act [[33 U.S.C. 1411](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1411&num=0&edition=prelim) et seq.] for the dumping of industrial waste into ocean waters, or into waters described in such section 101(b) [[33 U.S.C. 1411(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1411/b&num=0&edition=prelim)], if the Administrator determines that there has been demonstrated to exist an emergency, requiring the dumping of such waste, which poses an unacceptable risk relating to human health and admits of no other feasible solution. As used herein, “emergency” refers to situations requiring action with a marked degree of urgency.
**(b) “Industrial waste” defined** For purposes of this section, the term “industrial waste” means any solid, semisolid, or liquid waste generated by a manufacturing or processing plant.
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1401
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Designated and included conditions** Permits issued under this subchapter shall designate and include (1) the type of material authorized to be transported for dumping or to be dumped; (2) the amount of material authorized to be transported for dumping or to be dumped; (3) the location where such transport for dumping will be terminated or where such dumping will occur; (4) such requirements, limitations, or conditions as are necessary to assure consistency with any site management plan approved 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); (5) any special provisions deemed necessary by the Administrator or the Secretary, as the case may be, after consultation with the Secretary of the Department in which the Coast Guard is operating, for the monitoring and surveillance of the transportation or dumping; and (6) such other matters as the Administrator or the Secretary, as the case may be, deems appropriate. Permits issued under this subchapter shall be issued for a period of not to exceed 7 years.
**(b) Permit processing fees; reporting requirements** The Administrator or the Secretary, as the case may be, may prescribe such processing fees for permits and such reporting requirements for actions taken pursuant to permits issued by him under this subchapter as he deems appropriate.
**(c) General permits** Consistent with the requirements of sections 1412 and 1413 of this title, but in lieu of a requirement for specific permits in such case, the Administrator or the Secretary, as the case may be, may issue general permits for the transportation for dumping, or dumping, or both, of specified materials or classes of materials for which he may issue permits, which h
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this title, the following definitions apply:
(1) **Apportionment.—** — The term “apportionment” includes unexpended apportionments made under prior authorization laws.
(2) **Asset management.—** — The term “asset management” means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost.
(3) **Carpool project.—** — The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided.
(4) **Construction.—** — The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bon
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Federal law — U.S. Code and appendices · legal_authorities
Page 606
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1411
(l) ‘‘Transport’’ or ‘‘transportation’’ refers to
the carriage and related handling of any mate-
rial by a vessel, or by any other vehicle, includ-
ing aircraft.
(m) ‘‘Convention’’ means the Convention on
the Prevention of Marine Pollution by Dumping
of Wastes and Other Matter.
(Pub. L. 92–532, § 3, Oct. 23, 1972, 86 Stat. 1052;
Pub. L. 93–254, § 1(2), Mar. 22, 1974, 88 Stat. 50;
Pub. L. 100–688, title III, § 3201(a), Nov. 18, 1988,
102 Stat. 4153.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in text, means Pub. L. 92–532,
which is classified generally to this chapter, chapter 41
(§ 2801 et seq.) of this title, and chapters 32 (§ 1431 et
seq.) and 32A (§ 1447 et seq.) of Title 16, Conservation.
For definition of Canal Zone, referred to in subsec.
(d), see section 3602(b) of Title 22, Foreign Relations
and Intercourse.
The Federal Water Pollution Control Act, as amend-
ed, referred to in subsec. (f), is act June 30, 1948, ch. 758,
as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972,
86 Stat. 816, which is classified generally to chapter 26
(§ 1251 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 1251 of this title and Tables.
The Atomic Energy Act of 1954, as amended, referred
to in subsec. (f), is act Aug. 1, 1946, ch. 724, as added by
act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is clas-
sified principally to chapter 23 (§ 2011 et seq.) of Title 42,
The Public Health and Welfare. For complete classi-
fication of this Act to the Code, see Short Title note
set out under section 2011 of Title 42 and Tables.
AMENDMENTS
1988—Subsecs. (k) to (m). Pub. L. 100–688 added sub-
sec. (k) and redesi
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1411
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Federal law — U.S. Code and appendices · legal_authorities
Page 610
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1414
1412(c) of this title. 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 sub-
sequently designated pursuant to section 1412(c)
of this title; 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 des-
ignated by the Administrator;
(2) the continued use of the alternative site
is necessary to maintain navigation and facili-
tate interstate or international commerce;
and
(3) the Administrator determines that the
continued use of the site does not pose an un-
acceptable risk to human health, aquatic re-
sources, 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 in-
tention to do so and provide necessary and ap-
propriate information concerning the permit
to the Administrator. Within 30 days of receiv-
ing such information, the Administrator shall
review the information and request any addi-
tional information the Administrator deems
necessary to evaluate the proposed permit.
(2) Concurrence by Administrator
Within 45 days after receiving from the Sec-
retary all information the Administrator con-
siders to be necessary to evaluate the proposed
permit, the Administrator shall, in writing,
concur with (either entirely or with condi-
tions) or decline to concur with the deter-
mination 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 environ-
mental
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1414
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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. § 1414b
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