33 U.S.C. § 1414b — Ocean dumping of sewage sludge and in-

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 dumped at a site designated under sec- tion 1412 of this title other than a site within the Apex. (b) Restriction on use of 106-mile site The Administrator may not issue or renew any permit under this subchapter which authorizes any person, other than a person that is an eligi- ble authority within the meaning of subsection (a)(1)(C), to dump, or to transport for the pur- poses of dumping, municipal sludge within the site designated under section 1412(c) of this title by the Administrator and known as the ‘‘106- Mile Ocean Waste Dump Site’’ (as described in 49 F.R. 19005). (Pub. L. 92–532, title I, § 104A, as added Pub. L. 99–662, title XI, § 1172(b), Nov. 17, 1986, 100 Stat. 4259; Pub. L. 100–4, title V, § 508(b), Feb. 4, 1987, 101 Stat. 79; Pub. L. 100–688, title I, § 1002, Nov. 18, 1988, 102 Stat. 4139.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–688 repealed the second of two iden- tical sections 104A of Pub. L. 92–532, both classified to this section and enacted by Pub. L. 99–662 and Pub. L. 100–4, thereby involving no change in text. Statutory Notes and Related Subsidiaries NEW YORK BIGHT APEX NOT SUITABLE FOR DUMPING Pub. L. 99–662, title XI, § 1172(a), Nov. 17, 1986, 100 Stat. 4259, provided that: ‘‘The Congress finds that the New York Bight Apex is no longer a suitable location for the ocean dumping of municipal sludge.’’ An identical provision was enacted by Pub. L. 100–4, title V, § 508(a), Feb. 4, 1987, 101 Stat. 79. § 1414b. Ocean dumping of sewage sludge and in- dustrial waste (a) Termination of dumping (1) Prohibitions on dumping Notwithstanding any other provision of law— (A) on and after the 270th day after No- vember 18, 1988, no person (including a per- son described in section 1414a(a)(1)(C) of this title) shall dump into ocean waters, or trans- port for the purpose of dumping into ocean waters, sewage sludge or industrial waste, unless such person— (i) has entered into a compliance agree- ment 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 which authorizes such transportation and dumping; and (B) after December 31, 1991, it shall be un- lawful 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 per- mit 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 or by a court order to dump into ocean waters, or to trans- port for the purpose of dumping into ocean wa- ters, sewage sludge or industrial waste on Sep- tember 1, 1988. (b) Special dumping fees (1) In general Subject to paragraph (4), any person who dumps into ocean waters, or transports for the purpose of dumping into ocean waters, sewage sludge or industrial waste shall be liable for a fee equal to— (A) $100 for each dry ton (or equivalent) of sewage sludge or industrial waste trans- ported or dumped by the person on or after the 270th day after November 18, 1988, and before January 1, 1990; (B) $150 for each dry ton (or equivalent) of sewage sludge or industrial waste trans- ported or dumped by the person on or after January 1, 1990, and before January 1, 1991; and (C) $200 for each dry ton (or equivalent) of sewage sludge or industrial waste trans- ported or dumped by the person on or after January 1, 1991, and before January 1, 1992. (2) Payment of fees Of the amount of fees under paragraph (1) for which a person is liable, such person— Page 614 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1414b (A) shall pay into a trust account estab- lished by the person in accordance with sub- section (e) a sum equal to 85 percent of such amount; (B) shall pay to the Administrator a sum equal to $15 per dry ton (or equivalent) of sewage sludge and industrial waste trans- ported or dumped by such person, for use for agency activities as provided in subsection (f)(1); (C) subject to paragraph (5), shall pay into the Clean Oceans Fund established by the State in which the person is located a sum equal to 50 percent of the balance of such amount after application of subparagraphs (A) and (B); and (D) subject to paragraph (5), shall pay to the State in which the person is located a sum equal to the balance of such amount after application of subparagraphs (A), (B), and (C), for deposit into the water pollution control revolving fund established by the State under title VI of the Federal Water Pollution Control Act [33 U.S.C. 1381 et seq.], as provided in subsection (f)(2). (3) Schedule for payment Fees under this subsection shall be paid on a quarterly basis. (4) Waiver of fees (A) The Administrator shall waive all fees under this subsection, other than the portion of fees required to be paid to the Adminis- trator under paragraph (2)(B) for agency ac- tivities, for any person who has entered into a compliance agreement which meets the re- quirements of subsection (c)(2). (B) The Administrator shall reimpose fees under this subsection for a person for whom such fees are waived under subparagraph (A) if the Administrator determines that— (i) the person has failed to comply with the terms of a compliance agreement which the person entered into under subsection (c)(2); and (ii) such failure is likely to result in the person not being able to terminate by De- cember 31, 1991, dumping of sewage sludge or industrial waste into ocean waters. (C) The Administrator may waive fees reim- posed for a person under subparagraph (B) if the Administrator determines that the person has returned to compliance with a compliance agreement which the person entered into under subsection (c)(2). (5) Payments prior to establishment of account (A) In any case in which a State has not es- tablished a Clean Oceans Fund or a water pol- lution control revolving fund under title VI of the Federal Water Pollution Control Act [33 U.S.C. 1381 et seq.], fees required to be paid by a person in that State under paragraph (2)(C) or (D), as applicable, shall be paid to the Ad- ministrator. (B) Amounts paid to the Administrator pur- suant to this paragraph shall be held by the Administrator in escrow until the establish- ment of the fund into which such amounts are required to be paid under paragraph (2), or until the last day of the 1-year period begin- ning on the date of such payment, whichever is earlier, and thereafter— (i) if such fund has been established, shall be paid by the Administrator into the fund; or (ii) if such fund has not been established, shall revert to the general fund of the Treas- ury. (c) Compliance agreements and enforcement agreements (1) In general As a condition of issuing a permit under sec- tion 1412 of this title which authorizes a per- son to transport or dump sewage sludge or in- dustrial waste, the Administrator shall re- quire that, before the issuance of such permit, the person and the State in which the person is located enter into with the Administrator— (A) a compliance agreement which meets the requirements of paragraph (2); or (B) an enforcement agreement which meets the requirements of paragraph (3). (2) Compliance agreements An agreement shall be a compliance agree- ment for purposes of this section only if— (A) it includes a plan negotiated by the person, the State in which the person is lo- cated, and the Administrator that will, in the opinion of the Administrator, if adhered to by the person in good faith, result in the phasing out and termination of ocean dump- ing, and transportation for the purpose of ocean dumping, of sewage sludge and indus- trial waste by such person by not later than December 31, 1991, through the design, con- struction, and full implementation of an al- ternative system for the management of sewage sludge and industrial waste trans- ported or dumped by the person; (B) it includes a schedule which— (i) in the opinion of the Administrator, specifies reasonable dates by which the person shall complete the various activi- ties that are necessary for the timely im- plementation of the alternative system re- ferred to in subparagraph (A); and (ii) meets the requirements of paragraph (4); (C) it requires the person to notify in a timely manner the Administrator and the Governor of the State of any problems the person has in complying with the schedule referred to in subparagraph (B); (D) it requires the Administrator and the Governor of the State to evaluate on an on- going basis the compliance of the person with the schedule referred to in subpara- graph (B); (E) it requires the person to pay in accord- ance with this section all fees and penalties the person is liable for under this section; and (F) it authorizes the person to use interim measures before completion of the alter- native system referred to in subparagraph (A). (3) Enforcement agreements An agreement shall be an enforcement agreement for purposes of this section only if— Page 615 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1414b (A) it includes a plan negotiated by the person, the State in which the person is lo- cated, and the Administrator that will, in the opinion of the Administrator, if adhered to by the person in good faith, result in the phasing out and termination of ocean dump- ing, and transportation for the purpose of ocean dumping, of sewage sludge and indus- trial waste by such person through the de- sign, construction, and full implementation of an alternative system for the manage- ment of sewage sludge and industrial waste transported or dumped by the person; (B) it includes a schedule which— (i) in the opinion of the Administrator, specifies reasonable dates by which the person shall complete the various activi- ties that are necessary for the timely im- plementation of the alternative system re- ferred to in subparagraph (A); and (ii) meets the requirements of paragraph (4); (C) it requires the person to notify in a timely manner the Administrator and the Governor of the State of any problems the person has in complying with the schedule referred to in subparagraph (B); (D) it requires the Administrator and the Governor of the State to evaluate on an on- going basis the compliance of the person with the schedule referred to in subpara- graph (B); (E) it requires the person to pay in accord- ance with this section all fees and penalties the person is liable for under this section; and (F) it authorizes the person to use interim measures before completion of the alter- native system referred to in subparagraph (A). (4) Schedules A schedule included in a compliance agree- ment pursuant to paragraph (2)(B) or an en- forcement agreement pursuant to paragraph (3)(B) shall establish deadlines for— (A) preparation of engineering designs and related specifications for the alternative system referred to in paragraph (2)(A) or paragraph (3)(A), as applicable; (B) compliance with appropriate Federal, State, and local statutes, regulations, and ordinances; (C) site and equipment acquisitions for such alternative system; (D) construction and testing of such alter- native system; (E) operation of such alternative system at full capacity; and (F) any other activities, including interim measures, that the Administrator considers necessary or appropriate. (5) Clean oceans funds (A) Each State that is a party to a compli- ance agreement or an enforcement agreement under this subsection shall establish an inter- est bearing account, to be known as a Clean Oceans Fund, into which a person shall pay fees and penalties in accordance with sub- sections (b)(2)(C) and (d)(2)(C)(i), respectively. (B) A State which establishes a Clean Oceans Fund pursuant to this paragraph shall allocate and pay from the fund each year, to each per- son in the State which has entered into a com- pliance agreement or enforcement agreement under this subsection, a portion of amounts in the fund on the last day of that year which is equal to the sum of— (i) amounts paid by the person into the fund in that year as fees pursuant to sub- section (b)(2)(C) and as penalties pursuant to subsection (d)(2)(C)(i); (ii) amounts paid by the Administrator into the fund in that year as fees held in es- crow for the person pursuant to subsection (b)(5)(B); and (iii) interest on such amounts. (C) Amounts allocated and paid to a person pursuant to subparagraph (B)— (i) shall be used for the purposes described in subsection (e)(2)(B); and (ii) may be used for matching Federal grants. (D) A Clean Oceans Fund established by a State pursuant to this paragraph shall be sub- ject to such accounting, reporting, and other requirements as may be established by the Ad- ministrator to assure accountability of pay- ments into and out of the fund. (6) Public participation The Administrator shall provide an oppor- tunity for public comment regarding the es- tablishment and implementation of compli- ance agreements and enforcement agreements entered into pursuant to this section. (d) Penalties (1) In general In lieu of any other civil penalty under this Act, any person who has entered into a com- pliance agreement or enforcement agreement under subsection (c) and who dumps or trans- ports sewage sludge or industrial waste in vio- lation of subsection (a)(1)(B) shall be liable for a civil penalty, to be assessed by the Adminis- trator, as follows: (A) For each dry ton (or equivalent) of sewage sludge or industrial waste dumped or transported by the person in violation of this subsection in calendar year 1992, $600. (B) For each dry ton (or equivalent) of sewage sludge or industrial waste dumped or transported by the person in violation of this subsection in any year after calendar year 1992, a sum equal to— (i) the amount of penalty per dry ton (or equivalent) for a violation occurring in the preceding calendar year, plus (ii) a percentage of such amount equal to 10 percent of such amount, plus an addi- tional 1 percent of such amount for each full calendar year since December 31, 1991. (2) Payment of penalty Of the amount of penalties under paragraph (1) for which a person is liable, such person— (A) shall pay into a trust account estab- lished by the person in accordance with sub- section (e) a sum which is a percentage of such amount equal to— Page 616 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1414b (i) 90 percent of such amount, reduced by (ii) 5 percent of such amount for each full calendar year since December 31, 1991; (B) shall pay to the Administrator a sum equal to $15 per dry ton (or equivalent) of sewage sludge and industrial waste trans- ported or dumped by such person in that year, for use for agency activities as pro- vided in subsection (f)(1); (C) for violations in any year before cal- endar year 1995— (i) subject to paragraph (4), shall pay into the Clean Oceans Fund established by the State in which the person is located a sum equal to 50 percent of the balance of such amount; and (ii) subject to paragraph (4), shall pay to the State in which the person is located a sum equal to the portion of such amount which is not paid as provided in subpara- graphs (A), (B), and (C), for deposit into the water pollution control revolving fund established by the State under title VI of the Federal Water Pollution Control Act [33 U.S.C. 1381 et seq.], as provided in sub- section (f)(2); and (D) for violations in any year after cal- endar year 1994, shall pay to the State in which the person is located a sum equal to the balance of such amount, for use by the State for providing assistance under sub- section (f)(3). (3) Schedule for payment Penalties under this subsection shall be paid on a quarterly basis. (4) Payments prior to establishment of account In any case in which a State has not estab- lished a Clean Oceans Fund or a water pollu- tion control revolving fund under title VI of the Federal Water Pollution Control Act, pen- alties required to be paid by a person in that State under paragraph (2)(C)(i) or (ii), as appli- cable, shall be paid to the Administrator for holding and payment or reversion, as applica- ble, in the same manner as fees are held and paid or revert under subsection (b)(5). (e) Trust account (1) In general A person who enters into a compliance agreement or an enforcement agreement under subsection (c) shall establish a trust account for the payment and use of fees and penalties under this section. (2) Trust account requirements An account shall be a trust account for pur- poses of this subsection only if it meets, to the satisfaction of the Administrator, the fol- lowing requirements: (A) Amounts in the account may be used only with the concurrence of the person who establishes the account and the Adminis- trator; except that the person may use amounts in the account for a purpose au- thorized by subparagraph (B) after 60 days after notification of the Administrator if the Administrator does not disapprove such use before the end of such 60-day period. (B) Amounts in the account may be used only for projects which will identify, de- velop, and implement— (i) an alternative system, and any in- terim measures, for the management of sewage sludge and industrial waste, in- cluding but not limited to any such system or measures utilizing resource recovery, recycling, thermal reduction, or composting techniques; or (ii) improvements in pretreatment, treatment, and storage techniques for sew- age sludge and industrial waste to facili- tate the implementation of such alter- native system or interim measures. (C) Upon a finding by the Administrator that a person did not pay fees or penalties into an account as required by this section, or did not use amounts in the account in ac- cordance with this subsection, the balance of the amounts in the account shall be paid to the State in which the person is located, for deposit into the water pollution control re- volving fund established by the State under title VI of the Federal Water Pollution Con- trol Act [33 U.S.C. 1381 et seq.], as provided in subsection (f)(2). (3) Use of unexpended amounts Upon a determination by the Administrator that a person has terminated ocean dumping of sewage sludge or industrial waste, the bal- ance of amounts in an account established by the person under this subsection shall be paid to the person for use— (A) for debts incurred by the person in complying with this Act or the Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.]; (B) in meeting the requirements of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) which apply to the per- son, including operations and maintenance; and (C) for matching Federal grants. (4) Use for matching Federal grants Amounts in a trust account under this sub- section may be used for matching Federal grants. (f) Use of fees and penalties (1) Agency activities Of the total amount of fees and penalties paid to the Administrator in a fiscal year pur- suant to subsections (b)(2)(B) and (d)(2)(B), re- spectively— (A) not to exceed one-third of such total amount shall be used by the Administrator for— (i) costs incurred or expected to be in- curred in undertaking activities directly associated with the issuance under this Act of permits for the transportation or dumping of sewage sludge and industrial waste, including the costs of any environ- mental assessment of the direct effects of dumping under the permits; (ii) preparation of reports under sub- section (i); and (iii) such other research, studies, and projects the Administrator considers nec- Page 617 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1414b 1 See References in Text note below. essary for, and consistent with, the devel- opment and implementation of alternative systems for the management of sewage sludge and industrial waste; (B) not to exceed one-third of such total amount shall be transferred to the Secretary of the department in which the Coast Guard is operating for use for— (i) Coast Guard surveillance of transpor- tation and dumping of sewage sludge and industrial waste subject to this Act; and (ii) such enforcement activities con- ducted by the Coast Guard with respect to such transportation and dumping as may be necessary to ensure to the maximum extent practicable complete compliance with the requirements of this Act; and (C) not to exceed one-third of such total amount shall be transferred to the Under Secretary of Commerce for Oceans and At- mosphere for use for— (i) monitoring, research, and related ac- tivities consistent with the program devel- oped pursuant to subsection (j)(1); and (ii) preparing annual reports to the Con- gress pursuant to subsection (j)(4) 1 which describe the results of such monitoring, re- search, and activities. (2) Deposits into State water pollution control revolving fund (A) Amounts paid to a State pursuant to subsection (b)(2)(D), (d)(2)(C)(ii), or (e)(2)(C) shall be deposited into the water pollution control revolving fund established by the State pursuant to title VI of the Federal Water Pollution Control Act [33 U.S.C. 1381 et seq.]. (B) Amounts deposited into a State water pollution control revolving fund pursuant to this paragraph— (i) shall not be used by the State to pro- vide assistance to the person who paid such amounts for development or implementation of any alternative system; (ii) shall not be considered to be State matching amounts under title VI of the Fed- eral Water Pollution Control Act; and (iii) shall not be subject to State matching requirements under such title. (3) Penalty payments to States after 1994 (A) Amounts paid to a State as penalties pursuant to subsection (d)(2)(D) may be used by the State— (i) for providing assistance to any person in the State— (I) for implementing a management pro- gram under section 319 of the Federal Water Pollution Control Act [33 U.S.C. 1329]; (II) for developing and implementing a conservation and management plan under section 320 of such Act [33 U.S.C. 1330]; or (III) for implementing technologies and management practices necessary for con- trolling pollutant inputs adversely affect- ing the New York Bight, as such inputs are identified in the New York Bight Restora- tion Plan prepared under section 2301 of the Marine Plastic Pollution Research and Control Act of 1987; and (ii) for providing assistance to any person in the State who was not required to pay such penalties for construction of treatment works (as defined in section 212 of the Fed- eral Water Pollution Control Act [33 U.S.C. 1292]) which are publicly owned. (B) Amounts paid to a State as penalties pursuant to subsection (d)(2)(D) which are not used in accordance with subparagraph (A) shall be deposited into the water pollution control revolving fund established by the State under title VI of the Federal Water Pol- lution Control Act. Amounts deposited into such a fund pursuant to this subparagraph— (i) shall not be used by the State to pro- vide assistance to the person who paid such amounts; (ii) shall not be considered to be State matching amounts under title VI of the Fed- eral Water Pollution Control Act; and (iii) shall not be subject to State matching requirements under such title. (4) Deposits into Treasury as offsetting collec- tions Amounts of fees and penalties paid to the Administrator pursuant to subsection (b)(2)(B) or (d)(2)(B) which are used by an agency in ac- cordance with paragraph (1) shall be deposited into the Treasury as offsetting collections of the agency. (g) Enforcement (1) In general Whenever, on the basis of any information available, the Administrator finds that a per- son is dumping or transporting sewage sludge or industrial waste in violation of subsection (a)(1), the Administrator shall issue an order requiring such person to terminate such dumping or transporting (as applicable) until such person— (A) enters into a compliance agreement or an enforcement agreement under subsection (c); and (B) obtains a permit under section 1412 of this title which authorizes such dumping or transporting. (2) Requirements of order Any order issued by the Administrator under this subsection— (A) shall be delivered by personal service to the person named in the order; (B) shall state with reasonable specificity the nature of the violation for which the order is issued; and (C) shall require that the person named in the order, as a condition of dumping into ocean waters, or transporting for the pur- pose of dumping into ocean waters, sewage sludge or industrial waste— (i) shall enter into a compliance agree- ment or an enforcement agreement under subsection (c); and (ii) shall obtain a permit under section 1412 of this title which authorizes such dumping or transporting. Page 618 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1414b (3) Actions The Administrator may request the Attor- ney General to commence a civil action for ap- propriate relief, including a temporary or per- manent injunction and the imposition of civil penalties authorized by subsection (d)(1), for any violation of subsection (a)(1) or of an order issued by the Administrator under this section. Such an action may be brought in the district court of the United States for the dis- trict in which the defendant is located, re- sides, or is doing business, and such court shall have jurisdiction to restrain such viola- tion and require compliance with subsection (a)(1) and any such order. (h) State progress reports (1) In general The Governor of each State that is a party to a compliance agreement or an enforcement agreement under subsection (c) shall submit to the Administrator on September 30 of 1989 and of every year thereafter until the Admin- istrator determines that ocean dumping of sewage sludge and industrial waste by persons located in that State has terminated, a report which describes— (A) the efforts of each person located in the State to comply with a compliance agreement or enforcement agreement en- tered into by the person pursuant to sub- section (c), including the extent to which such person has complied with deadlines es- tablished by the schedule included in such agreement; (B) activity of the State regarding permits for the construction and operation of each alternative system; and (C) an accounting of amounts paid into and withdrawn from a Clean Oceans Fund estab- lished by the State. (2) Failure to submit report If a State fails to submit a report in accord- ance with this subsection, the Administrator shall withhold funds reserved for such State under section 205(g) of the Federal Water Pol- lution Control Act (33 U.S.C. 1285(g)). Funds withheld pursuant to this paragraph may, at the discretion of the Administrator, be re- stored to a State upon compliance with this subsection. (i) EPA progress reports (1) In general Not later than December 31 of 1989 and of each year thereafter until the Administrator determines that ocean dumping of sewage sludge and industrial waste has terminated, the Administrator shall prepare and submit to the Congress a report on— (A) progress being made by persons issued permits under section 1412 of this title for transportation or dumping of sewage sludge or industrial waste in developing alternative systems for managing sewage sludge and in- dustrial waste; (B) the efforts of each such person to com- ply with a compliance agreement or enforce- ment agreement entered into by the person pursuant to subsection (c), including the ex- tent to which such person has complied with deadlines established by the schedule in- cluded in such agreement; (C) progress being made by the Adminis- trator and others in identifying and imple- menting alternative systems for the man- agement of sewage sludge and industrial waste; and (D) progress being made toward the termi- nation of ocean dumping of sewage sludge and industrial waste. (2) Referral to Congressional committees Each report submitted to the Congress under this subsection shall be referred to each stand- ing committee of the House of Representatives and of the Senate having jurisdiction over any part of the subject matter of the report. (j) Environmental monitoring (1) In general The Administrator, in cooperation with the Under Secretary of Commerce for Oceans and Atmosphere, shall design a program for moni- toring environmental conditions— (A) at the Apex site (as that term is de- fined in section 1414a of this title); (B) at the site designated by the Adminis- trator under section 1412(c) of this title and known as the ‘‘106-Mile Ocean Waste Dump Site’’ (as described in 49 F.R. 19005); (C) at the site at which industrial waste is dumped; and (D) within the potential area of influence of the sewage sludge and industrial waste dumped at those sites. (2) Program requirements The program designed under paragraph (1) shall include, but is not limited to— (A) sampling of an appropriate number of fish and shellfish species and other orga- nisms to assess the effects of environmental conditions on living marine organisms in these areas; and (B) use of satellite and other advanced technologies in conducting the program. (3) Monitoring activities The Administrator and the Under Secretary of Commerce for Oceans and Atmosphere shall each conduct monitoring activities consistent with the program designed under paragraph (1). (4) Omitted (k) Definitions For purposes of this section— (1) the term ‘‘alternative system’’ means any method for the management of sewage sludge or industrial waste which does not require a permit under this Act; (2) the term ‘‘Clean Oceans Fund’’ means such a fund established by a State in accord- ance with subsection (c)(5); (3) the term ‘‘excluded material’’ means— (A) any dredged material discharged by the United States Army Corps of Engineers or discharged pursuant to a permit issued by the Secretary in accordance with section 1413 of this title; and (B) any waste from a tuna cannery oper- ation located in American Samoa or Puerto Page 619 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1415 Rico discharged pursuant to a permit issued by the Administrator under section 1412 of this title; (4) the term ‘‘industrial waste’’ means any solid, semisolid, or liquid waste generated by a manufacturing or processing plant, other than an excluded material; (5) the term ‘‘interim measure’’ means any short-term method for the management of sewage sludge or industrial waste, which— (A) is used before implementation of an al- ternative system; and (B) does not require a permit under this Act; and (6) the term ‘‘sewage sludge’’ means any solid, semisolid, or liquid waste generated by a wastewater treatment plant, other than an ex- cluded material. (Pub. L. 92–532, title I, § 104B, as added Pub. L. 100–688, title I, § 1002, Nov. 18, 1988, 102 Stat. 4139.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a)(2), (d)(1), (e)(3)(A), (f)(1)(A)(i), (B), and (k)(1), (5)(B), 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. The Federal Water Pollution Control Act, referred to in subsecs. (b)(2)(D), (5)(A), (d)(2)(C)(ii), (4), (e)(2)(C), (3)(A), (B), (f)(2)(A), (B)(ii), (iii), and (3)(B), 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 gen- erally to chapter 26 (§ 1251 et seq.) of this title. Title VI of that Act is classified to subchapter VI (§ 1381 et seq.) of chapter 26 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. Subsection (j)(4), referred to in subsec. (f)(1)(C)(ii), was omitted from the Code. See Codification note below. Section 2301 of the Marine Plastic Pollution Research and Control Act of 1987, referred to in subsec. (f)(3)(A)(i)(III), is section 2301 of Pub. L. 100–220 which is set out as a note under section 2267 of this title. CODIFICATION Subsec. (j)(4)(A) of this section directed the Adminis- trator, in cooperation with the Under Secretary of Commerce for Oceans and Atmosphere, to submit to Congress a report describing the program designed pur- suant to subsec. (j)(1) of this section not later than one year after Nov. 18, 1988. Subsec. (j)(4)(B) of this section, which required the Administrator and the Under Secretary of Commerce for Oceans and Atmosphere to report annually to Con- gress on monitoring activities conducted under the pro- gram designed pursuant to subsec. (j)(1) of this section, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 148 of House Document No. 103–7. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 1414c. Prohibition on disposal of sewage sludge at landfills on Staten Island (a) In general No person shall dispose of sewage sludge at any landfill located on Staten Island, New York. (b) Exclusion from penalties (1) In general Subject to paragraph (2), a person who vio- lates this section shall not be subject to any penalty under this Act. (2) Injunction Paragraph (1) shall not prohibit the bringing of an action for, or the granting of, an injunc- tion under section 1415 of this title with re- spect to a violation of this section. (c) ‘‘Sewage sludge’’ defined For purposes of this section, the term ‘‘sewage sludge’’ has the meaning such term has in sec- tion 1414b of this title. (Pub. L. 92–532, title I, § 104C, as added Pub. L. 100–688, title I, § 1005, Nov. 18, 1988, 102 Stat. 4150.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (b)(1), 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, Con- servation. § 1415. Penalties (a) Assessment of civil penalty by Administrator; remission or mitigation; court action for ap- propriate relief Any person who violates any provision of this subchapter, or of the regulations promulgated under this subchapter, or a permit issued under this subchapter shall be liable to a civil penalty of not more than $50,000 for each violation to be assessed by the Administrator. In addition, any person who violates this subchapter or any regu- lation issued under this subchapter by engaging in activity involving the dumping of medical waste shall be liable for a civil penalty of not more than $125,000 for each violation, to be as- sessed by the Administrator after written notice and an opportunity for a hearing. No penalty shall be assessed until the person charged shall have been given notice and an opportunity for a hearing of such violation. In determining the amount of the penalty, the gravity of the viola- tion, prior violations, and the demonstrated good faith of the person charged in attempting to achieve rapid compliance after notification of a violation shall be considered by said Adminis- trator. For good cause shown, the Administrator may remit or mitigate such penalty. Upon fail- ure of the offending party to pay the penalty, the Administrator may request the Attorney General to commence an action in the appro- priate district court of the United States for such relief as may be appropriate. (b) Criminal penalties In addition to any action that may be brought under subsection (a)— (1) any person who knowingly violates any provision of this subchapter, any regulation