33 U.S.C. § 411 — Penalty for wrongful deposit of refuse; use

Page 54 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 411 to 3013 continued Department of the Army under ad- ministrative supervision of Secretary of the Army. ‘‘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’’ was substituted for ‘‘commissioner’’ pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28. TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Trans- portation by Pub. L. 89–670, § 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L. 97–449 amended section 401 of this title to re- flect transfer made by section 6(g)(6)(A) of Pub. L. 89–670, and repealed section 6(g)(6)(A). § 411. Penalty for wrongful deposit of refuse; use of or injury to harbor improvements, and ob- struction of navigable waters generally Every person and every corporation that shall violate, or that shall knowingly aid, abet, au- thorize, or instigate a violation of the provisions of sections 407, 408, 409, 414, and 415 of this title shall be guilty of a misdemeanor, and on convic- tion thereof shall be punished by a fine of up to $25,000 per day, or by imprisonment (in the case of a natural person) for not less than thirty days nor more than one year, or by both such fine and imprisonment, in the discretion of the court, one-half of said fine to be paid to the person or persons giving information which shall lead to conviction. (Mar. 3, 1899, ch. 425, § 16, 30 Stat. 1153; Pub. L. 104–303, title II, § 218(a), Oct. 12, 1996, 110 Stat. 3696.) Editorial Notes CODIFICATION Section is from part of section 16 of act Mar. 3, 1899, popularly known as the ‘‘Rivers and Harbors Appro- priation Act of 1899’’. The balance of such section, re- lating to liability of masters, pilots, and so forth and of vessels engaged in violations, is classified to section 412 of this title. AMENDMENTS 1996—Pub. L. 104–303 substituted ‘‘407, 408, 409, 414, and 415’’ for ‘‘407, 408, and 409’’ and ‘‘of up to $25,000 per day’’ for ‘‘not exceeding twenty-five hundred dollars nor less than five hundred dollars’’. § 412. Liability of masters, pilots, etc., and of ves- sels engaged in violations Any and every master, pilot, and engineer, or person or persons acting in such capacity, re- spectively, on board of any boat or vessel who shall knowingly engage in towing any scow, boat, or vessel loaded with any material speci- fied in section 407 of this title to any point or place of deposit or discharge in any harbor or navigable water, elsewhere than within the lim- its defined and permitted by the Secretary of the Army, or who shall willfully injure or de- stroy any work of the United States con- templated in section 408 of this title, or who shall willfully obstruct the channel of any wa- terway in the manner contemplated in section 409 of this title, shall be deemed guilty of a vio- lation of this Act, and shall upon conviction be punished as provided in section 411 of this title, and shall also have his license revoked or sus- pended for a term to be fixed by the judge before whom tried and convicted. And any boat, vessel, scow, raft, or other craft used or employed in violating any of the provisions of sections 407, 408, 409, 414, and 415 of this title shall be liable for the pecuniary penalties specified in section 411 of this title, and in addition thereto for the amount of the damages done by said boat, ves- sel, scow, raft, or other craft, which latter sum shall be placed to the credit of the appropriation for the improvement of the harbor or waterway in which the damage occurred, and said boat, vessel, scow, raft, or other craft may be pro- ceeded against summarily by way of libel in any district court of the United States having juris- diction thereof. (Mar. 3, 1899, ch. 425, § 16, 30 Stat. 1153; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L. 104–303, title II, § 218(a)(1), Oct. 12, 1996, 110 Stat. 3696.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is act Mar. 3, 1899, ch. 425, 30 Stat. 1148, popularly known as the Rivers and Harbors Appropriation Act of 1899, which enacted sec- tions 401, 403, 404, 406, 407, 408, 409, 411 to 416, 418, 502, 549, and 687 of this title, and amended section 686 of this title. For complete classification of this Act to the Code, see Tables. CODIFICATION Section is from part of section 16 of act Mar. 3, 1899, popularly known as the ‘‘Rivers and Harbors Appro- priation Act of 1899’’. The balance of such section, re- lating to penalties for the wrongful deposit of refuse, is classified to section 411 of this title. AMENDMENTS 1996—Pub. L. 104–303 substituted ‘‘407, 408, 409, 414, and 415 of this title’’ for ‘‘407, 408, and 409 of this title’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued Department of the Army under ad- ministrative supervision of Secretary of the Army. TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Trans- portation by Pub. L. 89–670, § 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L. 97–449 amended section 401 of this title to re- flect transfer made by section 6(g)(6)(A) of Pub. L. 89–670, and repealed section 6(g)(6)(A).