33 U.S.C. § 1414a — Special provisions regarding certain

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—