33 U.S.C. § 1414 — Permit conditions

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 impact of the permit. The Adminis- trator may request one 45-day extension in writing and the Secretary shall grant such re- quest on receipt of the request. (3) Effect of concurrence In any case where the Administrator makes a determination to concur (with or without conditions) or to decline to concur within the time period specified in paragraph (2) the de- termination shall prevail. If the Adminis- trator declines to concur in the determination of the Secretary no permit shall be issued. If the Administrator concurs with conditions the permit shall include such conditions. The Ad- ministrator shall state in writing the reasons for declining to concur or for the conditions of the concurrence. (4) Failure to act If no written documentation is made by the Administrator within the time period provided for in paragraph (2), the Secretary may issue the permit. (5) Compliance with criteria and restrictions Unless the Administrator grants a waiver pursuant to subsection (d), any permit issued by the Secretary shall require compliance with such criteria and restrictions. (d) Waiver of requirements If, in any case, the Secretary finds that, in the disposition of dredged material, there is no eco- nomically feasible method or site available other than a dumping site the utilization of which would result in non-compliance with the criteria established pursuant to section 1412(a) of this title relating to the effects of dumping or with the restrictions established pursuant to section 1412(c) of this title relating to critical areas, he shall so certify and request a waiver from the Administrator of the specific require- ments involved. Within thirty days of the re- ceipt of the waiver request, unless the Adminis- trator finds that the dumping of the material will result in an unacceptably adverse impact on municipal water supplies, shell-fish beds, wild- life, fisheries (including spawning and breeding areas), or recreational areas, he shall grant the waiver. (e) Federal projects involving dredged material In connection with Federal projects involving dredged material, the Secretary may, in lieu of the permit procedure, issue regulations which will require the application to such projects of the same criteria, other factors to be evaluated, the same procedures, and the same requirements which apply to the issuance of permits under subsections (a), (b), (c), and (d) of this section and section 1414(a) and (d) of this title. (Pub. L. 92–532, title I, § 103, Oct. 23, 1972, 86 Stat. 1055; Pub. L. 102–580, title V, §§ 504, 506(b), Oct. 31, 1992, 106 Stat. 4866, 4869.) Editorial Notes AMENDMENTS 1992—Subsec. (b). Pub. L. 102–580, § 506(b), inserted ‘‘maximum’’ before ‘‘extent feasible’’ and inserted three sentences at end. Subsec. (c). Pub. L. 102–580, § 504(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: ‘‘Prior to issuing any permit under this sec- tion, the Secretary shall first notify the Administrator of his intention to do so. In any case in which the Ad- ministrator disagrees with the determination of the Secretary as to compliance with the criteria estab- lished pursuant to section 1412(a) of this title relating to the effects of the dumping or with the restrictions established pursuant to section 1412(c) of this title re- lating to critical areas, the determination of the Ad- ministrator shall prevail. Unless the Administrator grants a waiver pursuant to subsection (d), the Sec- retary shall not issue a permit which does not comply with such criteria and with such restrictions.’’ Subsec. (e). Pub. L. 102–580, § 504(b), inserted before period at end ‘‘and section 1414(a) and (d) of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 6 months after Oct. 23, 1972, see sec- tion 110(a) of Pub. L. 92–532, set out as a note under sec- tion 1411 of this title. § 1414. Permit conditions (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 author- Page 611 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1414 ized 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, limi- tations, or conditions as are necessary to assure consistency with any site management plan ap- proved pursuant to section 1412(c) of this title; (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 op- erating, for the monitoring and surveillance of the transportation or dumping; and (6) such other matters as the Administrator or the Sec- retary, 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 require- ments 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 re- quirement for specific permits in such case, the Administrator or the Secretary, as the case may be, may issue general permits for the transpor- tation for dumping, or dumping, or both, of specified materials or classes of materials for which he may issue permits, which he deter- mines will have a minimal adverse environ- mental impact. (d) Review Any permit issued under this subchapter shall be reviewed periodically and, if appropriate, re- vised. The Administrator or the Secretary, as the case may be, may limit or deny the issuance of permits, or he may alter or revoke partially or entirely the terms of permits issued by him under this subchapter, for the transportation for dumping, or for the dumping, or both, of speci- fied materials or classes of materials, where he finds, based upon monitoring data from the dump site and surrounding area, that such mate- rials cannot be dumped consistently with the criteria and other factors required to be applied in evaluating the permit application. No action shall be taken under this subsection unless the affected person or permittee shall have been given notice and opportunity for a hearing on such action as proposed. (e) Information for review and evaluation of ap- plications The Administrator or the Secretary, as the case may be, shall require an applicant for a per- mit under this subchapter to provide such infor- mation as he may consider necessary to review and evaluate such application. (f) Public information Information received by the Administrator or the Secretary, as the case may be, as a part of any application or in connection with any per- mit granted under this subchapter shall be available to the public as a matter of public record, at every stage of the proceeding. The final determination of the Administrator or the Secretary, as the case may be, shall be likewise available. (g) Display of issued permits A copy of any permit issued under this sub- chapter shall be placed in a conspicuous place in the vessel which will be used for the transpor- tation or dumping authorized by such permit, and an additional copy shall be furnished by the issuing official to the Secretary of the depart- ment in which the Coast Guard is operating, or its designee. (h) Low-level radioactive waste; research pur- poses Notwithstanding any provision of this sub- chapter to the contrary, during the two-year pe- riod beginning on January 6, 1983, no permit may be issued under this subchapter that au- thorizes the dumping of any low-level radio- active waste unless the Administrator of the En- vironmental Protection Agency determines— (1) that the proposed dumping is necessary to conduct research— (A) on new technology related to ocean dumping, or (B) to determine the degree to which the dumping of such substance will degrade the marine environment; (2) that the scale of the proposed dumping is limited to the smallest amount of such mate- rial and the shortest duration of time that is necessary to fulfill the purposes of the re- search, such that the dumping will have mini- mal adverse impact upon human health, wel- fare, and amenities, and the marine environ- ment, ecological systems, economic potentialities, and other legitimate uses; (3) after consultation with the Secretary of Commerce, that the potential benefits of such research will outweigh any such adverse im- pact; and (4) that the proposed dumping will be pre- ceded by appropriate baseline monitoring studies of the proposed dump site and its sur- rounding environment. Each permit issued pursuant to this subsection shall be subject to such conditions and restric- tions as the Administrator determines to be nec- essary to minimize possible adverse impacts of such dumping. (i) Radioactive Material Disposal Impact Assess- ment; Congressional approval (1) Two years after January 6, 1983, the Admin- istrator may not issue a permit under this sub- chapter for the disposal of radioactive waste ma- terial until the applicant, in addition to com- plying with all other requirements of this sub- chapter, prepares, with respect to the site at which the disposal is proposed, a Radioactive Material Disposal Impact Assessment which shall include— (A) a listing of all radioactive materials in each container to be disposed, the number of containers to be dumped, the structural dia- grams of each container, the number of curies of each material in each container, and the ex- posure levels in rems at the inside and outside of each container; Page 612 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1414 (B) an analysis of the environmental impact of the proposed action, at the site at which the applicant desires to dispose of the material, upon human health and welfare and marine life; (C) any adverse environmental effects at the site which cannot be avoided should the pro- posal be implemented; (D) an analysis of the resulting environ- mental and economic conditions if the con- tainers fail to contain the radioactive waste material when initially deposited at the spe- cific site; (E) a plan for the removal or containment of the disposed nuclear material if the container leaks or decomposes; (F) a determination by each affected State whether the proposed action is consistent with its approved Coastal Zone Management Pro- gram; (G) an analysis of the economic impact upon other users of marine resources; (H) alternatives to the proposed action; (I) comments and results of consultation with State officials and public hearings held in the coastal States that are nearest to the af- fected areas; (J) a comprehensive monitoring plan to be carried out by the applicant to determine the full effect of the disposal on the marine envi- ronment, living resources, or human health, which plan shall include, but not be limited to, the monitoring of exterior container radi- ation samples, the taking of water and sedi- ment samples, and fish and benthic animal samples, adjacent to the containers, and the acquisition of such other information as the Administrator may require; and (K) such other information which the Ad- ministrator may require in order to determine the full effects of such disposal. (2) The Administrator shall include, in any permit to which paragraph (1) applies, such terms and conditions as may be necessary to en- sure that the monitoring plan required under paragraph (1)(J) is fully implemented, including the analysis by the Administrator of the sam- ples required to be taken under the plan. (3) The Administrator shall submit a copy of the assessment prepared under paragraph (1) with respect to any permit to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Environ- ment and Public Works of the Senate. (4)(A) Upon a determination by the Adminis- trator that a permit to which this subsection ap- plies should be issued, the Administrator shall transmit such a recommendation to the House of Representatives and the Senate. (B) No permit may be issued by the Adminis- trator under this Act for the disposal of radio- active materials in the ocean unless the Con- gress, by approval of a resolution described in paragraph (D) within 90 days of continuous ses- sion of the Congress beginning on the date after the date of receipt by the Senate and the House of Representatives of such recommendation, au- thorizes the Administrator to grant a permit to dispose of radioactive material under this Act. (C) For purposes of this subsection— (1) continuity of session of the Congress is broken only by an adjournment sine die; (2) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the 90 day calendar pe- riod. (D) For the purposes of this subsection, the term ‘‘resolution’’ means a joint resolution, the resolving clause of which is as follows: ‘‘That the House of Representatives and the Senate ap- prove and authorize the Administrator of the Environmental Protection Agency to grant a permit to lllll under the Marine Protec- tion, Research, and Sanctuaries Act of 1972 to dispose of radioactive materials in the ocean as recommended by the Administrator to the Con- gress on lllll, 19l.’’; the first blank space therein to be filled with the appropriate appli- cant to dispose of nuclear material and the sec- ond blank therein to be filled with the date on which the Administrator submits the rec- ommendation to the House of Representatives and the Senate. (Pub. L. 92–532, title I, § 104, Oct. 23, 1972, 86 Stat. 1056; Pub. L. 97–424, title IV, § 424(a), Jan. 6, 1983, 96 Stat. 2165; Pub. L. 100–17, title I, § 133(c)(1), Apr. 2, 1987, 101 Stat. 172; Pub. L. 102–580, title V, § 507, Oct. 31, 1992, 106 Stat. 4869.) Editorial Notes REFERENCES IN TEXT This Act and the Marine Protection, Research, and Sanctuaries Act of 1972, referred to in subsec. (i)(4)(B), (D), is Pub. L. 92–532, Oct. 23, 1972, 86 Stat. 1052, 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 com- plete classification of this Act to the Code, see Short Title note set out under section 1401 of this title and Tables. AMENDMENTS 1992—Subsec. (a). Pub. L. 102–580, § 507(b), inserted at end ‘‘Permits issued under this subchapter shall be issued for a period of not to exceed 7 years.’’ Pub. L. 102–580, § 507(a), amended cl. (4) generally. Prior to amendment, cl. (4) read as follows: ‘‘the length of time for which the permits are valid and their expi- ration date;’’. Subsec. (d). Pub. L. 102–580, § 507(c), inserted ‘‘, based upon monitoring data from the dump site and sur- rounding area,’’ after ‘‘where he finds’’. 1987—Subsec. (i)(4)(D). Pub. L. 100–17 inserted ‘‘to lllll’’ after ‘‘grant a permit’’. 1983—Subsecs. (h), (i). Pub. L. 97–424 added subsecs. (h) and (i). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 6 months after Oct. 23, 1972, see sec- tion 110(a) of Pub. L. 92–532, set out as a note under sec- tion 1411 of this title. 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. 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—