33 U.S.C. § 1414c — Prohibition on disposal of sewage sludge

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