33 U.S.C. § 1411 — Prohibited acts

Page 606 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1411 (l) ‘‘Transport’’ or ‘‘transportation’’ refers to the carriage and related handling of any mate- rial by a vessel, or by any other vehicle, includ- ing aircraft. (m) ‘‘Convention’’ means the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter. (Pub. L. 92–532, § 3, Oct. 23, 1972, 86 Stat. 1052; Pub. L. 93–254, § 1(2), Mar. 22, 1974, 88 Stat. 50; Pub. L. 100–688, title III, § 3201(a), Nov. 18, 1988, 102 Stat. 4153.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, 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. For definition of Canal Zone, referred to in subsec. (d), see section 3602(b) of Title 22, Foreign Relations and Intercourse. The Federal Water Pollution Control Act, as amend- ed, referred to in subsec. (f), 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 generally to chapter 26 (§ 1251 et seq.) 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. The Atomic Energy Act of 1954, as amended, referred to in subsec. (f), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is clas- sified principally to chapter 23 (§ 2011 et seq.) of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2011 of Title 42 and Tables. AMENDMENTS 1988—Subsecs. (k) to (m). Pub. L. 100–688 added sub- sec. (k) and redesignated former subsecs. (k) and (l) as (l) and (m), respectively. 1974—Subsec. (c). Pub. L. 93–254, § 1(2)(A), substituted ‘‘sewage from vessels within the meaning of section 1322 of this title. Oil within the meaning of section 1321 of this title shall be included only to the extent that such oil is taken on board a vessel or aircraft for the purpose of dumping.’’ for ‘‘oil within the meaning of section 11 of the Federal Water Pollution Control Act and does not mean sewage from vessels within the meaning of section 13 of such Act.’’ Subsec. (l). Pub. L. 93–254, § 1(2)(C), added subsec. (l). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–254 effective Mar. 22, 1974, see section 2 of Pub. L. 93–254, set out in part as a note under section 1401 of this title. TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE CANAL ZONE For termination of the United States District Court for the District of the Canal Zone at end of the ‘‘transi- tion period’’, being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Para- graph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96–70, title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes under section 1331 of Title 43, Public Lands. SUBCHAPTER I—REGULATION § 1411. Prohibited acts (a) Except as may be authorized by a permit issued pursuant to section 1412 or section 1413 of this title, and subject to regulations issued pur- suant to section 1418 of this title, (1) no person shall transport from the United States, and (2) in the case of a vessel or aircraft reg- istered in the United States or flying the United States flag or in the case of a United States department, agency, or instrumen- tality, no person shall transport from any lo- cation any material for the purpose of dumping it into ocean waters. (b) Except as may be authorized by a permit issued pursuant to section 1412 of this title, and subject to regulations issued pursuant to section 1418 of this title, no person shall dump any ma- terial transported from a location outside the United States (1) into the territorial sea of the United States, or (2) into a zone contiguous to the territorial sea of the United States, extend- ing to a line twelve nautical miles seaward from the base line from which the breadth of the ter- ritorial sea is measured, to the extent that it may affect the territorial sea or the territory of the United States. (Pub. L. 92–532, title I, § 101, Oct. 23, 1972, 86 Stat. 1053; Pub. L. 93–254, § 1(3), Mar. 22, 1974, 88 Stat. 51.) Editorial Notes AMENDMENTS 1974—Subsec. (a). Pub. L. 93–254 incorporated existing provisions in introductory text, substituting reference to permits issued under section 1412 or section 1413 of this title for prior reference to such issuance under this subchapter; incorporated existing provisions in item designated (1); added item (2); and substituted prohibi- tion against transportation of any material for ocean dumping for former prohibition against such dumping of any radiological, chemical, or biological warfare agent or any high-level radioactive waste, or any other material. Subsec. (b). Pub. L. 93–254 substituted reference to permits issued under section 1412 of this title for former reference to such issuance under this sub- chapter, made any ocean dumping subject to regula- tions issued under section 1418 of this title, and sub- stituted prohibition against dumping of any material for former prohibition against dumping of any radio- logical, chemical, or biological warfare agent or any high-level radioactive waste, or any other material. Subsec. (c). Pub. L. 93–254 struck out subsec. (c) which prohibited any officer, employee, agent, depart- ment, agency, or instrumentality of the United States from transporting from any location outside the United States any radiological, chemical, or biological warfare agent or any high-level radioactive waste, or, except as may be authorized in a permit, any other material for purpose of dumping in ocean waters. See subsec. (b) of this section. Page 607 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1412 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–254 effective Mar. 22, 1974, see section 2 of Pub. L. 93–254, set out in part as a note under section 1401 of this title. EFFECTIVE DATE Pub. L. 92–532, title I, § 110(a), Oct. 23, 1972, 86 Stat. 1060, provided that: ‘‘This title [this subchapter] shall take effect six months after the date of the enactment of this Act [Oct. 23, 1972].’’ SAVINGS PROVISION Pub. L. 92–532, title I, § 110(b), Oct. 23, 1972, 86 Stat. 1060, provided that: ‘‘No legal action begun, or right of action accrued, prior to the effective date of this title [this subchapter] shall be affected by any provision of this title [this subchapter].’’ Executive Documents TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes under section 1331 of Title 43, Public Lands. § 1412. Dumping permit program (a) Environmental Protection Agency permits Except in relation to dredged material, as pro- vided for in section 1413 of this title, and in rela- tion to radiological, chemical, and biological warfare agents, high-level radioactive waste, and medical waste, for which no permit may be issued, the Administrator may issue permits, after notice and opportunity for public hearings, for the transportation from the United States or, in the case of an agency or instrumentality of the United States, or in the case of a vessel or aircraft registered in the United States or flying the United States flag, for the transpor- tation from a location outside the United States, of material for the purpose of dumping it into ocean waters, or for the dumping of mate- rial into the waters described in section 1411(b) of this title, where the Administrator deter- mines that such dumping will not unreasonably degrade or endanger human health, welfare, or amenities, or the marine environment, ecologi- cal systems, or economic potentialities. The Ad- ministrator shall establish and apply criteria for reviewing and evaluating such permit applica- tions, and, in establishing or revising such cri- teria, shall consider, but not be limited in his consideration to, the following : (A) The need for the proposed dumping. (B) The effect of such dumping on human health and welfare, including economic, es- thetic, and recreational values. (C) The effect of such dumping on fisheries resources, plankton, fish, shellfish, wildlife, shore lines and beaches. (D) The effect of such dumping on marine ecosystems, particularly with respect to— (i) the transfer, concentration, and disper- sion of such material and its byproducts through biological, physical, and chemical processes. (ii) potential changes in marine ecosystem diversity, productivity, and stability, and (iii) species and community population dy- namics. (E) The persistence and permanence of the effects of the dumping. (F) The effect of dumping particular volumes and concentrations of such materials. (G) Appropriate locations and methods of disposal or recycling, including land-based al- ternatives and the probable impact of requir- ing use of such alternate locations or methods upon considerations affecting the public inter- est. (H) The effect on alternate uses of oceans, such as scientific study, fishing, and other liv- ing resource exploitation, and non-living re- source exploitation. (I) In designating recommended sites, the Administrator shall utilize wherever feasible locations beyond the edge of the Continental Shelf. In establishing or revising such criteria, the Ad- ministrator shall consult with Federal, State, and local officials, and interested members of the general public, as may appear appropriate to the Administrator. With respect to such criteria as may affect the civil works program of the De- partment of the Army, the Administrator shall also consult with the Secretary. In reviewing applications for permits, the Administrator shall make such provision for consultation with interested Federal and State agencies as he deems useful or necessary. No permit shall be issued for a dumping of material which will vio- late applicable water quality standards. To the extent that he may do so without relaxing the requirements of this subchapter, the Adminis- trator, in establishing or revising such criteria, shall apply the standards and criteria binding upon the United States under the Convention, including its Annexes. (b) Permit categories The Administrator may establish and issue various categories of permits, including the gen- eral permits described in section 1414(c) of this title. (c) Designation of sites (1) In general The Administrator shall, in a manner con- sistent with the criteria established pursuant to subsection (a), designate sites or time peri- ods for dumping. The Administrator shall des- ignate sites or time periods for dumping that will mitigate adverse impact on the environ- ment to the greatest extent practicable. (2) Prohibitions regarding site or time period In any case where the Administrator deter- mines that, with respect to certain materials, it is necessary to prohibit dumping at a site or during a time period, the Administrator shall prohibit the dumping of such materials in such site or during such time period. This pro- hibition shall apply to any dumping at the site or during such time period. This prohibition shall apply to any dumping at the site or dur- ing the time period, including any dumping under section 1413(e) of this title. (3) Dredged material disposal sites In the case of dredged material disposal sites, the Administrator, in conjunction with