33 U.S.C. § 1412a — Emergency dumping of industrial waste

Page 609 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1413 1974—Subsec. (a). Pub. L. 93–254, § 1(4)(A), substituted ‘‘for which no permit may be issued,’’ for ‘‘as provided for in section 1411 of this title,’’, inserted ‘‘or in the case of a vessel or aircraft registered in the United States or flying the United States flag,’’ after ‘‘instru- mentality of the United States,’’, and required the Ad- ministrator to apply the standards and criteria binding upon the United States under the Convention, includ- ing its Annexes. Subsec. (e). Pub. L. 93–254, § 1(4)(B), added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1974 AMENDMENT Pub. L. 93–254, § 2, Mar. 22, 1974, 88 Stat. 51, provided in part that: ‘‘The amendments made by subparagraph 1(4)(A)(iii) and paragraph 1(4)(B) of this Act [enacting provision of subsec. (a) respecting application of stand- ards by Administrator and subsec. (e) of this section] shall become effective on the date that the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matters enters into force for the United States.’’ [The Convention entered into force for the United States Aug. 30, 1975.] Amendment of subsec. (a) of this section, other than last sentence, 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 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. § 1412a. Emergency dumping of industrial waste (a) Issuance of emergency permits Notwithstanding section 104B of the Marine Protection, Research, and Sanctuaries Act of 1972 [33 U.S.C. 1414b], after December 31, 1981, the Administrator may issue emergency permits under title I of such Act [33 U.S.C. 1411 et seq.] for the dumping of industrial waste into ocean waters, or into waters described in such section 101(b) [33 U.S.C. 1411(b)], if the Administrator de- termines that there has been demonstrated to exist an emergency, requiring the dumping of such waste, which poses an unacceptable risk re- lating to human health and admits of no other feasible solution. As used herein, ‘‘emergency’’ refers to situations requiring action with a marked degree of urgency. (b) ‘‘Industrial waste’’ defined For purposes of this section, the term ‘‘indus- trial waste’’ means any solid, semisolid, or liq- uid waste generated by a manufacturing or proc- essing plant. (Pub. L. 95–153, § 4, Nov. 4, 1977, 91 Stat. 1255; Pub. L. 96–572, § 2, Dec. 22, 1980, 94 Stat. 3344; Pub. L. 100–688, title I, § 1003(a), Nov. 18, 1988, 102 Stat. 4149.) Editorial Notes REFERENCES IN TEXT The Marine Protection, Research, and Sanctuaries Act of 1972, referred to in subsec. (a), is Pub. L. 92–532, Oct. 23, 1972, 86 Stat. 1052. Title I of the Act is classified generally to this subchapter. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1401 of this title and Tables. Such section 101(b), referred to in subsec. (b), means section 101(b) of the Marine Protection, Research, and Sanctuaries Act of 1972. CODIFICATION Section was not enacted as part of the Marine Protec- tion, Research, and Sanctuaries Act of 1972 which com- prises this chapter. AMENDMENTS 1988—Subsec. (a). Pub. L. 100–688, § 1003(a)(1), (3)–(5), redesignated subsec. (c) as (a), substituted ‘‘Notwith- standing section 104B of the Marine Protection, Re- search, and Sanctuaries Act of 1972 after’’ for ‘‘After’’, and ‘‘title I of such Act’’ for ‘‘such title I’’. Former sub- sec. (a), which related to cessation of dumping, with ex- ceptions, was struck out. Subsec. (b). Pub. L. 100–688, § 1003(a)(2), (7), added sub- sec. (b). Former subsec. (b), which related to issuance of permits for dumping of industrial waste, was struck out. Subsec. (c). Pub. L. 100–688, § 1003(a)(3), redesignated subsec. (c) as (a). Subsec. (d). Pub. L. 100–688, § 1003(a)(6), struck out subsec. (d) which related to definitions. 1980—Subsec. (a). Pub. L. 96–572, § 2(1), inserted appli- cability to industrial waste, exceptions respecting sub- secs. (b) and (c) of this section, and conforming changes in phraseology. Subsec. (b). Pub. L. 96–572, § 2(2), added subsec. (b). Former subsec. (b), defining ‘‘sewage sludge’’, was struck out. Subsecs. (c), (d). Pub. L. 96–572, § 2(2), added subsecs. (c) and (d). § 1413. Dumping permit program for dredged material (a) Issuance by Secretary of the Army Subject to the provisions of subsections (b), (c), and (d) of this section, the Secretary may issue permits, after notice and opportunity for public hearings, for the transportation of dredged material for the purpose of dumping it into ocean waters, where the Secretary deter- mines that the dumping will not unreasonably degrade or endanger human health, welfare, or amenities, or the marine environment, ecologi- cal systems, or economic potentialities. (b) Independent determination of need for dump- ing, other methods of disposal, and appro- priate locations; alternative sites In making the determination required by sub- section (a), the Secretary shall apply those cri- teria, established pursuant to section 1412(a) of this title, relating to the effects of the dumping. Based upon an evaluation of the potential effect of a permit denial on navigation, economic and industrial development, and foreign and domes- tic commerce of the United States, the Sec- retary shall make an independent determination as to the need for the dumping. The Secretary shall also make an independent determination as to other possible methods of disposal and as to appropriate locations for the dumping. In considering appropriate locations, he shall, to the maximum extent feasible, utilize the rec- ommended sites designated by the Adminis- trator pursuant to section 1412(c) of this title. In any case in which the use of a designated site is not feasible, the Secretary may, with the con- currence of the Administrator, select an alter- native site. The criteria and factors established in section 1412(a) of this title relating to site se- lection shall be used in selecting the alternative site in a manner consistent with the application of such factors and criteria pursuant to section