33 U.S.C. § 1413 — Dumping permit program for dredged

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 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-