33 U.S.C. § 1293a — Contained spoil disposal facilities

Page 439 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1293a (June 30, 1948, ch. 758, title II, § 213, as added Pub. L. 94–558, Oct. 19, 1976, 90 Stat. 2639; amend- ed Pub. L. 96–483, § 2(e), Oct. 21, 1980, 94 Stat. 2361.) Editorial Notes AMENDMENTS 1980—Subsec. (d). Pub. L. 96–483 struck out ‘‘(1) all or any portion of the funds retained by such grantee under section 1284(b)(3) of this title, and (2)’’ after ‘‘limited to’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–483 effective Dec. 27, 1977, see section 2(g) of Pub. L. 96–483, set out as a note under section 1281 of this title. § 1293a. Contained spoil disposal facilities (a) Construction, operation, and maintenance; period; conditions; requirements The Secretary of the Army, acting through the Chief of Engineers, is authorized to con- struct, operate, and maintain, subject to the provisions of subsection (c), contained spoil dis- posal facilities of sufficient capacity for a period not to exceed ten years, to meet the require- ments of this section. Before establishing each such facility, the Secretary of the Army shall obtain the concurrence of appropriate local gov- ernments and shall consider the views and rec- ommendations of the Administrator of the Envi- ronmental Protection Agency and shall comply with requirements of section 1171 of this title, and of the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.]. Section 401 of this title shall not apply to any facility authorized by this section. (b) Time for establishment; consideration of area needs; requirements The Secretary of the Army, acting through the Chief of Engineers, shall establish the con- tained spoil disposal facilities authorized in sub- section (a) at the earliest practicable date, tak- ing into consideration the views and rec- ommendations of the Administrator of the Envi- ronmental Protection Agency as to those areas which, in the Administrator’s judgment, are most urgently in need of such facilities and pur- suant to the requirements of the National Envi- ronmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] and the Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.]. (c) Written agreement requirement; terms of agreement Prior to construction of any such facility, the appropriate State or States, interstate agency, municipality, or other appropriate political sub- division of the State shall agree in writing to (1) furnish all lands, easements, and rights-of-way necessary for the construction, operation, and maintenance of the facility; (2) contribute to the United States 25 per centum of the construction costs, such amount to be payable either in cash prior to construction, in installments during construction, or in installments, with interest at a rate to be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is initiated, on the basis of the computed average interest rate pay- able by the Treasury upon its outstanding mar- ketable public obligations, which are neither due or callable for redemption for fifteen years from date of issue; (3) hold and save the United States free from damages due to construction, operation, and maintenance of the facility; and (4) except as provided in subsection (f), maintain the facility after completion of its use for dis- posal purposes in a manner satisfactory to the Secretary of the Army. (d) Waiver of construction costs contribution from non-Federal interests; findings of par- ticipation in waste treatment facilities for general geographical area and compliance with water quality standards; waiver of pay- ments in event of written agreement before occurrence of findings The requirement for appropriate non-Federal interest or interests to furnish an agreement to contribute 25 per centum of the construction costs as set forth in subsection (c) shall be waived by the Secretary of the Army upon a finding by the Administrator of the Environ- mental Protection Agency that for the area to which such construction applies, the State or States involved, interstate agency, munici- pality, and other appropriate political subdivi- sion of the State and industrial concerns are participating in and in compliance with an ap- proved plan for the general geographical area of the dredging activity for construction, modifica- tion, expansion, or rehabilitation of waste treat- ment facilities and the Administrator has found that applicable water quality standards are not being violated. In the event such findings occur after the appropriate non-Federal interest or in- terests have entered into the agreement re- quired by subsection (c), any payments due after the date of such findings as part of the required local contribution of 25 per centum of the con- struction costs shall be waived by the Secretary of the Army. (e) Federal payment of costs for disposal of dredged spoil from project Notwithstanding any other provision of law, all costs of disposal of dredged spoil from the project for the Great Lakes connecting chan- nels, Michigan, shall be borne by the United States. (f) Title to lands, easements, and rights-of-way; retention by non-Federal interests; convey- ance of facilities; agreement of transferee The participating non-Federal interest or in- terests shall retain title to all lands, easements, and rights-of-way furnished by it pursuant to subsection (c). A spoil disposal facility owned by a non-Federal interest or interests may be con- veyed to another party only after completion of the facility’s use for disposal purposes and after the transferee agrees in writing to use or main- tain the facility in a manner which the Sec- retary of the Army determines to be satisfac- tory. (g) Federal licenses or permits; charges; remis- sion of charge Any spoil disposal facilities constructed under the provisions of this section shall be made Page 440 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1294 available to Federal licensees or permittees upon payment of an appropriate charge for such use. Twenty-five per centum of such charge shall be remitted to the participating non-Fed- eral interest or interests except for those ex- cused from contributing to the construction costs under subsections (d) and (e). (h) Provisions applicable to Great Lakes and their connecting channels This section, other than subsection (i), shall be applicable only to the Great Lakes and their connecting channels. (i) Research, study, and experimentation pro- gram relating to dredged spoil extended to navigable waters, etc.; cooperative program; scope of program; utilization of facilities and personnel of Federal agency The Chief of Engineers, under the direction of the Secretary of the Army, is hereby authorized to extend to all navigable waters, connecting channels, tributary streams, other waters of the United States and waters contiguous to the United States, a comprehensive program of re- search, study, and experimentation relating to dredged spoil. This program shall be carried out in cooperation with other Federal and State agencies, and shall include, but not be limited to, investigations on the characteristics of dredged spoil, and alternative methods of its dis- posal. To the extent that such study shall in- clude the effects of such dredge spoil on water quality, the facilities and personnel of the Envi- ronmental Protection Agency shall be utilized. (j) Period for depositing dredged materials The Secretary of the Army, acting through the Chief of Engineers, is authorized to continue to deposit dredged materials into a contained spoil disposal facility constructed under this section until the Secretary determines that such facility is no longer needed for such pur- pose or that such facility is completely full. (k) Study and monitoring program (1) Study The Secretary of the Army, acting through the Chief of Engineers, shall conduct a study of the materials disposed of in contained spoil disposal facilities constructed under this sec- tion for the purpose of determining whether or not toxic pollutants are present in such facili- ties and for the purpose of determining the concentration levels of each of such pollutants in such facilities. (2) Report Not later than 1 year after November 17, 1988, the Secretary shall transmit to Congress a report on the results of the study conducted under paragraph (1). (3) Inspection and monitoring program The Secretary shall conduct a program to inspect and monitor contained spoil disposal facilities constructed under this section for the purpose of determining whether or not toxic pollutants are leaking from such facili- ties. (4) Toxic pollutant defined For purposes of this subsection, the term ‘‘toxic pollutant’’ means those toxic pollut- ants referred to in section 1311(b)(2)(C) and 1311(b)(2)(D) of this title and such other pollut- ants as the Secretary, in consultation with the Administrator of the Environmental Protec- tion Agency, determines are appropriate based on their effects on human health and the envi- ronment. (Pub. L. 91–611, title I, § 123, Dec. 31, 1970, 84 Stat. 1823; Pub. L. 93–251, title I, § 23, Mar. 7, 1974, 88 Stat. 20; Pub. L. 100–676, § 24, Nov. 17, 1988, 102 Stat. 4027.) Editorial Notes REFERENCES IN TEXT Section 1171 of this title, referred to in subsec. (a), was omitted as superseded. The National Environmental Policy Act of 1969, re- ferred to in subsecs. (a) and (b), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. The Federal Water Pollution Control Act, referred to in subsec. (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 generally to this chapter (§ 1251 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1251 of this title and Tables. CODIFICATION Section was formerly classified to section 1165a of this title. Section was not enacted as a part of the Federal Water Pollution Control Act which comprises this chapter. AMENDMENTS 1988—Subsec. (j). Pub. L. 100–676, § 24(a), added subsec. (j). Subsec. (k). Pub. L. 100–676, § 24(b), added subsec. (k). 1974—Subsec. (d). Pub. L. 93–251 inserted provision for waiver of payments in event of a written agreement be- fore occurrence of findings. Statutory Notes and Related Subsidiaries GREAT LAKES CONFINED DISPOSAL FACILITIES Pub. L. 104–303, title V, § 513, Oct. 12, 1996, 110 Stat. 3762, required the Secretary to conduct an assessment of the general conditions of confined disposal facilities in the Great Lakes and to report to Congress on the re- sults of the assessment not later than 3 years after Oct. 12, 1996. § 1294. Public information and education on recy- cling and reuse of wastewater, use of land treatment, and reduction of wastewater vol- ume The Administrator shall develop and operate within one year of December 27, 1977, a con- tinuing program of public information and edu- cation on recycling and reuse of wastewater (in- cluding sludge), the use of land treatment, and methods for the reduction of wastewater vol- ume. (June 30, 1948, ch. 758, title II, § 214, as added Pub. L. 95–217, § 38, Dec. 27, 1977, 91 Stat. 1581.) § 1295. Requirements for American materials Notwithstanding any other provision of law, no grant for which application is made after