33 U.S.C. § 1402 — Definitions

Page 605 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1402 dumping occurs in ocean waters over which the United States has jurisdiction or over which it may exercise control, under accepted principles of international law, in order to protect its territory or territorial sea, now covered by subsec. (c) of this section. Subsec. (c). Pub. L. 93–254 added subsec. (c). 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 amendment of subsecs. (b) and (c) of this section and sections 1402, 1411, and 1412(a), other than last sentence of subsec. (a), of this title, by Pub. L. 93–254 shall become effective Mar. 22, 1974. SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–688, title I, § 1001, Nov. 18, 1988, 102 Stat. 4139, provided that: ‘‘This title [enacting sections 1414b and 1414c of this title, amending sections 1268, 1412a, and 1414a of this title, and amending provisions set out as a note under section 2267 of this title] may be cited as the ‘Ocean Dumping Ban Act of 1988’.’’ SHORT TITLE Pub. L. 92–532, § 1, Oct. 23, 1972, 86 Stat. 1052, provided: ‘‘That this Act [enacting 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] may be cited as the ‘Marine Protection, Research, and Sanc- tuaries Act of 1972’.’’ 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. ENVIRONMENTAL EFFECTS ABROAD OF MAJOR FEDERAL ACTIONS For provisions relating to environmental effects abroad of major federal actions, see Ex. Ord. No. 12114, Jan. 4, 1979, 44 F.R. 1957, set out as a note under section 4321 of Title 42, The Public Health and Welfare. FEDERAL COMPLIANCE WITH POLLUTION CONTROL STANDARDS For provisions relating to the responsibility of the head of each Executive agency for compliance with ap- plicable pollution control standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, set out as a note under section 4321 of Title 42, The Public Health and Welfare. § 1402. Definitions For the purposes of this Act the term— (a) ‘‘Administrator’’ means the Administrator of the Environmental Protection Agency. (b) ‘‘Ocean waters’’ means those waters of the open seas lying seaward of the base line from which the territorial sea is measured, as pro- vided for in the Convention on the Territorial Sea and the Contiguous Zone (15 UST 1606; TIAS 5639). (c) ‘‘Material’’ means matter of any kind or description, including, but not limited to, dredged material, solid waste, incinerator res- idue, garbage, sewage, sewage sludge, munitions, radiological, chemical, and biological warfare agents, radioactive materials, chemicals, bio- logical and laboratory waste, wreck or discarded equipment, rock, sand, excavation debris, and industrial, municipal, agricultural, and other waste; but such term does not mean 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 air- craft for the purpose of dumping. (d) ‘‘United States’’ includes the several States, the District of Columbia, the Common- wealth of Puerto Rico, the Canal Zone, the terri- tories and possessions of the United States, and the Trust Territory of the Pacific Islands. (e) ‘‘Person’’ means any private person or enti- ty, or any officer, employee, agent, department, agency, or instrumentality of the Federal Gov- ernment, of any State or local unit of govern- ment, or of any foreign government. (f) ‘‘Dumping’’ means a disposition of mate- rial: Provided, That it does not mean a disposi- tion of any effluent from any outfall structure to the extent that such disposition is regulated under the provisions of the Federal Water Pollu- tion Control Act, as amended [33 U.S.C. 1251 et seq.], under the provisions of section 407 of this title, or under the provisions of the Atomic En- ergy Act of 1954, as amended [42 U.S.C. 2011 et seq.], nor does it mean a routine discharge of ef- fluent incidental to the propulsion of, or oper- ation of motor-driven equipment on, vessels: Provided, further, That it does not mean the con- struction of any fixed structure or artificial is- land nor the intentional placement of any device in ocean waters or on or in the submerged land beneath such waters, for a purpose other than disposal, when such construction or such place- ment is otherwise regulated by Federal or State law or occurs pursuant to an authorized Federal or State program: And provided further, That it does not include the deposit of oyster shells, or other materials when such deposit is made for the purpose of developing, maintaining, or har- vesting fisheries resources and is otherwise reg- ulated by Federal or State law or occurs pursu- ant to an authorized Federal or State program. (g) ‘‘District court of the United States’’ in- cludes the District Court of Guam, the District Court of the Virgin Islands, the District Court of Puerto Rico, the District Court of the Canal Zone, and in the case of American Samoa and the Trust Territory of the Pacific Islands, the District Court of the United States for the Dis- trict of Hawaii, which court shall have jurisdic- tion over actions arising therein. (h) ‘‘Secretary’’ means the Secretary of the Army. (i) ‘‘Dredged material’’ means any material ex- cavated or dredged from the navigable waters of the United States. (j) ‘‘High-level radioactive waste’’ means the aqueous waste resulting from the operation of the first cycle solvent extraction system, or equivalent and the concentrated waste from sub- sequent extraction cycles, or equivalent, in a fa- cility for reprocessing irradiated reactor fuels, or irradiated fuel from nuclear power reactors. (k) ‘‘Medical waste’’ means isolation wastes; infectious agents; human blood and blood prod- ucts; pathological wastes; sharps; body parts; contaminated bedding; surgical wastes and po- tentially contaminated laboratory wastes; di- alysis wastes; and such additional medical items as the Administrator shall prescribe by regula- tion. 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.