33 U.S.C. § 441 — Deposit of refuse prohibited; penalty

Page 75 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 441 the ‘‘Great Lakes Planning Assistance Act of 1988’’. For complete classification of this Act to the Code, see Short Title note below and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 100–707, title II, § 201, Nov. 23, 1988, 102 Stat. 4711, provided that: ‘‘This title [enacting this section, amending sections 3501 to 3503 of Title 16, Conservation, and enacting provisions set out as notes under this sec- tion and sections 3501 and 3505 of Title 16] may be cited as the ‘Great Lakes Planning Assistance Act of 1988’.’’ GREAT LAKES DAMAGE ASSISTANCE AND PREVENTION; DAMAGE ASSISTANCE PROGRAM Pub. L. 100–707, title II, § 202, Nov. 23, 1988, 102 Stat. 4711, provided that: ‘‘(a) IN GENERAL.—The Director is authorized to pro- vide assistance to Great Lakes States in the establish- ment of State programs to reduce and prevent damage attributable to high water levels in the Great Lakes. ‘‘(b) GRANTS.—Upon application by a Great Lakes State within 1 year after the date of enactment of this Act [Nov. 23, 1988], the Director may make a one-time grant to the State of not more than $250,000 for use by the State for— ‘‘(1) preparation of plans for mitigation, warning, emergency operations, and emergency assistance; ‘‘(2) coordination of available State and Federal as- sistance; ‘‘(3) development and implementation of non- structural measures to reduce or prevent damage at- tributable to high water levels in the Great Lakes, including establishment of setback requirements and other conditions on construction and reconstruction of public and private facilities, mapping of flooding zones, and technical assistance; and ‘‘(4) assisting local governments in developing and implementing plans for nonstructural reduction and prevention of damages attributable to high water lev- els in the Great Lakes. ‘‘(c) TECHNICAL ASSISTANCE.—The Director may pro- vide technical assistance to Great Lakes States for car- rying out any activity carried out with assistance under this section. ‘‘(d) STATE MATCHING.—A State which receives a grant under this section shall match the grant with an amount of funds from non-Federal sources equal to 25 percent of the amount of the grant. ‘‘(e) AUTHORIZATION.—There are authorized to be ap- propriated for making grants under this section not more than $2,000,000 for fiscal years beginning after September 30, 1988.’’ GREAT LAKES DAMAGE ASSISTANCE AND PREVENTION; DEFINITIONS Pub. L. 100–707, title II, § 205, Nov. 23, 1988, 102 Stat. 4715, as amended by Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410, provided that: ‘‘For purposes of this title [see Short Title note above]— ‘‘(1) DIRECTOR.—The term ‘Director’ means the Ad- ministrator of the Federal Emergency Management Agency. ‘‘(2) HIGH WATER LEVELS.—The term ‘high water lev- els’ means water levels above the long-term average of water levels from 1900. ‘‘(3) LOCAL GOVERNMENT.—The term ‘local govern- ment’ means a county, city, village, town, district, or other political subdivision of a Great Lakes State and an Indian tribe or authorized tribal organization. ‘‘(4) GREAT LAKES STATE.—The term ‘Great Lakes State’ means Minnesota, Wisconsin, Illinois, Ohio, Michigan, Indiana, Pennsylvania, and New York.’’ §§ 427 to 430. Repealed. July 31, 1945, ch. 334, § 5, 59 Stat. 508 Section 427, act June 26, 1936, ch. 849, § 1, 49 Stat. 1982, related to improvement and protection of beaches and defined ‘‘beach’’. Section 428, act June 26, 1936, ch. 849, § 2, 49 Stat. 1982, related to investigations by Beach Erosion Board and duties of Board. See section 426–1 of this title. Section 429, act June 26, 1936, ch. 849, § 3, 49 Stat. 1983, related to investigative reports by Beach Erosion Board. See section 426–1 of this title. Section 430, act June 26, 1936, ch. 849, § 4, 49 Stat. 1983, related to payment of expenses incident to investiga- tions by Board. See section 426–1 of this title. SUBCHAPTER II—OIL POLLUTION OF COASTAL WATERS §§ 431 to 437. Repealed. Pub. L. 91–224, title I, § 108, Apr. 3, 1970, 84 Stat. 113 Section 431, act June 7, 1924, ch. 316, § 1, 43 Stat. 604; Pub. L. 89–753, title II, § 211(a), Nov. 3, 1966, 80 Stat. 1252, related to the short title for this subchapter. Section 432, act June 7, 1924, ch. 316, § 2, 43 Stat. 604; Pub. L. 89–753, title II, § 211(a), Nov. 3, 1966, 80 Stat. 1252, defined ‘‘oil,’’ ‘‘person’’, ‘‘coastal navigable waters of the United States’’, and ‘‘Secretary’’. Section 433, act June 7, 1924, ch. 316, § 3, 43 Stat. 605; Pub. L. 89–753, title II, § 211(a), Nov. 3, 1966, 80 Stat. 1253, related to prohibition against discharge of oil gen- erally. Section 434, act June 7, 1924, ch. 316, § 4, 43 Stat. 605; Pub. L. 89–753, title II, § 211(a), Nov. 3, 1966, 80 Stat. 1253, related to penalties for violation of oil discharge prohi- bition and liability of vessel. Section 435, act June 7, 1924, ch. 316, § 5, 43 Stat. 605; 1946 Reorg. Plan No. 3, §§ 101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; Pub. L. 89–753, title II, § 211(a), Nov. 3, 1966, 80 Stat. 1254, related to revocation or sus- pension of licenses of officers of offending vessels. Section 436, act June 7, 1924, ch. 316, § 6, as added Pub. L. 89–753, title II, § 211(a), Nov. 3, 1966, 80 Stat. 1254, re- lated to authorization of use of certain personnel in en- forcement of this subchapter and arrest of offenders. Section 437, act June 7, 1924, ch. 316, § 7, 43 Stat. 606; Pub. L. 89–753, title II, § 211(a), Nov. 3, 1966, 80 Stat. 1254, related to affect of this subchapter on preexisting laws for preservation and protection of navigable waters. See section 1251 et seq. of this title. SUBCHAPTER III—NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND HAR- BOR OF BALTIMORE § 441. Deposit of refuse prohibited; penalty The placing, discharging, or depositing, by any process or in any manner, of refuse, dirt, ashes, cinders, mud, sand, dredgings, sludge, acid, or any other matter of any kind, other than that flowing from streets, sewers, and passing there- from in a liquid state, in the waters of any har- bor subject to this subchapter, within the limits which shall be prescribed by the supervisor of the harbor, is strictly forbidden, and every such act is made a misdemeanor, and every person engaged in or who shall aid, abet, authorize, or instigate a violation of this section, shall, upon conviction, be punishable by fine or imprison- ment, or both, such fine to be not less than $250 nor more than $2,500, and the imprisonment to be not less than thirty days nor more than one year, either or both united, as the judge before whom conviction is obtained shall decide, one- half of said fine to be paid to the person or per- sons giving information which shall lead to con- viction of this misdemeanor. (June 29, 1888, ch. 496, § 1, 25 Stat. 209; Pub. L. 85–802, § 1(1), Aug. 28, 1958, 72 Stat. 970.) Page 76 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 442 Editorial Notes PRIOR PROVISIONS Section 1 of act June 29, 1888, superseded act Aug. 5, 1886, ch. 929, § 3, 24 Stat. 329, which provided that: ‘‘It shall not be lawful to cast, throw, empty, or unlade, or cause, suffer, or procure to be cast, thrown, emptied, or unladen, either from or out of any ship, vessel, lighter, barge, boat, or other craft, or from the shore, pier, wharf, or mills of any kind whatever, any ballast, stone, slate, gravel, earth, slack, rubbish, wreck, filth, slabs, edgings, sawdust, slag or cinders or other refuse or mill-waste of any kind, into New York Harbor: Pro- vided, That nothing herein contained shall extend, or be construed to extend, to the casting out, unlading, or throwing out of any ship or vessel, lighter, barge, boat, or other craft, any stones, rocks, bricks, lime, or other materials used, or to be used, in or toward the building, repairing, or keeping in repair any quay, pier, wharf, weir, bridge, building, or other work lawfully erected or to be erected on the banks or sides of said harbor, or to the casting out, unloading or depositing of any mate- rial excavated for the improvement of navigable wa- ters, into such places and in such manner as may be deemed by the United States officer supervising the im- provement of said harbor most judicious and prac- ticable and for the best interests of such improve- ment.’’ AMENDMENTS 1958—Pub. L. 85–802 substituted ‘‘waters of any harbor subject to this subchapter,’’ for ‘‘tidal waters of the harbor of New York, or its adjacent or tributary wa- ters, or in those of long Island Sound,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1958 AMENDMENT Pub. L. 85–802, § 2, Aug. 28, 1958, 72 Stat. 971, provided that: ‘‘This Act [amending this section and sections 442, 446, 447, 449, 451, and 451a of this title and enacting section 451b of this title] shall take effect on the six- tieth day after the date of its enactment [Aug. 28, 1958].’’ § 442. Liability of officers of towing vessel Any and every master and engineer, or person or persons acting in such capacity, respectively, on board of any boat or vessel, who shall know- ingly engage in towing any scow, boat, or vessel loaded with any such prohibited matter to any point or place of deposit, or discharge in the wa- ters of any harbor subject to this subchapter, or to any point or place elsewhere than within the limits defined and permitted by the supervisor of the harbor, shall be deemed guilty of a viola- tion of section 441 of this title, and shall, upon conviction, be punishable as provided for of- fenses in violation of section 441 of this title, and shall also have his license revoked or sus- pended for a term to be fixed by the judge before whom tried and convicted. (June 29, 1888, ch. 496, § 2, 25 Stat. 209; Pub. L. 85–802, § 1(2), Aug. 28, 1958, 72 Stat. 970.) Editorial Notes AMENDMENTS 1958—Pub. L. 85–802 substituted ‘‘any harbor subject to this subchapter’’ for ‘‘the harbor of New York, or in its adjacent or tributary waters, or in those of Long Is- land Sound’’, and struck out ‘‘hereinafter mentioned’’ after ‘‘supervisor of the harbor’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–802 effective on sixtieth day after Aug. 28, 1958, see section 2 of Pub. L. 85–802, set out as a note under section 441 of this title. § 443. Permit for dumping; penalty for taking or towing boat or scow without permit In all cases of receiving on board of any scows or boats such forbidden matter or substance as described in section 441 of this title, the owner or master, or person acting in such capacity on board of such scows or boats, before proceeding to take or tow the same to the place of deposit, shall apply for and obtain from the supervisor of the harbor appointed, as provided in section 451 of this title, a permit defining the precise limits within which the discharge of such scows or boats may be made; and it shall not be lawful for the owner or master, or person acting in such capacity, of any tug or towboat to tow or move any scow or boat so loaded with such for- bidden matter until such permit shall have been obtained; and every person violating the fore- going provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than $1,000 nor less than $500, and in addition thereto the master of any tug or towboat so of- fending shall have his license revoked or sus- pended for a term to be fixed by the judge before whom tried and convicted. (June 29, 1888, ch. 496, § 3, 25 Stat. 209; Aug. 18, 1894, ch. 299, § 3, 28 Stat. 360; May 28, 1908, ch. 212, § 8, 35 Stat. 426.) Editorial Notes CODIFICATION Section was enacted as part of section 3 of act June 29, 1888. Said section 3 of act June 29, 1888, enacted sec- tions 443 to 448 of this title. Section 3 of act June 29, 1888, as originally enacted, provided as follows: ‘‘In all cases of receiving on board of any scows or boats such forbidden matter or substance as herein de- scribed, it shall be the duty of the owner or master, or person acting in such capacity, on board of such scows or boats, before proceeding to take or tow the same to the place of deposit, to apply for and obtain from the supervisor of the harbor appointed hereunder a permit defining the precise limits within which the discharge of such scows or boats may be made; and any deviation from such dumping or discharging place specified in such permit shall be a misdemeanor within the mean- ing of this act; and the master and engineer, or person or persons acting in such capacity, on board of any towboat towing such scows or boats, shall be equally guilty of such offense with the master or person acting in the capacity of master of the scow, and be liable to equal punishment.’’ Section 3 was amended by act Aug. 18, 1894, to read as follows: ‘‘In all cases of receiving on board of any scows or boats such forbidden matter or substance as herein de- scribed, the owner or master, or person acting in such capacity on board of such scows or boats, before pro- ceeding to take or tow the same to the place of deposit, shall apply for and obtain from the supervisor of the harbor appointed hereunder a permit defining the pre- cise limits within which the discharge of such scows or boats may be made; and it shall not be lawful for the owner or master, or person acting in such capacity, of