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US (United States) Code. Title 32. Chapter 27: Ocean dumping

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-CITE-

33 USC CHAPTER 27 - OCEAN DUMPING 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 27 - OCEAN DUMPING

-HEAD-

CHAPTER 27 - OCEAN DUMPING

-MISC1-

Sec.

1401. Congressional finding, policy, and declaration of

purpose.

(a) Dangers of unregulated dumping.

(b) Policy of regulation and prevention or

limitation.

dumping purposes.

1402. Definitions.

SUBCHAPTER I - REGULATION

1411. Prohibited acts.

1412. Dumping permit program.

(a) Environmental Protection Agency permits.

(b) Permit categories.

(d) Fish wastes.

(e) Foreign State permits; acceptance.

1412a. Emergency dumping of industrial waste.

(a) Issuance of emergency permits.

(b) "Industrial waste" defined.

1413. Dumping permit program for dredged material.

(a) Issuance by Secretary of the Army.

(b) Independent determination of need for dumping,

other methods of disposal, and appropriate

locations; alternative sites.

(d) Waiver of requirements.

(e) Federal projects involving dredged material.

1414. Permit conditions.

(a) Designated and included conditions.

(b) Permit processing fees; reporting requirements.

(d) Review.

(e) Information for review and evaluation of

applications.

(f) Public information.

(g) Display of issued permits.

(h) Low-level radioactive waste; research purposes.

(i) Radioactive Material Disposal Impact

Assessment; Congressional approval.

1414a. Special provisions regarding certain dumping sites.

(a) New York Bight Apex.

(b) Restriction on use of 106-mile site.

1414b. Ocean dumping of sewage sludge and industrial waste.

(a) Termination of dumping.

(b) Special dumping fees.

agreements.

(d) Penalties.

(e) Trust account.

(f) Use of fees and penalties.

(g) Enforcement.

(h) State progress reports.

(i) EPA progress reports.

(j) Environmental monitoring.

(k) Definitions.

1414c. Prohibition on disposal of sewage sludge at landfills

on Staten Island.

(a) In general.

(b) Exclusion from penalties.

1415. Penalties.

(a) Assessment of civil penalty by Administrator;

remission or mitigation; court action for

appropriate relief.

(b) Criminal penalties.

(d) Injunctive relief.

(e) Liability of vessels in rem.

(f) Revocation and suspension of permits.

(g) Civil suits by private persons.

(h) Emergencies.

(i) Seizure and forfeiture.

1416. Relationship to other laws.

(a) Voiding of preexisting licenses.

(b) Actions under authority of Rivers and Harbors

Act.

(d) State programs.

(e) Existing conservation programs not affected.

(f) Dumping of dredged material in Long Island

Sound from any Federal, etc., project.

(g) Savings clause.

1417. Enforcement.

(a) Utilization of other departments, agencies, and

instrumentalities.

(b) Delegation of review and evaluation authority.

1418. Regulations.

1419. International cooperation.

1420. Authorization of appropriations.

1421. Omitted.

SUBCHAPTER II - RESEARCH

1441. Monitoring and research program.

1442. Research program respecting possible long-range

effects of pollution, overfishing, and man-induced

changes of ocean ecosystems.

(a) Secretary of Commerce.

(b) Action with other nations.

independent instrumentalities.

(d) Utilization of personnel, services, and

facilities; inter-agency agreements.

1443. Research program respecting ocean dumping and other

methods of waste disposal.

(a) Cooperation with public authorities, agencies,

and institutions, private agencies and

institutions, and individuals.

(b) Termination date for ocean dumping of sewage

sludge not affected.

(d) Report on sewage disposal in New York

metropolitan area.

1444. Annual reports.

(a) Report by Secretary of Commerce.

(b) Report by Administrator.

1445. Authorization of appropriations.

-End-

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33 USC Sec. 1401 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 27 - OCEAN DUMPING

-HEAD-

Sec. 1401. Congressional finding, policy, and declaration of

purpose

-STATUTE-

(a) Dangers of unregulated dumping

Unregulated dumping of material into ocean waters endangers human

health, welfare, and amenities, and the marine environment,

ecological systems, and economic potentialities.

(b) Policy of regulation and prevention or limitation

The Congress declares that it is the policy of the United States

to regulate the dumping of all types of materials into ocean waters

and to prevent or strictly limit the dumping into ocean waters of

any material which would adversely affect human health, welfare, or

amenities, or the marine environment, ecological systems, or

economic potentialities.

It is the purpose of this Act to regulate (1) the transportation

by any person of material from the United States and, in the case

of United States vessels, aircraft, or agencies, the transportation

of material from a location outside the United States, when in

either case the transportation is for the purpose of dumping the

material into ocean waters, and (2) the dumping of material

transported by any person from a location outside the United

States, if the dumping occurs in the territorial sea or the

contiguous zone of the United States.

-SOURCE-

(Pub. L. 92-532, Sec. 2, Oct. 23, 1972, 86 Stat. 1052; Pub. L.

93-254, Sec. 1(1), Mar. 22, 1974, 88 Stat. 50.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (c), means Pub. L. 92-532, which

is classified generally to this chapter, chapter 41 (Sec. 2801 et

seq.) of this title, and chapters 32 (Sec. 1431 et seq.) and 32A

(Sec. 1447 et seq.) of Title 16, Conservation.

-MISC1-

AMENDMENTS

1974 - Subsec. (b). Pub. L. 93-254 struck out statement of the

purpose of this Act as being the regulation of transportation of

material from the United States for dumping into ocean waters, and

the dumping of material, transported from outside the United

States, if the 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).

EFFECTIVE DATE OF 1974 AMENDMENT

Section 2 of Pub. L. 93-254 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, Sec. 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

Section 1 of Pub. L. 92-532 provided: "That this Act [enacting

this chapter, chapter 41 (Sec. 2801 et seq.) of this title, and

chapters 32 (Sec. 1431 et seq.) and 32A (Sec. 1447 et seq.) of

Title 16, Conservation] may be cited as the 'Marine Protection,

Research, and Sanctuaries Act of 1972'."

-EXEC-

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 applicable 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.

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

The Marine Protection, Research, and Sanctuaries Act of 1972 is

referred to in sections 1269, 1345, 1503, 2602, 2622 of this title;

title 42 sections 6905, 9621, 10104.

-End-

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33 USC Sec. 1402 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 27 - OCEAN DUMPING

-HEAD-

Sec. 1402. Definitions

-STATUTE-

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 provided for in the Convention on the Territorial Sea

and the Contiguous Zone (15 UST 1606; TIAS 5639).

including, but not limited to, dredged material, solid waste,

incinerator residue, garbage, sewage, sewage sludge, munitions,

radiological, chemical, and biological warfare agents, radioactive

materials, chemicals, biological 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 aircraft for the purpose of dumping.

(d) "United States" includes the several States, the District of

Columbia, the Commonwealth of Puerto Rico, the Canal Zone, the

territories and possessions of the United States, and the Trust

Territory of the Pacific Islands.

(e) "Person" means any private person or entity, or any officer,

employee, agent, department, agency, or instrumentality of the

Federal Government, of any State or local unit of government, or of

any foreign government.

(f) "Dumping" means a disposition of material: Provided, That it

does not mean a disposition of any effluent from any outfall

structure to the extent that such disposition is regulated under

the provisions of the Federal Water Pollution 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 Energy Act

of 1954, as amended [42 U.S.C. 2011 et seq.], nor does it mean a

routine discharge of effluent incidental to the propulsion of, or

operation of motor-driven equipment on, vessels: Provided, further,

That it does not mean the construction of any fixed structure or

artificial island 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

placement 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 harvesting fisheries resources and is

otherwise regulated by Federal or State law or occurs pursuant to

an authorized Federal or State program.

(g) "District court of the United States" includes 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 District of Hawaii, which court shall have jurisdiction over

actions arising therein.

(h) "Secretary" means the Secretary of the Army.

(i) "Dredged material" means any material excavated 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 subsequent

extraction cycles, or equivalent, in a facility for reprocessing

irradiated reactor fuels, or irradiated fuel from nuclear power

reactors.

(k) "Medical waste" means isolation wastes; infectious agents;

human blood and blood products; pathological wastes; sharps; body

parts; contaminated bedding; surgical wastes and potentially

contaminated laboratory wastes; dialysis wastes; and such

additional medical items as the Administrator shall prescribe by

regulation.

(l) "Transport" or "transportation" refers to the carriage and

related handling of any material by a vessel, or by any other

vehicle, including aircraft.

(m) "Convention" means the Convention on the Prevention of Marine

Pollution by Dumping of Wastes and Other Matter.

-SOURCE-

(Pub. L. 92-532, Sec. 3, Oct. 23, 1972, 86 Stat. 1052; Pub. L.

93-254, Sec. 1(2), Mar. 22, 1974, 88 Stat. 50; Pub. L. 100-688,

title III, Sec. 3201(a), Nov. 18, 1988, 102 Stat. 4153.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means Pub. L. 92-532, which is

classified generally to this chapter, chapter 41 (Sec. 2801 et

seq.) of this title, and chapters 32 (Sec. 1431 et seq.) and 32A

(Sec. 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 amended, referred to

in subsec. (f), is act June 30, 1948, ch. 758, as amended generally

by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is

classified generally to chapter 26 (Sec. 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, Sec. 1, 68 Stat. 921, and amended, which is classified

generally to chapter 23 (Sec. 2011 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 2011 of Title 42

and Tables.

-MISC1-

AMENDMENTS

1988 - Subsecs. (k) to (m). Pub. L. 100-688 added subsec. (k) and

redesignated former subsecs. (k) and (l) as (l) and (m),

respectively.

1974 - Subsec. (c). Pub. L. 93-254, Sec. 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, Sec. 1(2)(C), added subsec. (l).

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.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

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 "transition period", being

the 30-month period beginning Oct. 1, 1979, and ending midnight

Mar. 31, 1982, see Paragraph 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.

-EXEC-

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.

-End-

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33 USC SUBCHAPTER I - REGULATION 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 27 - OCEAN DUMPING

SUBCHAPTER I - REGULATION

-HEAD-

SUBCHAPTER I - REGULATION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1412a, 1442, 1444,

2601 of this title; title 18 section 1956; title 42 sections 6922,

6923, 6928.

-End-

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33 USC Sec. 1411 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 27 - OCEAN DUMPING

SUBCHAPTER I - REGULATION

-HEAD-

Sec. 1411. Prohibited acts

-STATUTE-

(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 pursuant 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 registered in the

United States or flying the United States flag or in the case of

a United States department, agency, or instrumentality, no person

shall transport from any location

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

material 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, extending

to a line twelve nautical miles seaward from the base line from

which the breadth of the territorial sea is measured, to the extent

that it may affect the territorial sea or the territory of the

United States.

-SOURCE-

(Pub. L. 92-532, title I, Sec. 101, Oct. 23, 1972, 86 Stat. 1053;

Pub. L. 93-254, Sec. 1(3), Mar. 22, 1974, 88 Stat. 51.)

-MISC1-

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 prohibition 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 subchapter, made any ocean dumping subject

to regulations issued under section 1418 of this title, and

substituted prohibition against dumping of any material for former

prohibition against dumping of any radiological, 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, department, 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.

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.

EFFECTIVE DATE

Section 110(a) of title I of Pub. L. 92-532 provided that: "This

title [this subchapter] shall take effect six months after the date

of the enactment of this Act [Oct. 23, 1972]."

SAVINGS PROVISION

Section 110(b) of title I of Pub. L. 92-532 provided that: "No

legal action begun, or right of action accrued, prior to the

effective date of this title [this subchapter] shall be affected by

any provision of this title [this subchapter]."

-EXEC-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1412, 1412a, 1443 of this

title.

-End-

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33 USC Sec. 1412 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 27 - OCEAN DUMPING

SUBCHAPTER I - REGULATION

-HEAD-

Sec. 1412. Dumping permit program

-STATUTE-

(a) Environmental Protection Agency permits

Except in relation to dredged material, as provided for in

section 1413 of this title, and in relation to radiological,

chemical, and biological warfare agents, high-level radioactive

waste, and medical waste, for which no permit may be issued, the

Administrator may issue permits, after notice and opportunity for

public hearings, for the transportation from the United States or,

in the case of an agency or instrumentality of the United States,

or in the case of a vessel or aircraft registered in the United

States or flying the United States flag, for the transportation

from a location outside the United States, of material for the

purpose of dumping it into ocean waters, or for the dumping of

material into the waters described in section 1411(b) of this

title, where the Administrator determines that such dumping will

not unreasonably degrade or endanger human health, welfare, or

amenities, or the marine environment, ecological systems, or

economic potentialities. The Administrator shall establish and

apply criteria for reviewing and evaluating such permit

applications, and, in establishing or revising such criteria, shall

consider, but not be limited in his consideration to, the following

(A) The need for the proposed dumping.

(B) The effect of such dumping on human health and welfare,

including economic, esthetic, and recreational values.

plankton, fish, shellfish, wildlife, shore lines and beaches.

(D) The effect of such dumping on marine ecosystems,

particularly with respect to -

(i) the transfer, concentration, and dispersion of such

material and its byproducts through biological, physical, and

chemical processes.

(ii) potential changes in marine ecosystem diversity,

productivity, and stability, and

(iii) species and community population dynamics.

(E) The persistence and permanence of the effects of the

dumping.

(F) The effect of dumping particular volumes and concentrations

of such materials.

(G) Appropriate locations and methods of disposal or recycling,

including land-based alternatives and the probable impact of

requiring use of such alternate locations or methods upon

considerations affecting the public interest.

(H) The effect on alternate uses of oceans, such as scientific

study, fishing, and other living resource exploitation, and

non-living resource exploitation.

(I) In designating recommended sites, the Administrator shall

utilize wherever feasible locations beyond the edge of the

Continental Shelf.

In establishing or revising such criteria, the Administrator shall

consult with Federal, State, and local officials, and interested

members of the general public, as may appear appropriate to the

Administrator. With respect to such criteria as may affect the

civil works program of the Department of the Army, the

Administrator shall also consult with the Secretary. In reviewing

applications for permits, the Administrator shall make such

provision for consultation with interested Federal and State

agencies as he deems useful or necessary. No permit shall be issued

for a dumping of material which will violate applicable water

quality standards. To the extent that he may do so without relaxing

the requirements of this subchapter, the Administrator, in

establishing or revising such criteria, shall apply the standards

and criteria binding upon the United States under the Convention,

including its Annexes.

(b) Permit categories

The Administrator may establish and issue various categories of

permits, including the general permits described in section 1414(c)

of this title.

(1) In general

The Administrator shall, in a manner consistent with the

criteria established pursuant to subsection (a) of this section,

designate sites or time periods for dumping. The Administrator

shall designate sites or time periods for dumping that will

mitigate adverse impact on the environment to the greatest extent

practicable.

(2) Prohibitions regarding site or time period

In any case where the Administrator determines that, with

respect to certain materials, it is necessary to prohibit dumping

at a site or during a time period, the Administrator shall

prohibit the dumping of such materials in such site or during

such time period. This prohibition shall apply to any dumping at

the site or during such time period. This prohibition shall apply

to any dumping at the site or during the time period, including

any dumping under section 1413(e) of this title.

(3) Dredged material disposal sites

In the case of dredged material disposal sites, the

Administrator, in conjunction with the Secretary, shall develop a

site management plan for each site designated pursuant to this

section. In developing such plans, the Administrator and the

Secretary shall provide opportunity for public comment. Such

plans shall include, but not be limited to -

(A) a baseline assessment of conditions at the site;

(B) a program for monitoring the site;

implemented at each site that are necessary for protection of

the environment;

(D) consideration of the quantity of the material to be

disposed of at the site, and the presence, nature, and

bioavailability of the contaminants in the material;

(E) consideration of the anticipated use of the site over the

long term, including the anticipated closure date for the site,

if applicable, and any need for management of the site after

the closure of the site; and

(F) a schedule for review and revision of the plan (which

shall not be reviewed and revised less frequently than 10 years

after adoption of the plan, and every 10 years thereafter).

(4) General site management plan requirement; prohibitions

After January 1, 1995, no site shall receive a final

designation unless a management plan has been developed pursuant

to this section. Beginning on January 1, 1997, no permit for

dumping pursuant to this Act or authorization for dumping under

section 1413(e) of this title shall be issued for a site (other

than the site located off the coast of Newport Beach, California,

which is known as "LA-3") unless such site has received a final

designation pursuant to this subsection or an alternative site

has been selected pursuant to section 1413(b) of this title.

Beginning January 1, 2003, no permit for dumping pursuant to this

Act or authorization for dumping under section 1413(e) of this

title shall be issued for the site located off the coast of

Newport Beach, California, which is known as "LA-3", unless such

site has received a final designation pursuant to this subsection

or an alternative site has been selected pursuant to section

1413(b) of this title.

(5) Management plans for previously designated sites

The Administrator shall develop a site management plan for any

site designated prior to January 1, 1995, as expeditiously as

practicable, but not later than January 1, 1997, giving priority

consideration to management plans for designated sites that are

considered to have the greatest impact on the environment.

(d) Fish wastes

No permit is required under this subchapter for the

transportation for dumping or the dumping of fish wastes, except

when deposited in harbors or other protected or enclosed coastal

waters, or where the Administrator finds that such deposits could

endanger health, the environment, or ecological systems in a

specific location. Where the Administrator makes such a finding,

such material may be deposited only as authorized by a permit

issued by the Administrator under this section.

(e) Foreign State permits; acceptance

In the case of transportation of material, by an agency or

instrumentality of the United States or by a vessel or aircraft

registered in the United States or flying the United States flag,

from a location in a foreign State Party to the Convention, a

permit issued pursuant to the authority of that foreign State

Party, in accordance with Convention requirements, and which

otherwise could have been issued pursuant to subsection (a) of this

section, shall be accepted, for the purposes of this subchapter, as

if it were issued by the Administrator under the authority of this

section: Provided, That in the case of an agency or instrumentality

of the United States, no application shall be made for a permit to

be issued pursuant to the authority of a foreign State Party to the

Convention unless the Administrator concurs in the filing of such

application.

-SOURCE-

(Pub. L. 92-532, title I, Sec. 102, Oct. 23, 1972, 86 Stat. 1054;

Pub. L. 93-254, Sec. 1(4), Mar. 22, 1974, 88 Stat. 51; Pub. L.

96-572, Sec. 3, Dec. 22, 1980, 94 Stat. 3345; Pub. L. 100-688,

title III, Sec. 3201(b), Nov. 18, 1988, 102 Stat. 4153; Pub. L.

102-580, title V, Sec. 506(a), Oct. 31, 1992, 106 Stat. 4868; Pub.

L. 104-303, title V, Sec. 582, Oct. 12, 1996, 110 Stat. 3791; Pub.

L. 106-53, title V, Sec. 562, Aug. 17, 1999, 113 Stat. 355.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (c)(4), means Pub. L. 92-532,

which is classified generally to this chapter, chapter 41 (Sec.

2801 et seq.) of this title, and chapters 32 (Sec. 1431 et seq.)

and 32A (Sec. 1447 et seq.) of Title 16, Conservation.

-MISC1-

AMENDMENTS

1999 - Subsec. (c)(4). Pub. L. 106-53 substituted "January 1,

2003" for "January 1, 2000" in third sentence.

1996 - Subsec. (e)(4). Pub. L. 104-303 inserted "(other than the

site located off the coast of Newport Beach, California, which is

known as 'LA-3')" after "for a site" and inserted at end "Beginning

January 1, 2000, no permit for dumping pursuant to this Act or

authorization for dumping under section 1413(e) of this title shall

be issued for the site located off the coast of Newport Beach,

California, which is known as 'LA-3', unless such site has received

a final designation pursuant to this subsection or an alternative

site has been selected pursuant to section 1413(b) of this title."

1992 - Subsec. (c). Pub. L. 102-580 amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "The

Administrator may, considering the criteria established pursuant to

subsection (a) of this section, designate recommended sites or

times for dumping and, when he finds it necessary to protect

critical areas, shall, after consultation with the Secretary, also

designate sites or times within which certain materials may not be

dumped."

1988 - Subsec. (a). Pub. L. 100-688 substituted "agents,

high-level" for "agents and high-level" and inserted "and medical

waste," after "radioactive waste,".

1980 - Subsec. (e). Pub. L. 96-572 inserted applicability to

United States agency or instrumentality, and proviso respecting

such agency or instrumentality.

1974 - Subsec. (a). Pub. L. 93-254, Sec. 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 "instrumentality of the United States,", and

required the Administrator to apply the standards and criteria

binding upon the United States under the Convention, including its

Annexes.

Subsec. (e). Pub. L. 93-254, Sec. 1(4)(B), added subsec. (e).

EFFECTIVE DATE OF 1974 AMENDMENT

Section 2 of Pub. L. 93-254 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 standards 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1411, 1413, 1414, 1414a,

1414b, 1415, 1416 of this title; title 42 section 9601.

-End-

-CITE-

33 USC Sec. 1412a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 27 - OCEAN DUMPING

SUBCHAPTER I - REGULATION

-HEAD-

Sec. 1412a. Emergency dumping of industrial waste

-STATUTE-

(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 determines that

there has been demonstrated to exist an emergency, requiring the

dumping of such waste, which poses an unacceptable risk relating 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 "industrial waste" means

any solid, semisolid, or liquid waste generated by a manufacturing

or processing plant.

-SOURCE-

(Pub. L. 95-153, Sec. 4, Nov. 4, 1977, 91 Stat. 1255; Pub. L.

96-572, Sec. 2, Dec. 22, 1980, 94 Stat. 3344; Pub. L. 100-688,

title I, Sec. 1003(a), Nov. 18, 1988, 102 Stat. 4149.)

-REFTEXT-

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, as amended. Title I of the Act is classified generally

to this subchapter. For complete classification 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.

-COD-

CODIFICATION

Section was not enacted as part of the Marine Protection,

Research, and Sanctuaries Act of 1972 which comprises this chapter.

-MISC1-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-688, Sec. 1003(a)(1), (3)-(5),

redesignated subsec. (c) as (a), substituted "Notwithstanding

section 104B of the Marine Protection, Research, and Sanctuaries

Act of 1972 after" for "After", and "title I of such Act" for "such

title I". Former subsec. (a), which related to cessation of

dumping, with exceptions, was struck out.

Subsec. (b). Pub. L. 100-688, Sec. 1003(a)(2), (7), added subsec.

(b). Former subsec. (b), which related to issuance of permits for

dumping of industrial waste, was struck out.

Subsec. (c). Pub. L. 100-688, Sec. 1003(a)(3), redesignated

subsec. (c) as (a).

Subsec. (d). Pub. L. 100-688, Sec. 1003(a)(6), struck out subsec.

(d) which related to definitions.

1980 - Subsec. (a). Pub. L. 96-572, Sec. 2(1), inserted

applicability to industrial waste, exceptions respecting subsecs.

(b) and (c) of this section, and conforming changes in phraseology.

Subsec. (b). Pub. L. 96-572, Sec. 2(2), added subsec. (b). Former

subsec. (b), defining "sewage sludge", was struck out.

Subsecs. (c), (d). Pub. L. 96-572, Sec. 2(2), added subsecs. (c)

and (d).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1443 of this title.

-End-

-CITE-

33 USC Sec. 1413 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 27 - OCEAN DUMPING

SUBCHAPTER I - REGULATION

-HEAD-

Sec. 1413. Dumping permit program for dredged material

-STATUTE-

(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 determines that the dumping will not unreasonably degrade

or endanger human health, welfare, or amenities, or the marine

environment, ecological systems, or economic potentialities.

(b) Independent determination of need for dumping, other methods of

disposal, and appropriate locations; alternative sites

In making the determination required by subsection (a) of this

section, the Secretary shall apply those criteria, 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 domestic commerce of the United States, the

Secretary 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

recommended sites designated by the Administrator 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

concurrence of the Administrator, select an alternative site. The

criteria and factors established in section 1412(a) of this title

relating to site selection shall be used in selecting the

alternative site in a manner consistent with the application of

such factors and criteria pursuant to section 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 subsequently 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 designated by the

Administrator;

(2) the continued use of the alternative site is necessary to

maintain navigation and facilitate interstate or international

commerce; and

(3) the Administrator determines that the continued use of the

site does not pose an unacceptable risk to human health, aquatic

resources, or the environment.

(1) Notification

Prior to issuing a permit to any person under this section, the

Secretary shall first notify the Administrator of the Secretary's

intention to do so and provide necessary and appropriate

information concerning the permit to the Administrator. Within 30

days of receiving such information, the Administrator shall

review the information and request any additional information the

Administrator deems necessary to evaluate the proposed permit.

(2) Concurrence by Administrator

Within 45 days after receiving from the Secretary all

information the Administrator considers to be necessary to

evaluate the proposed permit, the Administrator shall, in

writing, concur with (either entirely or with conditions) or

decline to concur with the determination 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 environmental impact of the permit. The

Administrator may request one 45-day extension in writing and the

Secretary shall grant such request 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

determination shall prevail. If the Administrator 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 Administrator 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) of this section, 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 economically 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

requirements involved. Within thirty days of the receipt of the

waiver request, unless the Administrator finds that the dumping of

the material will result in an unacceptably adverse impact on

municipal water supplies, shell-fish beds, wildlife, 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.

-SOURCE-

(Pub. L. 92-532, title I, Sec. 103, Oct. 23, 1972, 86 Stat. 1055;

Pub. L. 102-580, title V, Secs. 504, 506(b), Oct. 31, 1992, 106

Stat. 4866, 4869.)

-MISC1-

AMENDMENTS

1992 - Subsec. (b). Pub. L. 102-580, Sec. 506(b), inserted

"maximum" before "extent feasible" and inserted three sentences at

end.

Subsec. (c). Pub. L. 102-580, Sec. 504(a), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "Prior

to issuing any permit under this section, the Secretary shall first

notify the Administrator of his intention to do so. In any case in

which the Administrator disagrees with the determination of the

Secretary as to compliance with the criteria established 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 relating to critical areas, the determination

of the Administrator shall prevail. Unless the Administrator grants

a waiver pursuant to subsection (d) of this section, the Secretary

shall not issue a permit which does not comply with such criteria

and with such restrictions."

Subsec. (e). Pub. L. 102-580, Sec. 504(b), inserted before period

at end "and section 1414(a) and (d) of this title".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1411, 1412, 1414, 1414b,

1415 of this title; title 42 section 9601.

-End-

-CITE-

33 USC Sec. 1414 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 27 - OCEAN DUMPING

SUBCHAPTER I - REGULATION

-HEAD-

Sec. 1414. Permit conditions

-STATUTE-

(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 authorized to be

transported for dumping or to be dumped; (3) the location where

such transport for dumping will be terminated or where such dumping

will occur; (4) such requirements, limitations, or conditions as

are necessary to assure consistency with any site management plan

approved pursuant to section 1412(c) of this title; (5) any special

provisions deemed necessary by the Administrator or the Secretary,

as the case may be, after consultation with the Secretary of the

Department in which the Coast Guard is operating, for the

monitoring and surveillance of the transportation or dumping; and

(6) such other matters as the Administrator or the Secretary, as

the case may be, deems appropriate. Permits issued under this

subchapter shall be issued for a period of not to exceed 7 years.

(b) Permit processing fees; reporting requirements

The Administrator or the Secretary, as the case may be, may

prescribe such processing fees for permits and such reporting

requirements for actions taken pursuant to permits issued by him

under this subchapter as he deems appropriate.

Consistent with the requirements of sections 1412 and 1413 of

this title, but in lieu of a requirement for specific permits in

such case, the Administrator or the Secretary, as the case may be,

may issue general permits for the transportation for dumping, or

dumping, or both, of specified materials or classes of materials

for which he may issue permits, which he determines will have a

minimal adverse environmental impact.

(d) Review

Any permit issued under this subchapter shall be reviewed

periodically and, if appropriate, revised. The Administrator or the

Secretary, as the case may be, may limit or deny the issuance of

permits, or he may alter or revoke partially or entirely the terms

of permits issued by him under this subchapter, for the

transportation for dumping, or for the dumping, or both, of

specified materials or classes of materials, where he finds, based

upon monitoring data from the dump site and surrounding area, that

such materials cannot be dumped consistently with the criteria and

other factors required to be applied in evaluating the permit

application. No action shall be taken under this subsection unless

the affected person or permittee shall have been given notice and

opportunity for a hearing on such action as proposed.

(e) Information for review and evaluation of applications

The Administrator or the Secretary, as the case may be, shall

require an applicant for a permit under this subchapter to provide

such information as he may consider necessary to review and

evaluate such application.

(f) Public information

Information received by the Administrator or the Secretary, as

the case may be, as a part of any application or in connection with

any permit granted under this subchapter shall be available to the

public as a matter of public record, at every stage of the

proceeding. The final determination of the Administrator or the

Secretary, as the case may be, shall be likewise available.

(g) Display of issued permits

A copy of any permit issued under this subchapter shall be placed

in a conspicuous place in the vessel which will be used for the

transportation or dumping authorized by such permit, and an

additional copy shall be furnished by the issuing official to the

Secretary of the department in which the Coast Guard is operating,

or its designee.

(h) Low-level radioactive waste; research purposes

Notwithstanding any provision of this subchapter to the contrary,

during the two-year period beginning on January 6, 1983, no permit

may be issued under this subchapter that authorizes the dumping of

any low-level radioactive waste unless the Administrator of the

Environmental Protection Agency determines -

(1) that the proposed dumping is necessary to conduct research

(A) on new technology related to ocean dumping, or

(B) to determine the degree to which the dumping of such

substance will degrade the marine environment;

(2) that the scale of the proposed dumping is limited to the

smallest amount of such material and the shortest duration of

time that is necessary to fulfill the purposes of the research,

such that the dumping will have minimal adverse impact upon human

health, welfare, and amenities, and the marine environment,

ecological systems, economic potentialities, and other legitimate

uses;

(3) after consultation with the Secretary of Commerce, that the

potential benefits of such research will outweigh any such

adverse impact; and

(4) that the proposed dumping will be preceded by appropriate

baseline monitoring studies of the proposed dump site and its

surrounding environment.

Each permit issued pursuant to this subsection shall be subject to

such conditions and restrictions as the Administrator determines to

be necessary to minimize possible adverse impacts of such dumping.

(i) Radioactive Material Disposal Impact Assessment; Congressional

approval

(1) Two years after January 6, 1983, the Administrator may not

issue a permit under this subchapter for the disposal of

radioactive waste material until the applicant, in addition to

complying with all other requirements of this subchapter, prepares,

with respect to the site at which the disposal is proposed, a

Radioactive Material Disposal Impact Assessment which shall include

(A) a listing of all radioactive materials in each container to

be disposed, the number of containers to be dumped, the

structural diagrams of each container, the number of curies of

each material in each container, and the exposure levels in rems

at the inside and outside of each container;

(B) an analysis of the environmental impact of the proposed

action, at the site at which the applicant desires to dispose of

the material, upon human health and welfare and marine life;

be avoided should the proposal be implemented;

(D) an analysis of the resulting environmental and economic

conditions if the containers fail to contain the radioactive

waste material when initially deposited at the specific site;

(E) a plan for the removal or containment of the disposed

nuclear material if the container leaks or decomposes;

(F) a determination by each affected State whether the proposed

action is consistent with its approved Coastal Zone Management

Program;

(G) an analysis of the economic impact upon other users of

marine resources;

(H) alternatives to the proposed action;

(I) comments and results of consultation with State officials

and public hearings held in the coastal States that are nearest

to the affected areas;

(J) a comprehensive monitoring plan to be carried out by the

applicant to determine the full effect of the disposal on the

marine environment, living resources, or human health, which plan

shall include, but not be limited to, the monitoring of exterior

container radiation samples, the taking of water and sediment

samples, and fish and benthic animal samples, adjacent to the

containers, and the acquisition of such other information as the

Administrator may require; and

(K) such other information which the Administrator may require

in order to determine the full effects of such disposal.

(2) The Administrator shall include, in any permit to which

paragraph (1) applies, such terms and conditions as may be

necessary to ensure that the monitoring plan required under

paragraph (1)(J) is fully implemented, including the analysis by

the Administrator of the samples required to be taken under the

plan.

(3) The Administrator shall submit a copy of the assessment

prepared under paragraph (1) with respect to any permit to the

Committee on Merchant Marine and Fisheries of the House of

Representatives and the Committee on Environment and Public Works

of the Senate.

(4)(A) Upon a determination by the Administrator that a permit to

which this subsection applies should be issued, the Administrator

shall transmit such a recommendation to the House of

Representatives and the Senate.

(B) No permit may be issued by the Administrator under this Act

for the disposal of radioactive materials in the ocean unless the

Congress, by approval of a resolution described in paragraph (D)

within 90 days of continuous session of the Congress beginning on

the date after the date of receipt by the Senate and the House of

Representatives of such recommendation, authorizes the

Administrator to grant a permit to dispose of radioactive material

under this Act.

(1) continuity of session of the Congress is broken only by an

adjournment sine die;

(2) the days on which either House is not in session because of

an adjournment of more than three days to a day certain are

excluded in the computation of the 90 day calendar period.

(D) For the purposes of this subsection, the term "resolution"

means a joint resolution, the resolving clause of which is as

follows: "That the House of Representatives and the Senate approve

and authorize the Administrator of the Environmental Protection

Agency to grant a permit to _____ under the Marine Protection,

Research, and Sanctuaries Act of 1972 to dispose of radioactive

materials in the ocean as recommended by the Administrator to the

Congress on _____, 19_."; the first blank space therein to be

filled with the appropriate applicant to dispose of nuclear

material and the second blank therein to be filled with the date on

which the Administrator submits the recommendation to the House of

Representatives and the Senate.

-SOURCE-

(Pub. L. 92-532, title I, Sec. 104, Oct. 23, 1972, 86 Stat. 1056;

Pub. L. 97-424, title IV, Sec. 424(a), Jan. 6, 1983, 96 Stat. 2165;

Pub. L. 100-17, title I, Sec. 133(c)(1), Apr. 2, 1987, 101 Stat.

172; Pub. L. 102-580, title V, Sec. 507, Oct. 31, 1992, 106 Stat.

4869.)

-REFTEXT-

REFERENCES IN TEXT

This Act and the Marine Protection, Research, and Sanctuaries Act

of 1972, referred to in subsec. (i)(4)(B), (D), is Pub. L. 92-532,

Oct. 23, 1972, 86 Stat. 1052, as amended, which is classified

generally to this chapter, chapter 41 (Sec. 2801 et seq.) of this

title, and chapters 32 (Sec. 1431 et seq.) and 32A (Sec. 1447 et

seq.) of Title 16, Conservation. For complete classification of

this Act to the Code, see Short Title note set out under section

1401 of this title and Tables.

-MISC1-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-580, Sec. 507(b), inserted at end

"Permits issued under this subchapter shall be issued for a period

of not to exceed 7 years."

Pub. L. 102-580, Sec. 507(a), amended cl. (4) generally. Prior to

amendment, cl. (4) read as follows: "the length of time for which

the permits are valid and their expiration date;".

Subsec. (d). Pub. L. 102-580, Sec. 507(c), inserted ", based upon

monitoring data from the dump site and surrounding area," after

"where he finds".

1987 - Subsec. (i)(4)(D). Pub. L. 100-17 inserted "to _____"

after "grant a permit".

1983 - Subsecs. (h), (i). Pub. L. 97-424 added subsecs. (h) and

(i).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES

Committee on Merchant Marine and Fisheries of House of

Representatives abolished and its jurisdiction transferred by House

Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For

treatment of references to Committee on Merchant Marine and

Fisheries, see section 1(b)(3) of Pub. L. 104-14, set out as a note

preceding section 21 of Title 2, The Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1412, 1413 of this title.

-End-

-CITE-

33 USC Sec. 1414a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 27 - OCEAN DUMPING

SUBCHAPTER I - REGULATION

-HEAD-

Sec. 1414a. Special provisions regarding certain dumping sites

-STATUTE-

(a) New York Bight Apex

(1) For purposes of this subsection -

(A) The term "Apex" means the New York Bight Apex consisting of

the ocean waters of the Atlantic Ocean westward of 73 degrees 30

minutes west longitude and northward of 40 degrees 10 minutes

north latitude.

(B) The term "Apex site" means that site within the Apex at

which the dumping of municipal sludge occurred before October 1,

1983.

or other unit of State or local government that on November 2,

1983, was authorized under court order to dump municipal sludge

at the Apex site.

(2) No person may apply for a permit under this subchapter in

relation to the dumping of, or the transportation for purposes of

dumping, municipal sludge within the Apex unless that person is an

eligible authority.

(3) The Administrator may not issue, or renew, any permit under

this subchapter that authorizes the dumping of, or the

transportation for purposes of dumping, municipal sludge within the

Apex after the earlier of -

(A) December 15, 1987; or

(B) the day determined by the Administrator to be the first day

on which municipal sludge generated by eligible authorities can

reasonably be dumped at a site designated under section 1412 of

this title other than a site within the Apex.

(b) Restriction on use of 106-mile site

The Administrator may not issue or renew any permit under this

subchapter which authorizes any person, other than a person that is

an eligible authority within the meaning of subsection (a)(1)(C) of

this section, to dump, or to transport for the purposes of dumping,

municipal sludge within the site designated under section 1412(c)

of this title by the Administrator and known as the "106-Mile Ocean

Waste Dump Site" (as described in 49 F.R. 19005).

-SOURCE-

(Pub. L. 92-532, title I, Sec. 104A, as added Pub. L. 99-662, title

XI, Sec. 1172(b), Nov. 17, 1986, 100 Stat. 4259; Pub. L. 100-4,

title V, Sec. 508(b), Feb. 4, 1987, 101 Stat. 79; Pub. L. 100-688,

title I, Sec. 1002, Nov. 18, 1988, 102 Stat. 4139.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-688 repealed the second of two identical

sections 104A of Pub. L. 92-532, both classified to this section

and enacted by Pub. L. 99-662 and Pub. L. 100-4, thereby involving

no change in text.

NEW YORK BIGHT APEX NOT SUITABLE FOR DUMPING

Section 1172(a) of Pub. L. 99-662 provided that: "The Congress

finds that the New York Bight Apex is no longer a suitable location

for the ocean dumping of municipal sludge."

An identical provision was enacted by Pub. L. 100-4, title V,

Sec. 508(a), Feb. 4, 1987, 101 Stat. 79.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1414b of this title.

-End-

-CITE-

33 USC Sec. 1414b 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 27 - OCEAN DUMPING

SUBCHAPTER I - REGULATION

-HEAD-

Sec. 1414b. Ocean dumping of sewage sludge and industrial waste

-STATUTE-

(a) Termination of dumping

(1) Prohibitions on dumping

Notwithstanding any other provision of law -

(A) on and after the 270th day after November 18, 1988, no

person (including a person described in section 1414a(a)(1)(C)

of this title) shall dump into ocean waters, or transport for

the purpose of dumping into ocean waters, sewage sludge or

industrial waste, unless such person -

(i) has entered into a compliance agreement or enforcement

agreement which meets the requirements of subsection (c)(2)

or (3) of this section, as applicable; and

(ii) has obtained a permit issued under section 1412 of

this title which authorizes such transportation and dumping;

and

(B) after December 31, 1991, it shall be unlawful for any

person to dump into ocean waters, or to transport for the

purposes of dumping into ocean waters, sewage sludge or

industrial waste.

(2) Prohibition on new entrants

The Administrator shall not issue any permit under this Act

which authorizes a person to dump into ocean waters, or to

transport for the purposes of dumping into ocean waters, sewage

sludge or industrial waste, unless that person was authorized by

a permit issued under section 1412 of this title or by a court

order to dump into ocean waters, or to transport for the purpose

of dumping into ocean waters, sewage sludge or industrial waste

on September 1, 1988.

(b) Special dumping fees

(1) In general

Subject to paragraph (4), any person who dumps into ocean

waters, or transports for the purpose of dumping into ocean

waters, sewage sludge or industrial waste shall be liable for a

fee equal to -

(A) $100 for each dry ton (or equivalent) of sewage sludge or

industrial waste transported or dumped by the person on or

after the 270th day after November 18, 1988, and before January

1, 1990;

(B) $150 for each dry ton (or equivalent) of sewage sludge or

industrial waste transported or dumped by the person on or

after January 1, 1990, and before January 1, 1991; and

industrial waste transported or dumped by the person on or

after January 1, 1991, and before January 1, 1992.

(2) Payment of fees

Of the amount of fees under paragraph (1) for which a person is

liable, such person -

(A) shall pay into a trust account established by the person

in accordance with subsection (e) of this section a sum equal

to 85 percent of such amount;

(B) shall pay to the Administrator a sum equal to $15 per dry

ton (or equivalent) of sewage sludge and industrial waste

transported or dumped by such person, for use for agency

activities as provided in subsection (f)(1) of this section;

Fund established by the State in which the person is located a

sum equal to 50 percent of the balance of such amount after

application of subparagraphs (A) and (B); and

(D) subject to paragraph (5), shall pay to the State in which

the person is located a sum equal to the balance of such amount

after application of subparagraphs (A), (B), and (C), for

deposit into the water pollution control revolving fund

established by the State under title VI of the Federal Water

Pollution Control Act [33 U.S.C. 1381 et seq.], as provided in

subsection (f)(2) of this section.

(3) Schedule for payment

Fees under this subsection shall be paid on a quarterly basis.

(4) Waiver of fees

(A) The Administrator shall waive all fees under this

subsection, other than the portion of fees required to be paid to

the Administrator under paragraph (2)(B) for agency activities,

for any person who has entered into a compliance agreement which

meets the requirements of subsection (c)(2) of this section.

(B) The Administrator shall reimpose fees under this subsection

for a person for whom such fees are waived under subparagraph (A)

if the Administrator determines that -

(i) the person has failed to comply with the terms of a

compliance agreement which the person entered into under

subsection (c)(2) of this section; and

(ii) such failure is likely to result in the person not being

able to terminate by December 31, 1991, dumping of sewage

sludge or industrial waste into ocean waters.

under subparagraph (B) if the Administrator determines that the

person has returned to compliance with a compliance agreement

which the person entered into under subsection (c)(2) of this

section.

(5) Payments prior to establishment of account

(A) In any case in which a State has not established a Clean

Oceans Fund or a water pollution control revolving fund under

title VI of the Federal Water Pollution Control Act [33 U.S.C.

1381 et seq.], fees required to be paid by a person in that State

under paragraph (2)(C) or (D), as applicable, shall be paid to

the Administrator.

(B) Amounts paid to the Administrator pursuant to this

paragraph shall be held by the Administrator in escrow until the

establishment of the fund into which such amounts are required to

be paid under paragraph (2), or until the last day of the 1-year

period beginning on the date of such payment, whichever is

earlier, and thereafter -

(i) if such fund has been established, shall be paid by the

Administrator into the fund; or

(ii) if such fund has not been established, shall revert to

the general fund of the Treasury.

(1) In general

As a condition of issuing a permit under section 1412 of this

title which authorizes a person to transport or dump sewage

sludge or industrial waste, the Administrator shall require that,

before the issuance of such permit, the person and the State in

which the person is located enter into with the Administrator -

(A) a compliance agreement which meets the requirements of

paragraph (2); or

(B) an enforcement agreement which meets the requirements of

paragraph (3).

(2) Compliance agreements

An agreement shall be a compliance agreement for purposes of

this section only if -

(A) it includes a plan negotiated by the person, the State in

which the person is located, and the Administrator that will,

in the opinion of the Administrator, if adhered to by the

person in good faith, result in the phasing out and termination

of ocean dumping, and transportation for the purpose of ocean

dumping, of sewage sludge and industrial waste by such person

by not later than December 31, 1991, through the design,

construction, and full implementation of an alternative system

for the management of sewage sludge and industrial waste

transported or dumped by the person;

(B) it includes a schedule which -

(i) in the opinion of the Administrator, specifies

reasonable dates by which the person shall complete the

various activities that are necessary for the timely

implementation of the alternative system referred to in

subparagraph (A); and

(ii) meets the requirements of paragraph (4);

Administrator and the Governor of the State of any problems the

person has in complying with the schedule referred to in

subparagraph (B);

(D) it requires the Administrator and the Governor of the

State to evaluate on an ongoing basis the compliance of the

person with the schedule referred to in subparagraph (B);

(E) it requires the person to pay in accordance with this

section all fees and penalties the person is liable for under

this section; and

(F) it authorizes the person to use interim measures before

completion of the alternative system referred to in

subparagraph (A).

(3) Enforcement agreements

An agreement shall be an enforcement agreement for purposes of

this section only if -

(A) it includes a plan negotiated by the person, the State in

which the person is located, and the Administrator that will,

in the opinion of the Administrator, if adhered to by the

person in good faith, result in the phasing out and termination

of ocean dumping, and transportation for the purpose of ocean

dumping, of sewage sludge and industrial waste by such person

through the design, construction, and full implementation of an

alternative system for the management of sewage sludge and

industrial waste transported or dumped by the person;

(B) it includes a schedule which -

(i) in the opinion of the Administrator, specifies

reasonable dates by which the person shall complete the

various activities that are necessary for the timely

implementation of the alternative system referred to in

subparagraph (A); and

(ii) meets the requirements of paragraph (4);

Administrator and the Governor of the State of any problems the

person has in complying with the schedule referred to in

subparagraph (B);

(D) it requires the Administrator and the Governor of the

State to evaluate on an ongoing basis the compliance of the

person with the schedule referred to in subparagraph (B);

(E) it requires the person to pay in accordance with this

section all fees and penalties the person is liable for under

this section; and

(F) it authorizes the person to use interim measures before

completion of the alternative system referred to in

subparagraph (A).

(4) Schedules

A schedule included in a compliance agreement pursuant to

paragraph (2)(B) or an enforcement agreement pursuant to

paragraph (3)(B) shall establish deadlines for -

(A) preparation of engineering designs and related

specifications for the alternative system referred to in

paragraph (2)(A) or paragraph (3)(A), as applicable;

(B) compliance with appropriate Federal, State, and local

statutes, regulations, and ordinances;

system;

(D) construction and testing of such alternative system;

(E) operation of such alternative system at full capacity;

and

(F) any other activities, including interim measures, that

the Administrator considers necessary or appropriate.

(5) Clean oceans funds

(A) Each State that is a party to a compliance agreement or an

enforcement agreement under this subsection shall establish an

interest bearing account, to be known as a Clean Oceans Fund,

into which a person shall pay fees and penalties in accordance

with subsections (b)(2)(C) and (d)(2)(C)(i) of this section,

respectively.

(B) A State which establishes a Clean Oceans Fund pursuant to

this paragraph shall allocate and pay from the fund each year, to

each person in the State which has entered into a compliance

agreement or enforcement agreement under this subsection, a

portion of amounts in the fund on the last day of that year which

is equal to the sum of -

(i) amounts paid by the person into the fund in that year as

fees pursuant to subsection (b)(2)(C) of this section and as

penalties pursuant to subsection (d)(2)(C)(i) of this section;

(ii) amounts paid by the Administrator into the fund in that

year as fees held in escrow for the person pursuant to

subsection (b)(5)(B) of this section; and

(iii) interest on such amounts.

subparagraph (B) -

(i) shall be used for the purposes described in subsection

(e)(2)(B) of this section; and

(ii) may be used for matching Federal grants.

(D) A Clean Oceans Fund established by a State pursuant to this

paragraph shall be subject to such accounting, reporting, and

other requirements as may be established by the Administrator to

assure accountability of payments into and out of the fund.

(6) Public participation

The Administrator shall provide an opportunity for public

comment regarding the establishment and implementation of

compliance agreements and enforcement agreements entered into

pursuant to this section.

(d) Penalties

(1) In general

In lieu of any other civil penalty under this Act, any person

who has entered into a compliance agreement or enforcement

agreement under subsection (c) of this section and who dumps or

transports sewage sludge or industrial waste in violation of

subsection (a)(1)(B) of this section shall be liable for a civil

penalty, to be assessed by the Administrator, as follows:

(A) For each dry ton (or equivalent) of sewage sludge or

industrial waste dumped or transported by the person in

violation of this subsection in calendar year 1992, $600.

(B) For each dry ton (or equivalent) of sewage sludge or

industrial waste dumped or transported by the person in

violation of this subsection in any year after calendar year

1992, a sum equal to -

(i) the amount of penalty per dry ton (or equivalent) for a

violation occurring in the preceding calendar year, plus

(ii) a percentage of such amount equal to 10 percent of

such amount, plus an additional 1 percent of such amount for

each full calendar year since December 31, 1991.

(2) Payment of penalty

Of the amount of penalties under paragraph (1) for which a

person is liable, such person -

(A) shall pay into a trust account established by the person

in accordance with subsection (e) of this section a sum which

is a percentage of such amount equal to -

(i) 90 percent of such amount, reduced by

(ii) 5 percent of such amount for each full calendar year

since December 31, 1991;

(B) shall pay to the Administrator a sum equal to $15 per dry

ton (or equivalent) of sewage sludge and industrial waste

transported or dumped by such person in that year, for use for

agency activities as provided in subsection (f)(1) of this

section;

(i) subject to paragraph (4), shall pay into the Clean

Oceans Fund established by the State in which the person is

located a sum equal to 50 percent of the balance of such

amount; and

(ii) subject to paragraph (4), shall pay to the State in

which the person is located a sum equal to the portion of

such amount which is not paid as provided in subparagraphs

(A), (B), and (C), for deposit into the water pollution

control revolving fund established by the State under title

VI of the Federal Water Pollution Control Act [33 U.S.C. 1381

et seq.], as provided in subsection (f)(2) of this section;

and

(D) for violations in any year after calendar year 1994,

shall pay to the State in which the person is located a sum

equal to the balance of such amount, for use by the State for

providing assistance under subsection (f)(3) of this section.

(3) Schedule for payment

Penalties under this subsection shall be paid on a quarterly

basis.

(4) Payments prior to establishment of account

In any case in which a State has not established a Clean Oceans

Fund or a water pollution control revolving fund under title VI

of the Federal Water Pollution Control Act, penalties required to

be paid by a person in that State under paragraph (2)(C)(i) or

(ii), as applicable, shall be paid to the Administrator for

holding and payment or reversion, as applicable, in the same

manner as fees are held and paid or revert under subsection

(b)(5) of this section.

(e) Trust account

(1) In general

A person who enters into a compliance agreement or an

enforcement agreement under subsection (c) of this section shall

establish a trust account for the payment and use of fees and

penalties under this section.

(2) Trust account requirements

An account shall be a trust account for purposes of this

subsection only if it meets, to the satisfaction of the

Administrator, the following requirements:

(A) Amounts in the account may be used only with the

concurrence of the person who establishes the account and the

Administrator; except that the person may use amounts in the

account for a purpose authorized by subparagraph (B) after 60

days after notification of the Administrator if the

Administrator does not disapprove such use before the end of

such 60-day period.

(B) Amounts in the account may be used only for projects

which will identify, develop, and implement -

(i) an alternative system, and any interim measures, for

the management of sewage sludge and industrial waste,

including but not limited to any such system or measures

utilizing resource recovery, recycling, thermal reduction, or

composting techniques; or

(ii) improvements in pretreatment, treatment, and storage

techniques for sewage sludge and industrial waste to

facilitate the implementation of such alternative system or

interim measures.

pay fees or penalties into an account as required by this

section, or did not use amounts in the account in accordance

with this subsection, the balance of the amounts in the account

shall be paid to the State in which the person is located, for

deposit into the water pollution control revolving fund

established by the State under title VI of the Federal Water

Pollution Control Act [33 U.S.C. 1381 et seq.], as provided in

subsection (f)(2) of this section.

(3) Use of unexpended amounts

Upon a determination by the Administrator that a person has

terminated ocean dumping of sewage sludge or industrial waste,

the balance of amounts in an account established by the person

under this subsection shall be paid to the person for use -

(A) for debts incurred by the person in complying with this

Act or the Federal Water Pollution Control Act [33 U.S.C. 1251

et seq.];

(B) in meeting the requirements of the Federal Water

Pollution Control Act (33 U.S.C. 1251 et seq.) which apply to

the person, including operations and maintenance; and

(4) Use for matching Federal grants

Amounts in a trust account under this subsection may be used

for matching Federal grants.

(f) Use of fees and penalties

(1) Agency activities

Of the total amount of fees and penalties paid to the

Administrator in a fiscal year pursuant to subsections (b)(2)(B)

and (d)(2)(B) of this section, respectively -

(A) not to exceed one-third of such total amount shall be

used by the Administrator for -

(i) costs incurred or expected to be incurred in

undertaking activities directly associated with the issuance

under this Act of permits for the transportation or dumping

of sewage sludge and industrial waste, including the costs of

any environmental assessment of the direct effects of dumping

under the permits;

(ii) preparation of reports under subsection (i) of this

section; and

(iii) such other research, studies, and projects the

Administrator considers necessary for, and consistent with,

the development and implementation of alternative systems for

the management of sewage sludge and industrial waste;

(B) not to exceed one-third of such total amount shall be

transferred to the Secretary of the department in which the

Coast Guard is operating for use for -

(i) Coast Guard surveillance of transportation and dumping

of sewage sludge and industrial waste subject to this Act;

and

(ii) such enforcement activities conducted by the Coast

Guard with respect to such transportation and dumping as may

be necessary to ensure to the maximum extent practicable

complete compliance with the requirements of this Act; and

transferred to the Under Secretary of Commerce for Oceans and

Atmosphere for use for -

(i) monitoring, research, and related activities consistent

with the program developed pursuant to subsection (j)(1) of

this section; and

(ii) preparing annual reports to the Congress pursuant to

subsection (j)(4) (!1) of this section which describe the

results of such monitoring, research, and activities.

(2) Deposits into State water pollution control revolving fund

(A) Amounts paid to a State pursuant to subsection (b)(2)(D),

(d)(2)(C)(ii), or (e)(2)(C) of this section shall be deposited

into the water pollution control revolving fund established by

the State pursuant to title VI of the Federal Water Pollution

Control Act [33 U.S.C. 1381 et seq.].

(B) Amounts deposited into a State water pollution control

revolving fund pursuant to this paragraph -

(i) shall not be used by the State to provide assistance to

the person who paid such amounts for development or

implementation of any alternative system;

(ii) shall not be considered to be State matching amounts

under title VI of the Federal Water Pollution Control Act; and

(iii) shall not be subject to State matching requirements

under such title.

(3) Penalty payments to States after 1994

(A) Amounts paid to a State as penalties pursuant to subsection

(d)(2)(D) of this section may be used by the State -

(i) for providing assistance to any person in the State -

(I) for implementing a management program under section 319

of the Federal Water Pollution Control Act [33 U.S.C. 1329];

(II) for developing and implementing a conservation and

management plan under section 320 of such Act [33 U.S.C.

1330]; or

(III) for implementing technologies and management

practices necessary for controlling pollutant inputs

adversely affecting the New York Bight, as such inputs are

identified in the New York Bight Restoration Plan prepared

under section 2301 of the Marine Plastic Pollution Research

and Control Act of 1987; and

(ii) for providing assistance to any person in the State who

was not required to pay such penalties for construction of

treatment works (as defined in section 212 of the Federal Water

Pollution Control Act [33 U.S.C. 1292]) which are publicly

owned.

(B) Amounts paid to a State as penalties pursuant to subsection

(d)(2)(D) of this section which are not used in accordance with

subparagraph (A) shall be deposited into the water pollution

control revolving fund established by the State under title VI of

the Federal Water Pollution Control Act. Amounts deposited into

such a fund pursuant to this subparagraph -

(i) shall not be used by the State to provide assistance to

the person who paid such amounts;

(ii) shall not be considered to be State matching amounts

under title VI of the Federal Water Pollution Control Act; and

(iii) shall not be subject to State matching requirements

under such title.

(4) Deposits into Treasury as offsetting collections

Amounts of fees and penalties paid to the Administrator

pursuant to subsection (b)(2)(B) or (d)(2)(B) of this section

which are used by an agency in accordance with paragraph (1)

shall be deposited into the Treasury as offsetting collections of

the agency.

(g) Enforcement

(1) In general

Whenever, on the basis of any information available, the

Administrator finds that a person is dumping or transporting

sewage sludge or industrial waste in violation of subsection

(a)(1) of this section, the Administrator shall issue an order

requiring such person to terminate such dumping or transporting

(as applicable) until such person -

(A) enters into a compliance agreement or an enforcement

agreement under subsection (c) of this section; and

(B) obtains a permit under section 1412 of this title which

authorizes such dumping or transporting.

(2) Requirements of order

Any order issued by the Administrator under this subsection -

(A) shall be delivered by personal service to the person

named in the order;

(B) shall state with reasonable specificity the nature of the

violation for which the order is issued; and

condition of dumping into ocean waters, or transporting for the

purpose of dumping into ocean waters, sewage sludge or

industrial waste -

(i) shall enter into a compliance agreement or an

enforcement agreement under subsection (c) of this section;

and

(ii) shall obtain a permit under section 1412 of this title

which authorizes such dumping or transporting.

(3) Actions

The Administrator may request the Attorney General to commence

a civil action for appropriate relief, including a temporary or

permanent injunction and the imposition of civil penalties

authorized by subsection (d)(1) of this section, for any

violation of subsection (a)(1) of this section or of an order

issued by the Administrator under this section. Such an action

may be brought in the district court of the United States for the

district in which the defendant is located, resides, or is doing

business, and such court shall have jurisdiction to restrain such

violation and require compliance with subsection (a)(1) of this

section and any such order.

(h) State progress reports

(1) In general

The Governor of each State that is a party to a compliance

agreement or an enforcement agreement under subsection (c) of

this section shall submit to the Administrator on September 30 of

1989 and of every year thereafter until the Administrator

determines that ocean dumping of sewage sludge and industrial

waste by persons located in that State has terminated, a report

which describes -

(A) the efforts of each person located in the State to comply

with a compliance agreement or enforcement agreement entered

into by the person pursuant to subsection (c) of this section,

including the extent to which such person has complied with

deadlines established by the schedule included in such

agreement;

(B) activity of the State regarding permits for the

construction and operation of each alternative system; and

Clean Oceans Fund established by the State.

(2) Failure to submit report

If a State fails to submit a report in accordance with this

subsection, the Administrator shall withhold funds reserved for

such State under section 205(g) of the Federal Water Pollution

Control Act (33 U.S.C. 1285(g)). Funds withheld pursuant to this

paragraph may, at the discretion of the Administrator, be

restored to a State upon compliance with this subsection.

(i) EPA progress reports

(1) In general

Not later than December 31 of 1989 and of each year thereafter

until the Administrator determines that ocean dumping of sewage

sludge and industrial waste has terminated, the Administrator

shall prepare and submit to the Congress a report on -

(A) progress being made by persons issued permits under

section 1412 of this title for transportation or dumping of

sewage sludge or industrial waste in developing alternative

systems for managing sewage sludge and industrial waste;

(B) the efforts of each such person to comply with a

compliance agreement or enforcement agreement entered into by

the person pursuant to subsection (c) of this section,

including the extent to which such person has complied with

deadlines established by the schedule included in such

agreement;

identifying and implementing alternative systems for the

management of sewage sludge and industrial waste; and

(D) progress being made toward the termination of ocean

dumping of sewage sludge and industrial waste.

(2) Referral to Congressional committees

Each report submitted to the Congress under this subsection

shall be referred to each standing committee of the House of

Representatives and of the Senate having jurisdiction over any

part of the subject matter of the report.

(j) Environmental monitoring

(1) In general

The Administrator, in cooperation with the Under Secretary of

Commerce for Oceans and Atmosphere, shall design a program for

monitoring environmental conditions -

(A) at the Apex site (as that term is defined in section

1414a of this title);

(B) at the site designated by the Administrator under section

1412(c) of this title and known as the "106-Mile Ocean Waste

Dump Site" (as described in 49 F.R. 19005);

(D) within the potential area of influence of the sewage

sludge and industrial waste dumped at those sites.

(2) Program requirements

The program designed under paragraph (1) shall include, but is

not limited to -

(A) sampling of an appropriate number of fish and shellfish

species and other organisms to assess the effects of

environmental conditions on living marine organisms in these

areas; and

(B) use of satellite and other advanced technologies in

conducting the program.

(3) Monitoring activities

The Administrator and the Under Secretary of Commerce for

Oceans and Atmosphere shall each conduct monitoring activities

consistent with the program designed under paragraph (1).

(4) Omitted

(k) Definitions

For purposes of this section -

(1) the term "alternative system" means any method for the

management of sewage sludge or industrial waste which does not

require a permit under this Act;

(2) the term "Clean Oceans Fund" means such a fund established

by a State in accordance with subsection (c)(5) of this section;

(3) the term "excluded material" means -

(A) any dredged material discharged by the United States Army

Corps of Engineers or discharged pursuant to a permit issued by

the Secretary in accordance with section 1413 of this title;

and

(B) any waste from a tuna cannery operation located in

American Samoa or Puerto Rico discharged pursuant to a permit

issued by the Administrator under section 1412 of this title;

(4) the term "industrial waste" means any solid, semisolid, or

liquid waste generated by a manufacturing or processing plant,

other than an excluded material;

(5) the term "interim measure" means any short-term method for

the management of sewage sludge or industrial waste, which -

(A) is used before implementation of an alternative system;

and

(B) does not require a permit under this Act; and

(6) the term "sewage sludge" means any solid, semisolid, or

liquid waste generated by a wastewater treatment plant, other

than an excluded material.

-SOURCE-

(Pub. L. 92-532, title I, Sec. 104B, as added Pub. L. 100-688,

title I, Sec. 1002, Nov. 18, 1988, 102 Stat. 4139.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (a)(2), (d)(1), (e)(3)(A),

(f)(1)(A)(i), (B), and (k)(1), (5)(B), means Pub. L. 92-532, which

is classified generally to this chapter, chapter 41 (Sec. 2801 et

seq.) of this title, and chapters 32 (Sec. 1431 et seq.) and 32A

(Sec. 1447 et seq.) of Title 16, Conservation.

The Federal Water Pollution Control Act, referred to in subsecs.

(b)(2)(D), (5)(A), (d)(2)(C)(ii), (4), (e)(2)(C), (3)(A), (B),

(f)(2)(A), (B)(ii), (iii), and (3)(B), is act June 30, 1948, ch.

758, as amended generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972,

86 Stat. 816, which is classified generally to chapter 26 (Sec.

1251 et seq.) of this title. Title VI of that Act is classified to

subchapter VI (Sec. 1381 et seq.) of chapter 26 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.

Subsection (j)(4) of this section, referred to in subsec.

(f)(1)(C)(ii), was omitted from the Code. See Codification note

below.

Section 2301 of the Marine Plastic Pollution Research and Control

Act of 1987, referred to in subsec. (f)(3)(A)(i)(III), is section

2301 of Pub. L. 100-220 which is set out as a note under section

2267 of this title.

-COD-

CODIFICATION

Subsec. (j)(4)(A) of this section directed the Administrator, in

cooperation with the Under Secretary of Commerce for Oceans and

Atmosphere, to submit to Congress a report describing the program

designed pursuant to subsec. (j)(1) of this section not later than

one year after Nov. 18, 1988.

Subsec. (j)(4)(B) of this section, which required the

Administrator and the Under Secretary of Commerce for Oceans and

Atmosphere to report annually to Congress on monitoring activities

conducted under the program designed pursuant to subsec. (j)(1) of

this section, terminated, effective May 15, 2000, pursuant to

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance. See, also, page 148 of

House Document No. 103-7.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1412a, 1414c, 1415 of

this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

33 USC Sec. 1414c 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 27 - OCEAN DUMPING

SUBCHAPTER I - REGULATION

-HEAD-

Sec. 1414c. Prohibition on disposal of sewage sludge at landfills

on Staten Island

-STATUTE-

(a) In general

No person shall dispose of sewage sludge at any landfill located

on Staten Island, New York.

(b) Exclusion from penalties

(1) In general

Subject to paragraph (2), a person who violates this section

shall not be subject to any penalty under this Act.

(2) Injunction

Paragraph (1) shall not prohibit the bringing of an action for,

or the granting of, an injunction under section 1415 of this

title with respect to a violation of this section.

For purposes of this section, the term "sewage sludge" has the

meaning such term has in section 1414b of this title.

-SOURCE-

(Pub. L. 92-532, title I, Sec. 104C, as added Pub. L. 100-688,

title I, Sec. 1005, Nov. 18, 1988, 102 Stat. 4150.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (b)(1), means Pub. L. 92-532,

which is classified generally to this chapter, chapter 41 (Sec.

2801 et seq.) of this title, and chapters 32 (Sec. 1431 et seq.)

and 32A (Sec. 1447 et seq.) of Title 16, Conservation.

-End-

-CITE-

33 USC Sec. 1415 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 27 - OCEAN DUMPING

SUBCHAPTER I - REGULATION

-HEAD-

Sec. 1415. Penalties

-STATUTE-

(a) Assessment of civil penalty by Administrator; remission or

mitigation; court action for appropriate relief

Any person who violates any provision of this subchapter, or of

the regulations promulgated under this subchapter, or a permit

issued under this subchapter shall be liable to a civil penalty of

not more than $50,000 for each violation to be assessed by the

Administrator. In addition, any person who violates this subchapter

or any regulation issued under this subchapter by engaging in

activity involving the dumping of medical waste shall be liable for

a civil penalty of not more than $125,000 for each violation, to be

assessed by the Administrator after written notice and an

opportunity for a hearing. No penalty shall be assessed until the

person charged shall have been given notice and an opportunity for

a hearing of such violation. In determining the amount of the

penalty, the gravity of the violation, prior violations, and the

demonstrated good faith of the person charged in attempting to

achieve rapid compliance after notification of a violation shall be

considered by said Administrator. For good cause shown, the

Administrator may remit or mitigate such penalty. Upon failure of

the offending party to pay the penalty, the Administrator may

request the Attorney General to commence an action in the

appropriate district court of the United States for such relief as

may be appropriate.

(b) Criminal penalties

In addition to any action that may be brought under subsection

(a) of this section -

(1) any person who knowingly violates any provision of this

subchapter, any regulation promulgated under this subchapter, or

a permit issued under this subchapter, shall be fined under title

18 or imprisoned for not more than 5 years, or both; and

(2) any person who is convicted of such a violation pursuant to

paragraph (1) shall forfeit to the United States -

(A) any property constituting or derived from any proceeds

that the person obtained, directly or indirectly, as a result

of such violation; and

(B) any of the property of the person which was used, or

intended to be used in any manner or part, to commit or to

facilitate the commission of the violation.

For the purpose of imposing civil penalties and criminal fines

under this section, each day of a continuing violation shall

constitute a separate offense as shall the dumping from each of

several vessels, or other sources.

(d) Injunctive relief

The Attorney General or his delegate may bring actions for

equitable relief to enjoin an imminent or continuing violation of

this subchapter, of regulations promulgated under this subchapter,

or of permits issued under this subchapter, and the district courts

of the United States shall have jurisdiction to grant such relief

as the equities of the case may require.

(e) Liability of vessels in rem

A vessel, except a public vessel within the meaning of section 13

of the Federal Water Pollution Control Act, as amended, used in a

violation, shall be liable in rem for any civil penalty assessed or

criminal fine imposed and may be proceeded against in any district

court of the United States having jurisdiction thereof; but no

vessel shall be liable unless it shall appear that one or more of

the owners, or bareboat charterers, was at the time of the

violation a consenting party or privy to such violation.

(f) Revocation and suspension of permits

If the provisions of any permit issued under section 1412 or 1413

of this title are violated, the Administrator or the Secretary, as

the case may be, may revoke the permit or may suspend the permit

for a specified period of time. No permit shall be revoked or

suspended unless the permittee shall have been given notice and

opportunity for a hearing on such violation and proposed suspension

or revocation.

(g) Civil suits by private persons

(1) Except as provided in paragraph (2) of this subsection any

person may commence a civil suit on his own behalf to enjoin any

person, including the United States and any other governmental

instrumentality or agency (to the extent permitted by the eleventh

amendment to the Constitution), who is alleged to be in violation

of any prohibition, limitation, criterion, or permit established or

issued by or under this subchapter. The district courts shall have

jurisdiction, without regard to the amount in controversy or the

citizenship of the parties, to enforce such prohibition,

limitation, criterion, or permit, as the case may be.

(2) No action may be commenced -

(A) prior to sixty days after notice of the violation has been

given to the Administrator or to the Secretary, and to any

alleged violator of the prohibition, limitation, criterion, or

permit; or

(B) if the Attorney General has commenced and is diligently

prosecuting a civil action in a court of the United States to

require compliance with the prohibition, limitation, criterion,

or permit; or

penalty pursuant to subsection (a) of this section, or if the

Administrator, or the Secretary, has initiated permit revocation

or suspension proceedings under subsection (f) of this section;

(D) if the United States has commenced and is diligently

prosecuting a criminal action in a court of the United States or

a State to redress a violation of this subchapter.

(3)(A) Any suit under this subsection may be brought in the

judicial district in which the violation occurs.

(B) In any such suit under this subsection in which the United

States is not a party, the Attorney General, at the request of the

Administrator or Secretary, may intervene on behalf of the United

States as a matter of right.

(4) The court, in issuing any final order in any suit brought

pursuant to paragraph (1) of this subsection may award costs of

litigation (including reasonable attorney and expert witness fees)

to any party, whenever the court determines such award is

appropriate.

(5) The injunctive relief provided by this subsection shall not

restrict any right which any person (or class of persons) may have

under any statute or common law to seek enforcement of any standard

or limitation or to seek any other relief (including relief against

the Administrator, the Secretary, or a State agency).

(h) Emergencies

No person shall be subject to a civil penalty or to a criminal

fine or imprisonment for dumping materials from a vessel if such

materials are dumped in an emergency to safeguard life at sea. Any

such emergency dumping shall be reported to the Administrator under

such conditions as he may prescribe.

(i) Seizure and forfeiture

(1) In general

Any vessel used to commit an act for which a penalty is imposed

under subsection (b) of this section shall be subject to seizure

and forfeiture to the United States under procedures established

for seizure and forfeiture of conveyances under sections 853 and

881 of title 21.

(2) Limitation on application

This subsection does not apply to an act committed

substantially in accordance with a compliance agreement or

enforcement agreement entered into by the Administrator under

section 1414b(c) of this title.

-SOURCE-

(Pub. L. 92-532, title I, Sec. 105, Oct. 23, 1972, 86 Stat. 1057;

Pub. L. 100-688, title III, Sec. 3201(c), (d), Nov. 18, 1988, 102

Stat. 4153; Pub. L. 102-580, title V, Sec. 508, Oct. 31, 1992, 106

Stat. 4869.)

-REFTEXT-

REFERENCES IN TEXT

Section 13 of the Federal Water Pollution Control Act, referred

to in subsec. (e), is section 13 of act June 30, 1948, ch. 758, as

added by act Apr. 3, 1970, Pub. L. 91-224, title I, Sec. 102, 84

Stat. 100, which was classified to section 1163 of this title and

was superseded by Pub. L. 92-500, Oct. 18, 1972, 86 Stat. 816. See

section 1322 of this title.

-MISC1-

AMENDMENTS

1992 - Subsec. (b). Pub. L. 102-580, Sec. 508(a), amended subsec.

(b) generally. Prior to amendment, subsec. (b) read as follows:

"(1) In addition to any action which may be brought under

subsection (a) of this section, a person who knowingly violates

this subchapter, regulations promulgated under this subchapter, or

a permit issued under this subchapter shall be fined not more than

$50,000, or imprisoned for not more than one year, or both.

"(2) In addition to any action which may be brought under

subsection (a) of this section, any person -

"(A) who knowingly violates any provision of this subchapter by

engaging in activity involving the dumping into ocean waters of

medical waste shall upon conviction be fined not more than

$250,000, or imprisoned for not more than 5 years, or both; and

"(B) convicted of a violation involving such activity shall

forfeit to the United States any property constituting or derived

from any proceeds the person obtained, directly or indirectly, as

a result of such violation, and any of the property of the person

which was used, or intended to be used in any manner or part, to

commit or to facilitate the commission of the violation."

Subsec. (i). Pub. L. 102-508, Sec. 508(b), added subsec. (i).

1988 - Subsec. (a). Pub. L. 100-688, Sec. 3201(c), inserted

provisions relating to civil penalty of not more than $125,000 for

engaging in activity involving dumping of medical waste.

Subsec. (b). Pub. L. 100-688, Sec. 3201(d), designated existing

provisions as par. (1) and added par. (2).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1414c of this title.

-End-

-CITE-

33 USC Sec. 1416 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 27 - OCEAN DUMPING

SUBCHAPTER I - REGULATION

-HEAD-

Sec. 1416. Relationship to other laws

-STATUTE-

(a) Voiding of preexisting licenses

After the effective date of this subchapter, all licenses,

permits, and authorizations other than those issued pursuant to

this subchapter shall be void and of no legal effect, to the extent

that they purport to authorize any activity regulated by this

subchapter, and whether issued before or after the effective date

of this subchapter.

(b) Actions under authority of Rivers and Harbors Act

The provisions of subsection (a) of this section shall not apply

to actions taken before the effective date of this subchapter under

the authority of the Rivers and Harbors Act of 1899 (30 Stat.

1151), as amended (33 U.S.C. 401 et seq.).

Prior to issuing any permit under this subchapter, if it appears

to the Administrator that the disposition of material, other than

dredged material, may adversely affect navigation in the

territorial sea of the United States, or in the approaches to any

harbor of the United States, or may create an artificial island on

the Outer Continental Shelf, the Administrator shall consult with

the Secretary and no permit shall be issued if the Secretary

determines that navigation will be unreasonably impaired.

(d) State programs

(1) State rights preserved

Except as expressly provided in this subsection, nothing in

this subchapter shall preclude or deny the right of any State to

adopt or enforce any requirements respecting dumping of materials

into ocean waters within the jurisdiction of the State.

(2) Federal projects

In the case of a Federal project, a State may not adopt or

enforce a requirement that is more stringent than a requirement

under this subchapter if the Administrator finds that such

requirement -

(A) is not supported by relevant scientific evidence showing

the requirement to be protective of human health, aquatic

resources, or the environment;

(B) is arbitrary or capricious; or

without regard to Federal, State, or private participation and

the Secretary of the Army concurs in such finding.

(3) Exemption from State requirements

The President may exempt a Federal project from any State

requirement respecting dumping of materials into ocean waters if

it is in the paramount interest of the United States to do so.

(4) Consideration of site of origin prohibited

Any requirement respecting dumping of materials into ocean

waters applied by a State shall be applied without regard to the

site of origin of the material to be dumped.

(e) Existing conservation programs not affected

Nothing in this subchapter shall be deemed to affect in any

manner or to any extent any provision of the Fish and Wildlife

Coordination Act as amended (16 U.S.C. 661-666c).

(f) Dumping of dredged material in Long Island Sound from any

Federal, etc., project

In addition to other provisions of law and not withstanding the

specific exclusion relating to dredged material in the first

sentence in section 1412(a) of this title, the dumping of dredged

material in Long Island Sound from any Federal project (or pursuant

to Federal authorization) or from a dredging project by a

non-Federal applicant exceeding 25,000 cubic yards shall comply

with the requirements of this subchapter.

(g) Savings clause

Nothing in this Act shall restrict, affect or modify the rights

of any person (1) to seek damages or enforcement of any standard or

limitation under State law, including State common law, or (2) to

seek damages under other Federal law, including maritime tort law,

resulting from noncompliance with any requirement of this Act or

any permit under this Act.

-SOURCE-

(Pub. L. 92-532, title I, Sec. 106, Oct. 23, 1972, 86 Stat. 1058;

Pub. L. 96-572, Sec. 4, Dec. 22, 1980, 94 Stat. 3345; Pub. L.

99-499, title I, Sec. 127(d), Oct. 17, 1986, 100 Stat. 1693; Pub.

L. 101-596, title II, Sec. 203, Nov. 16, 1990, 104 Stat. 3006; Pub.

L. 102-580, title V, Sec. 505, Oct. 31, 1992, 106 Stat. 4867.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this subchapter, referred to in subsecs.

(a) and (b), means the effective date of title I of Pub. L. 92-532,

which is six months after Oct. 23, 1972. See section 110(a) of Pub.

L. 92-532, set out as an Effective Date note under section 1411 of

this title.

The Rivers and Harbors Act of 1899, referred to in subsec. (b),

is act Mar. 3, 1899, ch. 425, 30 Stat. 1151, as amended, which

enacted sections 401, 403, 404, 406 to 409, 411 to 416, 418, 502,

549, 686, and 687 of this title. For complete classification of

this Act to the Code, see Tables.

The Fish and Wildlife Coordination Act referred to in subsec.

(e), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, as amended, which

is classified generally to sections 661 to 666c of Title 16,

Conservation. For complete classification of this Act to the Code,

see Short Title note set out under section 661 of Title 16 and

Tables.

This Act, referred to in subsec. (g), means Pub. L. 92-532, which

is classified generally to this chapter, chapter 41 (Sec. 2801 et

seq.) of this title, and chapters 32 (Sec. 1431 et seq.) and 32A

(Sec. 1447 et seq.) of Title 16.

-MISC1-

AMENDMENTS

1992 - Subsec. (d). Pub. L. 102-580 amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: "After

the effective date of this subchapter, no State shall adopt or

enforce any rule or regulation relating to any activity regulated

by this subchapter. Any State may, however, propose to the

Administrator criteria relating to the dumping of materials into

ocean waters within its jurisdiction, or into other ocean waters to

the extent that such dumping may affect waters within the

jurisdiction of such State, and if the Administrator determines,

after notice and opportunity for hearing, that the proposed

criteria are not inconsistent with the purposes of this subchapter,

may adopt those criteria and may issue regulations to implement

such criteria. Such determination shall be made by the

Administrator within one hundred and twenty days of receipt of the

proposed criteria. For the purposes of this subsection, the term

'State' means any State, interstate or regional authority, Federal

territory or Commonwealth or the District of Columbia."

1990 - Subsec. (f). Pub. L. 101-596, which directed the

substitution of "the requirements of this subchapter" for all after

"shall comply with" in "subsection 116(g) of the Marine Protection

Research and Sanctuaries Act (33 U.S.C. 1416(g))", was executed by

making the substitution for "the criteria established pursuant to

the second sentence of section 1412(a) of this title relating to

the effects of dumping. Subsection (d) of this section shall not

apply to this subsection." which followed "shall comply with" in

section 106(f) of the Marine Protection Research and Sanctuaries

Act of 1972, which is classified to subsec. (f) of this section, to

reflect the probable intent of Congress.

1986 - Subsec. (g). Pub. L. 99-499 added subsec. (g).

1980 - Subsec. (f). Pub. L. 96-572 added subsec. (f).

-EXEC-

TERRITORIAL SEA OF UNITED STATES

For extension of territorial sea of United States, see Proc. No.

5928, set out as a note under section 1331 of Title 43, Public

Lands.

-End-

-CITE-

33 USC Sec. 1417 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 27 - OCEAN DUMPING

SUBCHAPTER I - REGULATION

-HEAD-

Sec. 1417. Enforcement

-STATUTE-

(a) Utilization of other departments, agencies, and

instrumentalities

The Administrator or the Secretary, as the case may be, may,

whenever appropriate, utilize by agreement, the personnel, services

and facilities of other Federal departments, agencies, and

instrumentalities, or State agencies or instrumentalities, whether

on a reimbursable or a nonreimbursable basis, in carrying out his

responsibilities under this subchapter.

(b) Delegation of review and evaluation authority

The Administrator or the Secretary may delegate responsibility

and authority for reviewing and evaluating permit applications,

including the decision as to whether a permit will be issued, to an

officer of his agency, or he may delegate, by agreement, such

responsibility and authority to the heads of other Federal

departments or agencies, whether on a reimbursable or

nonreimbursable basis.

The Secretary of the department in which the Coast Guard is

operating shall conduct surveillance and other appropriate

enforcement activity to prevent unlawful transportation of material

for dumping, or unlawful dumping. Such enforcement activity shall

include, but not be limited to, enforcement of regulations issued

by him pursuant to section 1418 of this title, relating to safe

transportation, handling, carriage, storage, and stowage. The

Secretary of the Department in which the Coast Guard is operating

shall supply to the Administrator and to the Attorney General, as

appropriate, such information of enforcement activities and such

evidentiary material assembled as they may require in carrying out

their duties relative to penalty assessments, criminal

prosecutions, or other actions involving litigation pursuant to the

provisions of this subchapter.

-SOURCE-

(Pub. L. 92-532, title I, Sec. 107, Oct. 23, 1972, 86 Stat. 1059.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-End-

-CITE-

33 USC Sec. 1418 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 27 - OCEAN DUMPING

SUBCHAPTER I - REGULATION

-HEAD-

Sec. 1418. Regulations

-STATUTE-

In carrying out the responsibilities and authority conferred by

this subchapter, the Administrator, the Secretary, and the

Secretary of the department in which the Coast Guard is operating

are authorized to issue such regulations as they may deem

appropriate.

-SOURCE-

(Pub. L. 92-532, title I, Sec. 108, Oct. 23, 1972, 86 Stat. 1059.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1411, 1417 of this title.

-End-

-CITE-

33 USC Sec. 1419 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 27 - OCEAN DUMPING

SUBCHAPTER I - REGULATION

-HEAD-

Sec. 1419. International cooperation

-STATUTE-

The Secretary of State, in consultation with the Administrator,

shall seek effective international action and cooperation to insure

protection of the marine environment, and may, for this purpose,

formulate, present, or support specific proposals in the United

Nations and other component international organizations for the

development of appropriate international rules and regulations in

support of the policy of this Act.

-SOURCE-

(Pub. L. 92-532, title I, Sec. 109, Oct. 23, 1972, 86 Stat. 1060.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means Pub. L. 92-532, which is

classified generally to this chapter, chapter 41 (Sec. 2801 et

seq.) of this title, and chapters 32 (Sec. 1431 et seq.) and 32A

(Sec. 1447 et seq.) of Title 16, Conservation.

-End-

-CITE-

33 USC Sec. 1420 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 27 - OCEAN DUMPING

SUBCHAPTER I - REGULATION

-HEAD-

Sec. 1420. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated, for purposes of carrying

out this subchapter, not to exceed $12,000,000 for fiscal year 1993

and not to exceed $14,000,000 for each of the fiscal years 1994,

1995, 1996, and 1997, to remain available until expended.

-SOURCE-

(Pub. L. 92-532, title I, Sec. 111, Oct. 23, 1972, 86 Stat. 1060;

Pub. L. 93-472, Oct. 26, 1974, 88 Stat. 1430; Pub. L. 94-62, Sec.

1, July 25, 1975, 89 Stat. 303; Pub. L. 94-326, Sec. 1, June 30,

1976, 90 Stat. 725; Pub. L. 95-153, Sec. 1, Nov. 4, 1977, 91 Stat.

1255; Pub. L. 96-572, Sec. 1, Dec. 22, 1980, 94 Stat. 3344; Pub. L.

97-16, June 23, 1981, 95 Stat. 100; Pub. L. 100-536, Oct. 28, 1988,

102 Stat. 2710; Pub. L. 102-580, title V, Sec. 509(a), Oct. 31,

1992, 106 Stat. 4870.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-580 substituted "for fiscal year 1993 and not

to exceed $14,000,000 for each of the fiscal years 1994, 1995,

1996, and 1997, to remain available until expended" for "for each

of fiscal years 1989, 1990, and 1991".

1988 - Pub. L. 100-536 amended section generally, substituting

provisions authorizing appropriations not to exceed $12,000,000 for

each of fiscal years 1989, 1990, and 1991, for provisions

authorizing appropriations for fiscal years 1973 to 1982.

1981 - Pub. L. 97-16 increased to $4,213,000 from $2,000,000 the

authorization of appropriation for fiscal year 1982.

1980 - Pub. L. 96-572 inserted provisions authorizing

appropriations for fiscal years 1980, 1981, and 1982.

1977 - Pub. L. 95-153 inserted provision authorizing

appropriations not to exceed $4,800,000 for fiscal year 1978.

1976 - Pub. L. 94-326 inserted provision authorizing

appropriations not to exceed $4,800,000 for fiscal year 1977.

1975 - Pub. L. 94-62 substituted "not to exceed $5,500,000 for

each of the fiscal years 1974 and 1975" for "and not to exceed

$5,500,000 for fiscal years 1974 and 1975", and inserted provisions

authorizing appropriation of an amount not to exceed $5,300,000 for

fiscal year 1976, and not to exceed $1,325,000 for the transition

period (July 1 through Sept. 30, 1976).

1974 - Pub. L. 93-472 substituted "fiscal years 1974 and 1975,"

for "fiscal year 1974,".

-End-

-CITE-

33 USC Sec. 1421 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 27 - OCEAN DUMPING

SUBCHAPTER I - REGULATION

-HEAD-

Sec. 1421. Omitted

-COD-

CODIFICATION

Section, Pub. L. 92-532, title I, Sec. 112, Oct. 23, 1972, 86

Stat. 1060; Pub. L. 94-326, Sec. 2, June 30, 1976, 90 Stat. 725;

Pub. L. 96-470, title II, Sec. 209(f), Oct. 19, 1980, 94 Stat.

2245; Pub. L. 102-580, title V, Sec. 510, Oct. 31, 1992, 106 Stat.

4870, which required the Administrator of the Environmental

Protection Agency to report annually to Congress on the

administration of this subchapter, terminated, effective May 15,

2000, pursuant to section 3003 of Pub. L. 104-66, as amended, set

out as a note under section 1113 of Title 31, Money and Finance.

See, also, page 163 of House Document No. 103-7.

-End-

-CITE-

33 USC SUBCHAPTER II - RESEARCH 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 27 - OCEAN DUMPING

SUBCHAPTER II - RESEARCH

-HEAD-

SUBCHAPTER II - RESEARCH

-End-

-CITE-

33 USC Sec. 1441 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 27 - OCEAN DUMPING

SUBCHAPTER II - RESEARCH

-HEAD-

Sec. 1441. Monitoring and research program

-STATUTE-

The Secretary of Commerce, in coordination with the Secretary of

the Department in which the Coast Guard is operating and with the

Administrator shall, within six months of October 23, 1972,

initiate a comprehensive and continuing program of monitoring and

research regarding the effects of the dumping of material into

ocean waters or other coastal waters where the tide ebbs and flows

or into the Great Lakes or their connecting waters.

-SOURCE-

(Pub. L. 92-532, title II, Sec. 201, Oct. 23, 1972, 86 Stat. 1060;

Pub. L. 99-272, title VI, Sec. 6061, Apr. 7, 1986, 100 Stat. 131.)

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-272 struck out provision which had required the

Secretary of Commerce to report from time to time, not less

frequently than annually, his findings under this section

(including an evaluation of the short-term ecological effects and

the social and economic factors involved) to the Congress.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1444 of this title.

-End-

-CITE-

33 USC Sec. 1442 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 27 - OCEAN DUMPING

SUBCHAPTER II - RESEARCH

-HEAD-

Sec. 1442. Research program respecting possible long-range effects

of pollution, overfishing, and man-induced changes of ocean

ecosystems

-STATUTE-

(a) Secretary of Commerce

(1) The Secretary of Commerce, in close consultation with other

appropriate Federal departments, agencies, and instrumentalities

shall, within six months of October 23, 1972, initiate a

comprehensive and continuing program of research with respect to

the possible long-range effects of pollution, overfishing, and

man-induced changes of ocean ecosystems. These responsibilities

shall include the scientific assessment of damages to the natural

resources from spills of petroleum or petroleum products. In

carrying out such research, the Secretary of Commerce shall take

into account such factors as existing and proposed international

policies affecting oceanic problems, economic considerations

involved in both the protection and the use of the oceans, possible

alternatives to existing programs, and ways in which the health of

the oceans may best be preserved for the benefit of succeeding

generations of mankind.

(2) The Secretary of Commerce shall ensure that the program under

this section complements, when appropriate, the activities

undertaken by other Federal agencies pursuant to subchapter I of

this chapter and section 1443 of this title. That program shall

include but not be limited to -

(A) the development and assessment of scientific techniques to

define and quantify the degradation of the marine environment;

(B) the assessment of the capacity of the marine environment to

receive materials without degradation;

marine environment, including but not limited to the monitoring

of bottom oxygen concentrations, contaminant levels in biota,

sediments, and the water column, diseases in fish and shellfish,

and changes in types and abundance of indicator species;

(D) the development of methodologies, techniques, and equipment

for disposal of waste materials to minimize degradation of the

marine environment.

(3) The Secretary of Commerce shall ensure that the comprehensive

and continuing research program conducted under this subsection is

consistent with the comprehensive plan for ocean pollution research

and development and monitoring prepared under section 1703 (!1) of

this title.

(b) Action with other nations

In carrying out his responsibilities under this section, the

Secretary of Commerce, under the foreign policy guidance of the

President and pursuant to international agreements and treaties

made by the President with the advice and consent of the Senate,

may act alone or in conjunction with any other nation or group of

nations, and shall make known the results of his activities by such

channels of communication as may appear appropriate.

instrumentalities

Each department, agency, and independent instrumentality of the

Federal Government is authorized and directed to cooperate with the

Secretary of Commerce in carrying out the purposes of this section

and, to the extent permitted by law, to furnish such information as

may be requested.

(d) Utilization of personnel, services, and facilities;

inter-agency agreements

The Secretary of Commerce, in carrying out his responsibilities

under this section, shall, to the extent feasible utilize the

personnel, services, and facilities of other Federal departments,

agencies, and instrumentalities (including those of the Coast Guard

for monitoring purposes), and is authorized to enter into

appropriate inter-agency agreements to accomplish this action.

-SOURCE-

(Pub. L. 92-532, title II, Sec. 202, Oct. 23, 1972, 86 Stat. 1060;

Pub. L. 94-62, Sec. 2, July 25, 1975, 89 Stat. 303; Pub. L. 96-381,

Sec. 3, Oct. 6, 1980, 94 Stat. 1524; Pub. L. 96-470, title II, Sec.

201(f), Oct. 19, 1980, 94 Stat. 2242; Pub. L. 99-272, title VI,

Sec. 6062, Apr. 7, 1986, 100 Stat. 131; Pub. L. 100-627, title I,

Sec. 101, Nov. 7, 1988, 102 Stat. 3213.)

-REFTEXT-

REFERENCES IN TEXT

Section 1703 of this title, referred to in subsec. (a)(3), was

repealed by Pub. L. 102-567, title II, Sec. 204, Oct. 29, 1992, 106

Stat. 4282.

-MISC1-

AMENDMENTS

1988 - Subsec. (a)(3). Pub. L. 100-627 added par. (3).

1986 - Subsec. (a). Pub. L. 99-272, Sec. 6062(1)-(3), designated

existing provisions as par. (1), substituted "in close

consultation" for "in consultation", and added par. (2).

Subsec. (c). Pub. L. 99-272, Sec. 6062(4), redesignated subsec.

(d) as (c), and struck out former subsec. (c) which required the

Secretary of Commerce to make an annual report to Congress, in

March of each year, on the results of activities undertaken by him

pursuant to this section during the previous fiscal year, and to

include in that report the report to Congress required by section

665 of title 16 on activities of the Department of Commerce under

that section.

Subsecs. (d), (e). Pub. L. 99-272, Sec. 6062(4), redesignated

subsec. (e) as (d). Former subsec. (d) redesignated (c).

1980 - Subsec. (a). Pub. L. 96-381 inserted provision including

within the responsibilities of the Secretary the scientific

assessment of damages to natural resources from spills of petroleum

or petroleum products.

Subsec. (c). Pub. L. 96-470 inserted provision requiring the

Secretary to include in his annual report the report on activities

of the Department of Commerce under section 665 of title 16.

1975 - Subsec. (c). Pub. L. 94-62 substituted "March" for

"January".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1444 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

33 USC Sec. 1443 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 27 - OCEAN DUMPING

SUBCHAPTER II - RESEARCH

-HEAD-

Sec. 1443. Research program respecting ocean dumping and other

methods of waste disposal

-STATUTE-

(a) Cooperation with public authorities, agencies, and

institutions, private agencies and institutions, and individuals

The Administrator of the Environmental Protection Agency shall -

(1) conduct research, investigations, experiments, training,

demonstrations, surveys, and studies for the purpose of -

(A) determining means of minimizing or ending, as soon as

possible after October 6, 1980, the dumping into ocean waters,

or waters described in section 1411(b) of this title, of

material which may unreasonably degrade or endanger human

health, welfare, or amenities, or the marine environment,

ecological systems, or economic potentialities, and

(B) developing disposal methods as alternatives to the

dumping described in subparagraph (A); and

(2) encourage, cooperate with, promote the coordination of, and

render financial and other assistance to appropriate public

authorities, agencies, and institutions (whether Federal, State,

interstate, or local) and appropriate private agencies,

institutions, and individuals in the conduct of research and

other activities described in paragraph (1).

(b) Termination date for ocean dumping of sewage sludge not

affected

Nothing in this section shall be construed to affect in any way

the December 31, 1981, termination date, established in section

1412a of this title, for the ocean dumping of sewage sludge.

The Administrator, in cooperation with the Secretary, the

Secretary of Commerce, and other officials of appropriate Federal,

State, and local agencies, shall assess the feasibility in coastal

areas of regional management plans for the disposal of waste

materials. Such plans should integrate where appropriate Federal,

State, regional, and local waste disposal activities into a

comprehensive regional disposal strategy. These plans should

address, among other things -

(1) the sources, quantities, and types of materials that

require and will require disposal;

(2) the environmental, economic, social, and human health

factors (and the methods used to assess these factors) associated

with disposal alternatives;

(3) the improvements in production processes, methods of

disposal, and recycling to reduce the adverse effects associated

with such disposal alternatives;

(4) the applicable laws and regulations governing waste

disposal; and

(5) improvements in permitting processes to reduce

administrative burdens.

(d) Report on sewage disposal in New York metropolitan area

The Administrator, in cooperation with the Secretary of Commerce,

shall submit to the Congress and the President, not later than one

year after April 7, 1986, a report on sewage sludge disposal in the

New York City metropolitan region. The report shall -

(1) consider the factors listed in subsection (c) of this

section as they relate to landfilling, incineration, ocean

dumping, or any other feasible disposal or reuse/recycling

option;

(2) include an assessment of the cost of these alternatives;

and

(3) recommend such regulatory or legislative changes as may be

necessary to reduce the adverse impacts associated with sewage

sludge disposal.

-SOURCE-

(Pub. L. 92-532, title II, Sec. 203, Oct. 23, 1972, 86 Stat. 1061;

Pub. L. 96-381, Sec. 1, Oct. 6, 1980, 94 Stat. 1523; Pub. L.

99-272, title VI, Sec. 6063, Apr. 7, 1986, 100 Stat. 131.)

-COD-

CODIFICATION

In subsec. (a)(1)(A), October 6, 1980, was substituted for "the

date of the enactment of this section", which has been translated

to reflect the probable intent of Congress as meaning the date of

enactment of Pub. L. 96-381 which amended this section generally

and which was approved Oct. 6, 1980.

-MISC1-

AMENDMENTS

1986 - Subsecs. (c), (d). Pub. L. 99-272 added subsecs. (c) and

(d).

1980 - Pub. L. 96-381 substituted provision authorizing the

Administrator of the Environmental Protection Agency to conduct

research, etc., and to encourage and cooperate with public

authorities, etc., for the purpose of determining means of

minimizing or ending, as soon as possible after Oct. 6, 1980,

dumping in ocean waters, or waters described in section 1411(b) of

this title, of materials which may unreasonably degrade or endanger

human health or the marine environment and to develop disposal

methods as alternatives to dumping for provision authorizing the

Secretary of Commerce to conduct research, etc., and to encourage

and cooperate with public authorities, etc., for the purpose of

minimizing or ending all dumping of materials within five years

after the effective date of Pub. L. 92-532, which was approved Oct.

23, 1972, and inserted provision directing that nothing in this

section be construed to affect in any way the Dec. 31, 1981,

termination date, established by section 1412a of this title for

ocean dumping of sewage sludge.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1442, 1444 of this title.

-End-

-CITE-

33 USC Sec. 1444 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 27 - OCEAN DUMPING

SUBCHAPTER II - RESEARCH

-HEAD-

Sec. 1444. Annual reports

-STATUTE-

(a) Report by Secretary of Commerce

In March of each year, the Secretary of Commerce shall report to

the Congress on his activities under this subchapter during the

previous fiscal year. The report shall include -

(1) the Secretary's findings made under section 1441 of this

title, including an evaluation of the short-term ecological

effects and the social and economic factors involved with the

dumping;

(2) the results of activities undertaken pursuant to section

1442 of this title;

(3) with the concurrence of the Administrator and after

consulting with officials of other appropriate Federal agencies,

an identification of the short- and long-term research

requirements associated with activities under subchapter I of

this chapter, and a description of how Federal research under

this subchapter and subchapter I of this chapter will meet those

requirements; and

(4) activities of the Department of Commerce under section 665

of title 16.

(b) Report by Administrator

In March of each year, the Administrator shall report to the

Congress on his activities during the previous fiscal year under

section 1443 of this title.

On October 31 of each year, the Under Secretary shall report to

the Congress the specific programs that the National Oceanic and

Atmospheric Administration and the Environmental Protection Agency

carried out pursuant to this subchapter in the previous fiscal

year, specifically listing the amount of funds allocated to those

specific programs in the previous fiscal year.

-SOURCE-

(Pub. L. 92-532, title II, Sec. 204, formerly Sec. 205, as added

Pub. L. 96-572, Sec. 5, Dec. 22, 1980, 94 Stat. 3345; renumbered

Sec. 204 and amended Pub. L. 99-272, title VI, Sec. 6065, Apr. 7,

1986, 100 Stat. 132; Pub. L. 100-627, title I, Sec. 102, Nov. 7,

1988, 102 Stat. 3213.)

-MISC1-

PRIOR PROVISIONS

A prior section 204 of Pub. L. 92-532, which was classified to

this section, was renumbered section 205 and is classified to

section 1445 of this title.

AMENDMENTS

1988 - Subsec. (c). Pub. L. 100-627 added subsec. (c).

1986 - Pub. L. 99-272 amended section generally. Prior to

amendment, section read as follows: "The Administrator of the

Environmental Protection Agency is authorized to conduct a study to

assist the city of New York in evaluating the technological options

available for the removal of heavy metals and other toxic organic

materials from the sewage sludge of the city of New York. The study

shall also examine options available to reduce the amount of such

pollutants entering the sewage system. The study is to be completed

by July 1, 1981."

-End-

-CITE-

33 USC Sec. 1445 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 27 - OCEAN DUMPING

SUBCHAPTER II - RESEARCH

-HEAD-

Sec. 1445. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated for the first fiscal year

after October 23, 1972, and for the next two fiscal years

thereafter such sums as may be necessary to carry out this

subchapter, but the sums appropriated for any such fiscal year may

not exceed $6,000,000. There are authorized to be appropriated not

to exceed $1,500,000 for the transition period (July 1 through

September 30, 1976), not to exceed $5,600,000 for fiscal year 1977,

and not to exceed $6,500,000 for fiscal year 1978, not to exceed

$11,396,000 for fiscal year 1981, not to exceed $12,000,000 for

fiscal year 1982, not to exceed $10,635,000 for fiscal year 1986,

not to exceed $11,114,000 for fiscal year 1987, not to exceed

$13,500,000 for fiscal year 1989, and not to exceed $14,500,000 for

fiscal year 1990.

-SOURCE-

(Pub. L. 92-532, title II, Sec. 205, formerly Sec. 204, Oct. 23,

1972, 86 Stat. 1061; Pub. L. 94-62, Sec. 3, July 25, 1975, 89 Stat.

303; Pub. L. 94-326, Sec. 3, June 30, 1976, 90 Stat. 725; Pub. L.

95-153, Sec. 2, Nov. 4, 1977, 91 Stat. 1255; Pub. L. 96-381, Sec.

2, Oct. 6, 1980, 94 Stat. 1523; renumbered Sec. 205 and amended

Pub. L. 99-272, title VI, Sec. 6064, Apr. 7, 1986, 100 Stat. 132;

Pub. L. 100-627, title I, Sec. 103, Nov. 7, 1988, 102 Stat. 3213.)

-MISC1-

PRIOR PROVISIONS

A prior section 205 of Pub. L. 92-532, which was classified to

this section, was renumbered section 204 and is classified to

section 1444 of this title.

AMENDMENTS

1988 - Pub. L. 100-627 inserted provision authorizing

appropriations not to exceed $13,500,000 for fiscal year 1989 and

not to exceed $14,500,000 for fiscal year 1990.

1986 - Pub. L. 99-272 inserted provision authorizing

appropriations not to exceed $10,635,000 for fiscal year 1986 and

not to exceed $11,114,000 for fiscal year 1987.

1980 - Pub. L. 96-381 inserted provision authorizing

appropriations not to exceed $11,396,000 for fiscal year 1981 and

not to exceed $12,000,000 for fiscal year 1982.

1977 - Pub. L. 95-153 inserted provision authorizing

appropriations not to exceed $6,500,000 for fiscal year 1978.

1976 - Pub. L. 94-326 inserted provision authorizing

appropriations not to exceed $5,600,000 for fiscal year 1977.

1975 - Pub. L. 94-62 inserted provision authorizing

appropriations not to exceed $1,500,000 for the transition period

(July 1, through Sept. 30, 1976).

-End-

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Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Navigation and navigable waters

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