[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1293a]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II--GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
Sec. 1293a. Contained spoil disposal facilities
(a) Construction, operation, and maintenance; period; conditions;
requirements
The Secretary of the Army, acting through the Chief of Engineers, is
authorized to construct, operate, and maintain, subject to the
provisions of subsection (c) of this section, contained spoil disposal
facilities of sufficient capacity for a period not to exceed ten years,
to meet the requirements of this section. Before establishing each such
facility, the Secretary of the Army shall obtain the concurrence of
appropriate local governments and shall consider the views and
recommendations of the Administrator of the Environmental Protection
Agency and shall comply with requirements of section 1171 of this title,
and of the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et
seq.]. Section 401 of this title shall not apply to any facility
authorized by this section.
(b) Time for establishment; consideration of area needs; requirements
The Secretary of the Army, acting through the Chief of Engineers,
shall establish the contained spoil disposal facilities authorized in
subsection (a) of this section at the earliest practicable date, taking
into consideration the views and recommendations of the Administrator of
the Environmental Protection Agency as to those areas which, in the
Administrator's judgment, are most urgently in need of such facilities
and pursuant to the requirements of the National Environmental Policy
Act of 1969 [42 U.S.C. 4321 et seq.] and the Federal Water Pollution
Control Act [33 U.S.C. 1251 et seq.].
(c) Written agreement requirement; terms of agreement
Prior to construction of any such facility, the appropriate State or
States, interstate agency, municipality, or other appropriate political
subdivision of the State shall agree in writing to (1) furnish all
lands, easements, and rights-of-way necessary for the construction,
operation, and maintenance of the facility; (2) contribute to the United
States 25 per centum of the construction costs, such amount to be
payable either in cash prior to construction, in installments during
construction, or in installments, with interest at a rate to be
determined by the Secretary of the Treasury, as of the beginning of the
fiscal year in which construction is initiated, on the basis of the
computed average interest rate payable by the Treasury upon its
outstanding marketable public obligations, which are neither due or
callable for redemption for fifteen years from date of issue; (3) hold
and save the United States free from damages due to construction,
operation, and maintenance of the facility; and (4) except as provided
in subsection (f) of this section, maintain the facility after
completion of its use for disposal purposes in a manner satisfactory to
the Secretary of the Army.
(d) Waiver of construction costs contribution from non-Federal
interests; findings of participation in waste treatment
facilities for general geographical area and compliance with
water quality standards; waiver of payments in event of written
agreement before occurrence of findings
The requirement for appropriate non-Federal interest or interests to
furnish an agreement to contribute 25 per centum of the construction
costs as set forth in subsection (c) of this section shall be waived by
the Secretary of the Army upon a finding by the Administrator of the
Environmental Protection Agency that for the area to which such
construction applies, the State or States involved, interstate agency,
municipality, and other appropriate political subdivision of the State
and industrial concerns are participating in and in compliance with an
approved plan for the general geographical area of the dredging activity
for construction, modification, expansion, or rehabilitation of waste
treatment facilities and the Administrator has found that applicable
water quality standards are not being violated. In the event such
findings occur after the appropriate non-Federal interest or interests
have entered into the agreement required by subsection (c) of this
section, any payments due after the date of such findings as part of the
required local contribution of 25 per centum of the construction costs
shall be waived by the Secretary of the Army.
(e) Federal payment of costs for disposal of dredged spoil from project
Notwithstanding any other provision of law, all costs of disposal of
dredged spoil from the project for the Great Lakes connecting channels,
Michigan, shall be borne by the United States.
(f) Title to lands, easements, and rights-of-way; retention by non-
Federal interests; conveyance of facilities; agreement of
transferee
The participating non-Federal interest or interests shall retain
title to all lands, easements, and rights-of-way furnished by it
pursuant to subsection (c) of this section. A spoil disposal facility
owned by a non-Federal interest or interests may be conveyed to another
party only after completion of the facility's use for disposal purposes
and after the transferee agrees in writing to use or maintain the
facility in a manner which the Secretary of the Army determines to be
satisfactory.
(g) Federal licenses or permits; charges; remission of charge
Any spoil disposal facilities constructed under the provisions of
this section shall be made available to Federal licensees or permittees
upon payment of an appropriate charge for such use. Twenty-five per
centum of such charge shall be remitted to the participating non-Federal
interest or interests except for those excused from contributing to the
construction costs under subsections (d) and (e) of this section.
(h) Provisions applicable to Great Lakes and their connecting channels
This section, other than subsection (i), shall be applicable only to
the Great Lakes and their connecting channels.
(i) Research, study, and experimentation program relating to dredged
spoil extended to navigable waters, etc.; cooperative program;
scope of program; utilization of facilities and personnel of
Federal agency
The Chief of Engineers, under the direction of the Secretary of the
Army, is hereby authorized to extend to all navigable waters, connecting
channels, tributary streams, other waters of the United States and
waters contiguous to the United States, a comprehensive program of
research, study, and experimentation relating to dredged spoil. This
program shall be carried out in cooperation with other Federal and State
agencies, and shall include, but not be limited to, investigations on
the characteristics of dredged spoil, and alternative methods of its
disposal. To the extent that such study shall include the effects of
such dredge spoil on water quality, the facilities and personnel of the
Environmental Protection Agency shall be utilized.
(j) Period for depositing dredged materials
The Secretary of the Army, acting through the Chief of Engineers, is
authorized to continue to deposit dredged materials into a contained
spoil disposal facility constructed under this section until the
Secretary determines that such facility is no longer needed for such
purpose or that such facility is completely full.
(k) Study and monitoring program
(1) Study
The Secretary of the Army, acting through the Chief of
Engineers, shall conduct a study of the materials disposed of in
contained spoil disposal facilities constructed under this section
for the purpose of determining whether or not toxic pollutants are
present in such facilities and for the purpose of determining the
concentration levels of each of such pollutants in such facilities.
(2) Report
Not later than 1 year after November 17, 1988, the Secretary
shall transmit to Congress a report on the results of the study
conducted under paragraph (1).
(3) Inspection and monitoring program
The Secretary shall conduct a program to inspect and monitor
contained spoil disposal facilities constructed under this section
for the purpose of determining whether or not toxic pollutants are
leaking from such facilities.
(4) Toxic pollutant defined
For purposes of this subsection, the term ``toxic pollutant''
means those toxic pollutants referred to in section 1311(b)(2)(C)
and 1311(b)(2)(D) of this title and such other pollutants as the
Secretary, in consultation with the Administrator of the
Environmental Protection Agency, determines are appropriate based on
their effects on human health and the environment.
(Pub. L. 91-611, title I, Sec. 123, Dec. 31, 1970, 84 Stat. 1823; Pub.
L. 93-251, title I, Sec. 23, Mar. 7, 1974, 88 Stat. 20; Pub. L. 100-676,
Sec. 24, Nov. 17, 1988, 102 Stat. 4027.)
Re
