§ 1322. — Marine sanitation devices.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1322]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III--STANDARDS AND ENFORCEMENT
Sec. 1322. Marine sanitation devices
(a) Definitions
For the purpose of this section, the term--
(1) ``new vessel'' includes every description of watercraft or
other artificial contrivance used, or capable of being used, as a
means of transportation on the navigable waters, the construction of
which is initiated after promulgation of standards and regulations
under this section;
(2) ``existing vessel'' includes every description of watercraft
or other artificial contrivance used, or capable of being used, as a
means of transportation on the navigable waters, the construction of
which is initiated before promulgation of standards and regulations
under this section;
(3) ``public vessel'' means a vessel owned or bareboat chartered
and operated by the United States, by a State or political
subdivision thereof, or by a foreign nation, except when such vessel
is engaged in commerce;
(4) ``United States'' includes the States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Canal Zone, and the Trust Territory of the
Pacific Islands;
(5) ``marine sanitation device'' includes any equipment for
installation on board a vessel which is designed to receive, retain,
treat, or discharge sewage, and any process to treat such sewage;
(6) ``sewage'' means human body wastes and the wastes from
toilets and other receptacles intended to receive or retain body
wastes except that, with respect to commercial vessels on the Great
Lakes, such term shall include graywater;
(7) ``manufacturer'' means any person engaged in the
manufacturing, assembling, or importation of marine sanitation
devices or of vessels subject to standards and regulations
promulgated under this section;
(8) ``person'' means an individual, partnership, firm,
corporation, association, or agency of the United States, but does
not include an individual on board a public vessel;
(9) ``discharge'' includes, but is not limited to, any spilling,
leaking, pumping, pouring, emitting, emptying or dumping;
(10) ``commercial vessels'' means those vessels used in the
business of transporting property for compensation or hire, or in
transporting property in the business of the owner, lessee, or
operator of the vessel;
(11) ``graywater'' means galley, bath, and shower water;
(12) ``discharge incidental to the normal operation of a
vessel''--
(A) means a discharge, including--
(i) graywater, bilge water, cooling water, weather deck
runoff, ballast water, oil water separator effluent, and any
other pollutant discharge from the operation of a marine
propulsion system, shipboard maneuvering system, crew
habitability system, or installed major equipment, such as
an aircraft carrier elevator or a catapult, or from a
protective, preservative, or absorptive application to the
hull of the vessel; and
(ii) a discharge in connection with the testing,
maintenance, and repair of a system described in clause (i)
whenever the vessel is waterborne; and
(B) does not include--
(i) a discharge of rubbish, trash, garbage, or other
such material discharged overboard;
(ii) an air emission resulting from the operation of a
vessel propulsion system, motor driven equipment, or
incinerator; or
(iii) a discharge that is not covered by part 122.3 of
title 40, Code of Federal Regulations (as in effect on
February 10, 1996);
(13) ``marine pollution control device'' means any equipment or
management practice, for installation or use on board a vessel of
the Armed Forces, that is--
(A) designed to receive, retain, treat, control, or
discharge a discharge incidental to the normal operation of a
vessel; and
(B) determined by the Administrator and the Secretary of
Defense to be the most effective equipment or management
practice to reduce the environmental impacts of the discharge
consistent with the considerations set forth in subsection
(n)(2)(B) of this section; and
(14) ``vessel of the Armed Forces'' means--
(A) any vessel owned or operated by the Department of
Defense, other than a time or voyage chartered vessel; and
(B) any vessel owned or operated by the Department of
Transportation that is designated by the Secretary of the
department in which the Coast Guard is operating as a vessel
equivalent to a vessel described in subparagraph (A).
(b) Federal standards of performance
(1) As soon as possible, after October 18, 1972, and subject to the
provisions of section 1254(j) of this title, the Administrator, after
consultation with the Secretary of the department in which the Coast
Guard is operating, after giving appropriate consideration to the
economic costs involved, and within the limits of available technology,
shall promulgate Federal standards of performance for marine sanitation
devices (hereafter in this section referred to as ``standards'') which
shall be designed to prevent the discharge of untreated or inadequately
treated sewage into or upon the navigable waters from new vessels and
existing vessels, except vessels not equipped with installed toilet
facilities. Such standards and standards established under subsection
(c)(1)(B) of this section shall be consistent with maritime safety and
the marine and navigation laws and regulations and shall be coordinated
with the regulations issued under this subsection by the Secretary of
the department in which the Coast Guard is operating. The Secretary of
the department in which the Coast Guard is operating shall promulgate
regulations, which are consistent with standards promulgated under this
subsection and subsection (c) of this section and with maritime safety
and the marine and navigation laws and regulations governing the design,
construction, installation, and operation of any marine sanitation
device on board such vessels.
(2) Any existing vessel equipped with a marine sanitation device on
the date of promulgation of initial standards and regulations under this
section, which device is in compliance with such initial standards and
regulations, shall be deemed in compliance with this section until such
time as the device is replaced or is found not to be in compliance with
such initial standards and regulations.
(c) Initial standards; effective dates; revision; waiver
(1)(A) Initial standards and regulations under this section shall
become effective for new vessels two years after promulgation; and for
existing vessels five years after promulgation. Revisions of standards
and regulations shall be effective upon promulgation, unless another
effective date is specified, except that no revision shall take effect
before the effective date of the standard or regulation being revised.
(B) The Administrator shall, with respect to commercial vessels on
the Great Lakes, establish standards which require at a minimum the
equivalent of secondary treatment as defined under section 1314(d) of
this title. Such standards and regulations shall take effect for
existing vessels after such time as the Administrator determines to be
reasonable for the upgrading of marine sanitation devices to attain such
standard.
(2) The Secretary of the department in which the Coast Guard is
operating with regard to his regulatory authority established by this
section, after consultation with the Administrator, may distinguish
among classes, type, and sizes of vessels as well as between new and
existing vessels, and may waive applicability of standards and
regulations as necessary or appropriate for such classes, types, and
sizes of vessels (including existing vessels equipped with marine
sanitation devices on the date of promulgation of the initial standards
required by this section), and, upon application, for individual
vessels.
(d) Vessels owned and operated by the United States
The provisions of this section and the standards and regulations
promulgated hereunder apply to vessels owned and operated by the United
States unless the Secretary of Defense finds that compliance would not
be in the interest of national security. With respect to vessels owned
and operated by the Department of Defense, regulations under the last
sentence of subsection (b)(1) of this section and certifications under
subsection (g)(2) of this section shall be promulgated and issued by the
Secretary of Defense.
(e) Pre-promulgation consultation
Before the standards and regulations under this section are
promulgated, the Administrator and the Secretary of the department in
which the Coast Guard is operating shall consult with the Secretary of
State; the Secretary of Health and Human Services; the Secretary of
Defense; the Secretary of the Treasury; the Secretary of Commerce; other
interested Federal agencies; and the States and industries interested;
and otherwise comply with the requirements of section 553 of title 5.
(f) Regulation by States or political subdivisions thereof; complete
prohibition upon discharge of sewage
(1)(A) Except as provided in subparagraph (B), after the effective
date of the initial standards and regulations promulgated under this
section, no State or political subdivision thereof shall adopt or
enforce any statute or regulation of such State or political subdivision
with respect to the design, manufacture, or installation or use of any
marine sanitation device on any vessel subject to the provisions of this
section.
(B) A State may adopt and enforce a statute or regulation with
respect to the design, manufacture, or installation or use of any marine
sanitation device on a houseboat, if such statute or regulation is more
stringent than the standards and regulations promulgated under this
section. For purposes of this paragraph, the term ``houseboat'' means a
vessel which, for a period of time determined by the State in which the
vessel is located, is used primarily as a residence and is not used
primarily as a means of transportation.
(2) If, after promulgation of the initial standards and regulations
and prior to their effective date, a vessel is equipped with a marine
sanitation device in compliance with such standards and regulations and
the installation and operation of such device is in accordance with such
standards and regulations, such standards and regulations shall, for the
purposes of paragraph (1) of this subsection, become effective with
respect to such vessel on the date of such compliance.
(3) After the effective date of the initial standards and
regulations promulgated under this section, if any State determines that
the protection and enhancement of the quality of some or all of the
waters within such State require greater environmental protection, such
State may completely prohibit the discharge from all vessels of any
sewage, whether treated or not, into such waters, except that no such
prohibition shall apply until the Administrator determines that adequate
facilities for the safe and sanitary removal and treatment of sewage
from all vessels are reasonably available for such water to which such
prohibition would apply. Upon application of the State, the
Administrator shall make such determination within 90 days of the date
of such application.
(4)(A) If the Administrator determines upon application by a State
that the protection and enhancement of the quality of specified waters
within such State requires such a prohibition, he shall by regulation
completely prohibit the discharge from a vessel of any sewage (whether
treated or not) into such waters.
(B) Upon application by a State, the Administrator shall, by
regulation, establish a drinking water intake zone in any waters within
such State and prohibit the discharge of sewage from vessels within that
zone.
(g) Sales limited to certified devices; certification of test device;
recordkeeping; reports
(1) No manufacturer of a marine sanitation device shall sell, offer
for sale, or introduce or deliver for introduction in interstate
commerce, or import into the United States for sale or resale any marine
sanitation device manufactured after the effective date of the standards
and regulations promulgated under this section unless such device is in
all material respects substantially the same as a test device certified
under this subsection.
(2) Upon application of the manufacturer, the Secretary of the
department in which the Coast Guard is operating shall so certify a
marine sanitation device if he determines, in accordance with the
provisions of this paragraph, that it meets the appropriate standards
and regulations promulgated under this section. The Secretary of the
department in which the Coast Guard is operating shall test or require
such testing of the device in accordance with procedures set forth by
the Administrator as to standards of performance and for such other
purposes as may be appropriate. If the Secretary of the department in
which the Coast Guard is operating determines that the device is
satisfactory from the standpoint of safety and any other requirements of
maritime law or regulation, and after consideration of the design,
installation, operation, material, or other appropriate factors, he
shall certify the device. Any device manufactured by such manufacturer
which is in all material respects substantially the same as the
certified test device shall be deemed to be in conformity with the
appropriate standards and regulations established under this section.
(3) Every manufacturer shall establish and maintain such records,
make such reports, and provide such information as the Administrator or
the Secretary of the department in which the Coast Guard is operating
may reasonably require to enable him to determine whether such
manufacturer has acted or is acting in compliance with this section and
regulations issued thereunder and shall, upon request of an officer or
employee duly designated by the Administrator or the Secretary of the
department in which the Coast Guard is operating, permit such officer or
employee at reasonable times to have access to and copy such records.
All information reported to or otherwise obtained by the Administrator
or the Secretary of the Department in which the Coast Guard is operating
or their representatives pursuant to this subsection which contains or
relates to a trade secret or other matter referred to in section 1905 of
title 18 shall be considered confidential for the purpose of that
section, except that such information may be disclosed to other officers
or employees concerned with carrying out this section. This paragraph
shall not apply in the case of the construction of a vessel by an
individual for his own use.
(h) Sale and resale of properly equipped vessels; operability of
certified marine sanitation devices
After the effective date of standards and regulations promulgated
under this section, it shall be unlawful--
(1) for the manufacturer of any vessel subject to such standards
and regulations to manufacture for sale, to sell or offer for sale,
or to distribute for sale or resale any such vessel unless it is
equipped with a marine sanitation device which is in all material
respects substantially the same as the appropriate test device
certified pursuant to this section;
(2) for any person, prior to the sale or delivery of a vessel
subject to such standards and regulations to the ultimate purchaser,
wrongfully to remove or render inoperative any certified marine
sanitation device or element of design of such device installed in
such vessel;
(3) for any person to fail or refuse to permit access to or
copying of records or to fail to make reports or provide information
required under this section; and
(4) for a vessel subject to such standards and regulations to
operate on the navigable waters of the United States, if such vessel
is not equipped with an operable marine sanitation device certified
pursuant to this section.
(i) Jurisdiction to restrain violations; contempts
The district courts of the United States shall have jurisdictions to
restrain violations of subsection (g)(1) of this section and subsections
(h)(1) through (3) of this section. Actions to restrain such violations
shall be brought by, and in, the name of the United States. In case of
contumacy or refusal to obey a subpena served upon any person under this
subsection, the district court of the United States for any district in
which such person is found or resides or transacts business, upon
application by the United States and after notice to such person, shall
have jurisdiction to issue an order requiring such person to appear and
give testimony or to appear and produce documents, and any failure to
obey such order of the court may be punished by such court as a contempt
thereof.
(j) Penalties
Any person who violates subsection (g)(1) of this section, clause
(1) or (2) of subsection (h) of this section, or subsection (n)(8) of
this section shall be liable to a civil penalty of not more than $5,000
for each violation. Any person who violates clause (4) of subsection (h)
of this section or any regulation issued pursuant to this section shall
be liable to a civil penalty of not more than $2,000 for each violation.
Each violation shall be a separate offense. The Secretary of the
department in which the Coast Guard is operating may assess and
compromise any such penalty. No penalty shall be assessed until the
person charged shall have been given notice and an opportunity for a
hearing on such charge. In determining the amount of the penalty, or the
amount agreed upon in compromise, the gravity of the violation, 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 Secretary.
(k) Enforcement authority
The provisions of this section shall be enforced by the Secretary of
the department in which the Coast Guard is operating and he may utilize
by agreement, with or without reimbursement, law enforcement officers or
other personnel and facilities of the Administrator, other Federal
agencies, or the States to carry out the provisions of this section. The
provisions of this section may also be enforced by a State.
(l) Boarding and inspection of vessels; execution of warrants and other
process
Anyone authorized by the Secretary of the department in which the
Coast Guard is operating to enforce the provisions of this section may,
except as to public vessels, (1) board and inspect any vessel upon the
navigable waters of the United States and (2) execute any warrant or
other process issued by an officer or court of competent jurisdiction.
(m) Enforcement in United States possessions
In the case of Guam and the Trust Territory of the Pacific Islands,
actions arising under this section may be brought in the district court
of Guam, and in the case of the Virgin Islands such actions may be
brought in the district court of the Virgin Islands. In the case of
American Samoa and the Trust Territory of the Pacific Islands, such
actions may be brought in the District Court of the United States for
the District of Hawaii and such court shall have jurisdiction of such
actions. In the case of the Canal Zone, such actions may be brought in
the District Court for the District of the Canal Zone.
(n) Uniform national discharge standards for vessels of Armed Forces
(1) Applicability
This subsection shall apply to vessels of the Armed Forces and
discharges, other than sewage, incidental to the normal operation of
a vessel of the Armed Forces, unless the Secretary of Defense finds
that compliance with this subsection would not be in the national
security interests of the United States.
(2) Determination of discharges required to be controlled by
marine pollution control devices
(A) In general
The Administrator and the Secretary of Defense, after
consultation with the Secretary of the department in which the
Coast Guard is operating, the Secretary of Commerce, and
interested States, shall jointly determine the discharges
incidental to the normal operation of a vessel of the Armed
Forces for which it is reasonable and practicable to require use
of a marine pollution control device to mitigate adverse impacts
on the marine environment. Notwithstanding subsection (a)(1) of
section 553 of title 5, the Administrator and the Secretary of
Defense shall promulgate the determinations in accordance with
such section. The Secretary of Defense shall require the use of
a marine pollution control device on board a vessel of the Armed
Forces in any case in which it is determined that the use of
such a device is reasonable and practicable.
(B) Considerations
In making a determination under subparagraph (A), the
Administrator and the Secretary of Defense shall take into
consideration--
(i) the nature of the discharge;
(ii) the environmental effects of the discharge;
(iii) the practicability of using the marine pollution
control device;
(iv) the effect that installation or use of the marine
pollution control device would have on the operation or
operational capability of the vessel;
(v) applicable United States law;
(vi) applicable international standards; and
(vii) the economic costs of the installation and use of
the marine pollution control device.
(3) Performance standards for marine pollution control
devices
(A) In general
For each discharge for which a marine pollution control
device is determined to be required under paragraph (2), the
Administrator and the Secretary of Defense, in consultation with
the Secretary of the department in which the Coast Guard is
operating, the Secretary of State, the Secretary of Commerce,
other interested Federal agencies, and interested States, shall
jointly promulgate Federal standards of performance for each
marine pollution control device required with respect to the
discharge. Notwithstanding subsection (a)(1) of section 553 of
title 5, the Administrator and the Secretary of Defense shall
promulgate the standards in accordance with such section.
(B) Considerations
In promulgating standards under this paragraph, the
Administrator and the Secretary of Defense shall take into
consideration the matters set forth in paragraph (2)(B).
(C) Classes, types, and sizes of vessels
The standards promulgated under this paragraph may--
(i) distinguish among classes, types, and sizes of
vessels;
(ii) distinguish between new and existing vessels; and
(iii) provide for a waiver of the applicability of the
standards as necessary or appropriate to a particular class,
type, age, or size of vessel.
(4) Regulations for use of marine pollution control devices
The Secretary of Defense, after consultation with the
Administrator and the Secretary of the department in which the Coast
Guard is operating, shall promulgate such regulations governing the
design, construction, installation, and use of marine pollution
control devices on board vessels of the Armed Forces as are
necessary to achieve the standards promulgated under paragraph (3).
(5) Deadlines; effective date
(A) Determinations
The Administrator and the Secretary of Defense shall--
(i) make the initial determinations under paragraph (2)
not later than 2 years after February 10, 1996; and
(ii) every 5 years--
(I) review the determinations; and
(II) if necessary, revise the determinations based
on significant new information.
(B) Standards
The Administrator and the Secretary of Defense shall--
(i) promulgate standards of performance for a marine
pollution control device under paragraph (3) not later than
2 years after the date of a determination under paragraph
(2) that the marine pollution control device is required;
and
(ii) every 5 years--
(I) review the standards; and
(II) if necessary, revise the standards, consistent
with paragraph (3)(B) and based on significant new
information.
(C) Regulations
The Secretary of Defense shall promulgate regulations with
respect to a marine pollution control device under paragraph (4)
as soon as practicable after the Administrator and the Secretary
of Defense promulgate standards with respect to the device under
paragraph (3), but not later than 1 year after the Administrator
and the Secretary of Defense promulgate the standards. The
regulations promulgated by the Secretary of Defense under
paragraph (4) shall become effective upon promulgation unless
another effective date is specified in the regulations.
(D) Petition for review
The Governor of any State may submit a petition requesting
that the Secretary of Defense and the Administrator review a
determination under paragraph (2) or a standard under paragraph
(3), if there is significant new information, not considered
previously, that could reasonably result in a change to the
particular determination or standard after consideration of the
matters set forth in paragraph (2)(B). The petition shall be
accompanied by the scientific and technical information on which
the petition is based. The Administrator and the Secretary of
Defense shall grant or deny the petition not later than 2 years
after the date of receipt of the petition.
(6) Effect on other laws
(A) Prohibition on regulation by States or political
subdivisions of States
Beginning on the effective date of--
(i) a determination under paragraph (2) that it is not
reasonable and practicable to require use of a marine
pollution control device regarding a particular discharge
incidental to the normal operation of a vessel of the Armed
Forces; or
(ii) regulations promulgated by the Secretary of Defense
under paragraph (4);
except as provided in paragraph (7), neither a State nor a
political subdivision of a State may adopt or enforce any
statute or regulation of the State or political subdivision with
respect to the discharge or the design, construction,
installation, or use of any marine pollution control device
required to control discharges from a vessel of the Armed
Forces.
(B) Federal laws
This subsection shall not affect the application of section
1321 of this title to discharges incidental to the normal
operation of a vessel.
(7) Establishment of State no-discharge zones
(A) State prohibition
(i) In general
After the effective date of--
(I) a determination under paragraph (2) that it is
not reasonable and practicable to require use of a
marine pollution control device regarding a particular
discharge incidental to the normal operation of a vessel
of the Armed Forces; or
(II) regulations promulgated by the Secretary of
Defense under paragraph (4);
if a State determines that the protection and enhancement of
the quality of some or all of the waters within the State
require greater environmental protection, the State may
prohibit 1 or more discharges incidental to the normal
operation of a vessel, whether treated or not treated, into
the waters. No prohibition shall apply until the
Administrator makes the determinations described in
subclauses (II) and (III) of subparagraph (B)(i).
(ii) Documentation
To the extent that a prohibition under this paragraph
would apply to vessels of the Armed Forces and not to other
types of vessels, the State shall document the technical or
environmental basis for the distinction.
(B) Prohibition by the Administrator
(i) In general
Upon application of a State, the Administrator shall by
regulation prohibit the discharge from a vessel of 1 or more
discharges incidental to the normal operation of a vessel,
whether treated or not treated, into the waters covered by
the application if the Administrator determines that--
(I) the protection and enhancement of the quality of
the specified waters within the State require a
prohibition of the discharge into the waters;
(II) adequate facilities for the safe and sanitary
removal of the discharge incidental to the normal
operation of a vessel are reasonably available for the
waters to which the prohibition would apply; and
(III) the prohibition will not have the effect of
discriminating against a vessel of the Armed Forces by
reason of the ownership or operation by the Federal
Government, or the military function, of the vessel.
(ii) Approval or disapproval
The Administrator shall approve or disapprove an
application submitted under clause (i) not later than 90
days after the date on which the application is submitted to
the Administrator. Notwithstanding clause (i)(II), the
Administrator shall not disapprove an application for the
sole reason that there are not adequate facilities to remove
any discharge incidental to the normal operation of a vessel
from vessels of the Armed Forces.
(C) Applicability to foreign flagged vessels
A prohibition under this paragraph--
(i) shall not impose any design, construction, manning,
or equipment standard on a foreign flagged vessel engaged in
innocent passage unless the prohibition implements a
generally accepted international rule or standard; and
(ii) that relates to the prevention, reduction, and
control of pollution shall not apply to a foreign flagged
vessel engaged in transit passage unless the prohibition
implements an applicable international regulation regarding
the discharge of oil, oily waste, or any other noxious
substance into the waters.
(8) Prohibition relating to vessels of the Armed Forces
After the effective date of the regulations promulgated by the
Secretary of Defense under paragraph (4), it shall be unlawful for
any vessel of the Armed Forces subject to the regulations to--
(A) operate in the navigable waters of the United States or
the waters of the contiguous zone, if the vessel is not equipped
with any required marine pollution control device meeting
standards established under this subsection; or
(B) discharge overboard any discharge incidental to the
normal operation of a vessel in waters with respect to which a
prohibition on the discharge has been established under
paragraph (7).
(9) Enforcement
This subsection shall be enforceable, as provided in subsections
(j) and (k) of this section, against any agency of the United States
responsible for vessels of the Armed Forces notwithstanding any
immunity asserted by the agency.
(June 30, 1948, ch. 758, title III, Sec. 312, as added Pub. L. 92-500,
Sec. 2, Oct. 18, 1972, 86 Stat. 871; amended Pub. L. 95-217, Sec. 59,
Dec. 27, 1977, 91 Stat. 1596; Pub. L. 96-88, title V, Sec. 509(b), Oct.
17, 1979, 93 Stat. 695; Pub. L. 100-4, title III, Sec. 311, Feb. 4,
1987, 101 Stat. 42; Pub. L. 104-106, div. A, title III, Sec. 325(b)-
(c)(2), Feb. 10, 1996, 110 Stat. 254-259.)
References in Text
For definition of Canal Zone, referred to in subsecs. (a)(4) and
(m), see section 3602(b) of Title 22, Foreign Relations and Intercourse.
Amendments
1996--Subsec. (a)(8). Pub. L. 104-106, Sec. 325(c)(1)(A),
substituted ``corporation, association, or agency of the United
States,'' for ``corporation, or association,''.
Subsec. (a)(12) to (14). Pub. L. 104-106, Sec. 325(c)(1)(B), (C),
added pars. (12) to (14).
Subsec. (j). Pub. L. 104-106, Sec. 325(c)(2), substituted
``subsection (g)(1) of this section, clause (1) or (2) of subsection (h)
of this section, or subsection (n)(8) of this section shall be liable''
for ``subsection (g)(1) of this section or clause (1) or (2) of
subsection (h) of this section shall be liable''.
Subsec. (n). Pub. L. 104-106, Sec. 325(b), added subsec. (n).
1987--Subsec. (f)(1). Pub. L. 100-4, Sec. 311(a), designated
existing provision as subpar. (A), substituted ``Except as provided in
subparagraph (B), after'' for ``After'', and added subpar. (B).
Subsec. (k). Pub. L. 100-4, Sec. 311(b), inserted at end ``The
provisions of this section may also be enforced by a State.''
1977--Subsec. (a)(6). Pub. L. 95-217, Sec. 59(a), inserted ``except
that, with respect to commercial vessels on the Great Lakes, such term
shall include graywater'' after ``receive or retain body wastes''.
Subsec. (a)(10), (11). Pub. L. 95-217, Sec. 59(b), added pars. (10)
and (11).
Subsec. (b)(1). Pub. L. 95-217, Sec. 59(c), inserted references to
standards established under subsec. (c)(1)(B) of this section and to
standards promulgated under subsec. (c) of this section.
Subsec. (c)(1). Pub. L. 95-217, Sec. 59(d), designated existing
provisions as subpar. (A) and added subpar. (B).
Subsec. (f)(4). Pub. L. 95-217, Sec. 59(e), designated existing
provisions as subpar. (A) and added subpar. (B).
Change of Name
``Secretary of Health and Human Services'' substituted for
``Secretary of Health, Education, and Welfare'' in subsec. (e) pursuant
to section 509(b) of Pub. L. 96-88 which is classified to section
3508(b) of Title 20, Education.
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.
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.
Purpose of 1996 Amendment
Section 325(a) of Pub. L. 104-106 provided that: ``The purposes of
this section [amending this section and section 1362 of this title and
enacting provisions set out as a note below] are to--
``(1) enhance the operational flexibility of vessels of the
Armed Forces domestically and internationally;
``(2) stimulate the development of innovative vessel pollution
control technology; and
``(3) advance the development by the United States Navy of
environmentally sound ships.''
Cooperation in National Discharge Standards Development
Section 325(d) of Pub. L. 104-106 provided that: ``The Administrator
of the Environmental Protection Agency and the Secretary of Defense may,
by mutual agreement, with or without reimbursement, provide for the use
of information, reports, personnel, or other resources of the
Environmental Protection Agency or the Department of Defense to carry
out section 312(n) of the Federal Water Pollution Control Act [33 U.S.C.
1322(n)] (as added by subsection (b)), including the use of the
resources--
``(1) to determine--
``(A) the nature and environmental effect of discharges
incidental to the normal operation of a vessel of the Armed
Forces;
``(B) the practicability of using marine pollution control
devices on vessels of the Armed Forces; and
``(C) the effect that installation or use of marine
pollution control devices on vessels of the Armed Forces would
have on the operation or operational capability of the vessels;
and
``(2) to establish performance standards for marine pollution
control devices on vessels of the Armed Forces.''
Clean Vessels
Pub. L. 102-587, title V, subtitle F, Nov. 4, 1992, 106 Stat. 5086,
provided that:
``SEC. 5601. SHORT TITLE.
``This subtitle may be cited as the `Clean Vessel Act of 1992'.
``SEC. 5602. FINDINGS; PURPOSE.
``(a) Findings.--The Congress finds the following:
``(1) The discharge of untreated sewage by vessels is prohibited
under Federal law in all areas within the navigable waters of the
United States.
``(2) The discharge of treated sewage by vessels is prohibited
under either Federal or State law in many of the United States
bodies of water where recreational boaters operate.
``(3) There is currently an inadequate number of pumpout
stations for type III marine sanitation devices where recreational
vessels normally operate.
``(4) Sewage discharged by recreational vessels because of an
inadequate number of pumpout stations is a substantial contributor
to localized degradation of water quality in the United States.
``(b) Purpose.--The purpose of this subtitle is to provide funds to
States for the construction, renovation, operation, and maintenance of
pumpout stations and waste reception facilities.
``SEC. 5603. DETERMINATION AND PLAN REGARDING STATE MARINE SANITATION
DEVICE PUMPOUT STATION NEEDS.
``(a) Survey.--Within 3 months after the notification under section
5605(b), each coastal State shall conduct a survey to determine--
``(1) the number and location of all operational pumpout
stations and waste reception facilities at public and private
marinas, mooring areas, docks, and other boating access facilities
within the coastal zone of the State; and
``(2) the number of recreational vessels in the coastal waters
of the State with type III marine sanitation devices or portable
toilets, and the areas of those coastal waters where those vessels
congregate.
``(b) Plan.--Within 6 months after the notification under section
5605(b), and based on the survey conducted under subsection (a), each
coastal State shall--
``(1) develop and submit to the Secretary of the Interior a plan
for any construction or renovation of pumpout stations and waste
reception facilities that are necessary to ensure that, based on the
guidance issued under section 5605(a), there are pumpout stations
and waste reception facilities in the State that are adequate and
reasonably available to meet the needs of recreational vessels using
the coastal waters of the State; and
``(2) submit to the Secretary of the Interior with that plan a
list of all stations and facilities in the coastal zone of the State
which are operational on the date of submittal.
``(c) Plan Approval.--
``(1) In general.--Not later than 60 days after a plan is
submitted by a State under subsection (b), the Secretary of the
Interior shall approve or disapprove the plan, based on--
``(A) the adequacy of the survey conducted by the State
under subsection (a); and
``(B) the ability of the plan, based on the guidance issued
under section 5605(a), to meet the construction and renovation
needs of the recreational vessels identified in the survey.
``(2) Notification of state; modification.--The Secretary of the
Interior shall promptly notify the affected Governor of the approval
or disapproval of a plan. If a plan is disapproved, the Secretary of
the Interior shall recommend necessary modifications and return the
plan to the affected Governor.
``(3) Resubmittal.--Not later than 60 days after receiving a
plan returned by the Secretary of the Interior, the Governor shall
make the appropriate changes and resubmit the plan.
``(d) Indication of Stations and Facilities on NOAA Charts.--
``(1) In general.--The Under Secretary of Commerce for Oceans
and Atmosphere shall indicate, on charts published by the National
Oceanic and Atmospheric Administration for the use of operators of
recreational vessels, the locations of pumpout stations and waste
reception facilities.
``(2) Notification of NOAA.--
``(A) Lists of stations and facilities.--The Secretary of
the Interior shall transmit to the Under Secretary of Commerce
for Oceans and Atmosphere each list of operational stations and
facilities submitted by a State under subsection (b)(2), by not
later than 30 days after the date of receipt of that list.
``(B) Completion of project.--The Director of the United
States Fish and Wildlife Service shall notify the Under
Secretary of the location of each station or facility at which a
construction or renovation project is completed by a State with
amounts made available under the Act of August 9, 1950 (16
U.S.C. 777a et seq. [16 U.S.C. 777 et seq.]), as amended by this
subtitle, by not later than 30 days after the date of
notification by a State of the completion of the project.
``SEC. 5604. FUNDING.
``(a) Transfer.--[Amended section 777c of Title 16, Conservation.]
``(b) Access Increase.--[Amended section 777g of Title 16,
Conservation.]
``(c) Grant Program.--
``(1) Matching grants.--The Secretary of the Interior may
obligate an amount not to exceed the amount made available under
section 4(b)(2) of the Act of August 9, 1950 (16 U.S.C. 777c(b)(2),
as amended by this Act), to make grants to--
``(A) coastal States to pay not more than 75 percent of the
cost to a coastal State of--
``(i) conducting a survey under section 5603(a);
``(ii) developing and submitting a plan and accompanying
list under section 5603(b);
``(iii) constructing and renovating pumpout stations and
waste reception facilities; and
``(iv) conducting a program to educate recreational
boaters about the problem of human body waste discharges
from vessels and inform them of the location of pumpout
stations and waste reception facilities.
``(B) inland States, which can demonstrate to the Secretary
of the Interior that there are an inadequate number of pumpout
stations and waste reception facilities to meet the needs of
recreational vessels in the waters of that State, to pay 75
percent of the cost to that State of--
``(i) constructing and renovating pumpout stations and
waste reception facilities in the inland State; and
``(ii) conducting a program to educate recreational
boaters about the problem of human body waste discharges
from vessels and inform them of the location of pumpout
stations and waste reception facilities.
``(2) Priority.--In awarding grants under this subsection, the
Secretary of the Interior shall give priority consideration to grant
applications that--
``(A) in coastal States, propose constructing and renovating
pumpout stations and waste reception facilities in accordance
with a coastal State's plan approved under section 5603(c);
``(B) provide for public/private partnership efforts to
develop and operate pumpout stations and waste receptions [sic]
facilities; and
``(C) propose innovative ways to increase the availability
and use of pumpout stations and waste reception facilities.
``(d) Disclaimer.--Nothing in this subtitle shall be interpreted to
preclude a State from carrying out the provisions of this subtitle with
funds other than those described in this section.
``SEC. 5605. GUIDANCE AND NOTIFICATION.
``(a) Issuance of Guidance.--Not later than 3 months after the date
of the enactment of this subtitle [Nov. 4, 1992], the Secretary of the
Interior shall, after consulting with the Administrator of the
Environmental Protection Agency, the Under Secretary of Commerce for
Oceans and Atmosphere, and the Commandant of the Coast Guard, issue for
public comment pumpout station and waste reception facility guidance.
The Secretary of the Interior shall finalize the guidance not later than
6 months after the date of enactment of this subtitle. The guidance
shall include--
``(1) guidance regarding the types of pumpout stations and waste
reception facilities that may be appropriate for construction,
renovation, operation, or maintenance with amounts available under
the Act of August 9, 1950 (16 U.S.C. 777a et seq. [16 U.S.C. 777 et
seq.]), as amended by this subtitle, and appropriate location of the
stations and facilities within a marina or boatyard;
``(2) guidance defining what constitutes adequate and reasonably
available pumpout stations and waste reception facilities in boating
areas;
``(3) guidance on appropriate methods for disposal of vessel
sewage from pumpout stations and waste reception facilities;
``(4) guidance on appropriate connector fittings to facilitate
the sanitary and expeditious discharge of sewage from vessels;
``(5) guidance on the waters most likely to be affected by the
discharge of sewage from vessels; and
``(6) other information that is considered necessary to promote
the establishment of pumpout facilities to reduce sewage discharges
from vessels and to protect United States waters.
``(b) Notification.--Not later than one month after the guidance
issued under subsection (a) is finalized, the Secretary of the Interior
shall provide notification in writing to the fish and wildlife, water
pollution control, and coastal zone management authorities of each
State, of--
``(1) the availability of amounts under the Act of August 9,
1950 (16 U.S.C. 777a et seq. [16 U.S.C. 777 et seq.]) to implement
the Clean Vessel Act of 1992; and
``(2) the guidance developed under subsection (a).
``SEC. 5606. EFFECT ON STATE FUNDING ELIGIBILITY.
``This subtitle shall not be construed or applied to jeopardize any
funds available to a coastal State under the Act of August 9, 1950 (16
U.S.C. 777a et seq. [16 U.S.C. 777 et seq.]), if the coastal State is,
in good faith, pursuing a survey and plan designed to meet the purposes
of this subtitle.
``SEC. 5607. APPLICABILITY.
``The requirements of section 5603 shall not apply to a coastal
State if within six months after the date of enactment of this subtitle
[Nov. 4, 1992] the Secretary of the Interior certifies that--
``(1) the State has developed and is implementing a plan that
will ensure that there will be pumpout stations and waste reception
facilities adequate to meet the needs of recreational vessels in the
coastal waters of the State; or
``(2) existing pumpout stations and waste reception facilities
in the coastal waters of the State are adequate to meet those needs.
``SEC. 5608. DEFINITIONS.
``For the purposes of this subtitle the term:
``(1) `coastal State'--
``(A) means a State of the United States in, or bordering on
the Atlantic, Pacific, or Arctic Ocean; the Gulf of Mexico; Long
Island Sound; or one or more of the Great Lakes;
``(B) includes Puerto Rico, the Virgin Islands, Guam, the
Commonwealth of the Northern Mariana Islands, and American
Samoa; and
``(C) does not include a State for which the ratio of the
number of recreational vessels in the State numbered under
chapter 123 of title 46, United States Code, to number of miles
of shoreline (as that term is defined in section 926.2(d) of
title 15, Code of Federal Regulations, as in effect on January
1, 1991), is less than one.
``(2) `coastal waters' means--
``(A) in the Great Lakes area, the waters within the
territorial jurisdiction of the United States consisting of the
Great Lakes, their connecting waters, harbors, roadsteads, and
estuary-type areas such as bays, shallows, and marshes; and
``(B) in other areas, those waters, adjacent to the
shorelines, which contain a measurable percentage of sea water,
including sounds, bay, lagoons, bayous, ponds, and estuaries.
``(3) `coastal zone' has the same meaning that term has in
section 304(1) of the Coastal Zone Management Act of 1972 (16 U.S.C.
1453(1));
``(4) `inland State' means a State which is not a coastal state;
``(5) `type III marine sanitation device' means any equipment
for installation on board a vessel which is specifically designed to
receive, retain, and discharge human body wastes;
``(6) `pumpout station' means a facility that pumps or receives
human body wastes out of type III marine sanitation devices
installed on board vessels;
``(7) `recreational vessel' means a vessel--
``(A) manufactured for operation, or operated, primarily for
pleasure; or
``(B) leased, rented, or chartered to another for the
latter's pleasure; and
``(8) `waste reception facility' means a facility specifically
designed to receive wastes from portable toilets carried on vessels,
and does not include lavatories.''
Contiguous Zone of United States
For extension of contiguous zone of United States, see Proc. No.
7219, set out as a note under section 1331 of Title 43, Public Lands.
Section Referred to in Other Sections
This section is referred to in sections 1254, 1362, 1402 of this
title.
