§ 1343. — Ocean discharge criteria.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1343]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER IV--PERMITS AND LICENSES
Sec. 1343. Ocean discharge criteria
(a) Issuance of permits
No permit under section 1342 of this title for a discharge into the
territorial sea, the waters of the contiguous zone, or the oceans shall
be issued, after promulgation of guidelines established under subsection
(c) of this section, except in compliance with such guidelines. Prior to
the promulgation of such guidelines, a permit may be issued under such
section 1342 of this title if the Administrator determines it to be in
the public interest.
(b) Waiver
The requirements of subsection (d) of section 1342 of this title may
not be waived in the case of permits for discharges into the territorial
sea.
(c) Guidelines for determining degradation of waters
(1) The Administrator shall, within one hundred and eighty days
after October 18, 1972 (and from time to time thereafter), promulgate
guidelines for determining the degradation of the waters of the
territorial seas, the contiguous zone, and the oceans, which shall
include:
(A) the effect of disposal of pollutants on human health or
welfare, including but not limited to plankton, fish, shellfish,
wildlife, shorelines, and beaches;
(B) the effect of disposal of pollutants on marine life
including the transfer, concentration, and dispersal of pollutants
or their byproducts through biological, physical, and chemical
processes; changes in marine ecosystem diversity, productivity, and
stability; and species and community population changes;
(C) the effect of disposal, of pollutants on esthetic,
recreation, and economic values;
(D) the persistence and permanence of the effects of disposal of
pollutants;
(E) the effect of the disposal of varying rates, of particular
volumes and concentrations of pollutants;
(F) other possible locations and methods of disposal or
recycling of pollutants including land-based alternatives; and
(G) the effect on alternate uses of the oceans, such as mineral
exploitation and scientific study.
(2) In any event where insufficient information exists on any
proposed discharge to make a reasonable judgment on any of the
guidelines established pursuant to this subsection no permit shall be
issued under section 1342 of this title.
(June 30, 1948, ch. 758, title IV, Sec. 403, as added Pub. L. 92-500,
Sec. 2, Oct. 18, 1972, 86 Stat. 883.)
Discharges From Point Sources in United States Virgin Islands
Attributable to Manufacture of Rum; Exemption; Conditions
Discharges from point sources in the United States Virgin Islands in
existence on Aug. 5, 1983, attributable to the manufacture of rum not to
be subject to the requirements of this section under certain conditions,
see section 214(g) of Pub. L. 98-67, set out as a note under section
1311 of this title.
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.
Section Referred to in Other Sections
This section is referred to in sections 1254, 1288, 1311, 1314,
1342, 1344 of this title.
