§ 1402. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1402]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 27--OCEAN DUMPING
Sec. 1402. Definitions
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).
(c) ``Material'' means matter of any kind or description, 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.
(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.)
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.
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.
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.
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.
