§ 1412. — Dumping permit program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1412]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 27--OCEAN DUMPING
SUBCHAPTER I--REGULATION
Sec. 1412. Dumping permit program
(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.
(C) The effect of such dumping on fisheries resources, 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.
(c) Designation of sites
(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;
(C) special management conditions or practices to be
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.
(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.)
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.
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.
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.
