§ 1412a. — Emergency dumping of industrial waste.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1412a]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 27--OCEAN DUMPING
SUBCHAPTER I--REGULATION
Sec. 1412a. Emergency dumping of industrial waste
(a) Issuance of emergency permits
Notwithstanding section 104B of the Marine Protection, Research, and
Sanctuaries Act of 1972 [33 U.S.C. 1414b], after December 31, 1981, the
Administrator may issue emergency permits under title I of such Act [33
U.S.C. 1411 et seq.] for the dumping of industrial waste into ocean
waters, or into waters described in such section 101(b) [33 U.S.C.
1411(b)], if the Administrator determines that there has been
demonstrated to exist an emergency, requiring the dumping of such waste,
which poses an unacceptable risk relating to human health and admits of
no other feasible solution. As used herein, ``emergency'' refers to
situations requiring action with a marked degree of urgency.
(b) ``Industrial waste'' defined
For purposes of this section, the term ``industrial waste'' means
any solid, semisolid, or liquid waste generated by a manufacturing or
processing plant.
(Pub. L. 95-153, Sec. 4, Nov. 4, 1977, 91 Stat. 1255; Pub. L. 96-572,
Sec. 2, Dec. 22, 1980, 94 Stat. 3344; Pub. L. 100-688, title I,
Sec. 1003(a), Nov. 18, 1988, 102 Stat. 4149.)
References in Text
The Marine Protection, Research, and Sanctuaries Act of 1972,
referred to in subsec. (a), is Pub. L. 92-532, Oct. 23, 1972, 86 Stat.
1052, as amended. Title I of the Act is classified generally to this
subchapter. For complete classification of this Act to the Code, see
Short Title note set out under section 1401 of this title and Tables.
Such section 101(b), referred to in subsec. (b), means section
101(b) of the Marine Protection, Research, and Sanctuaries Act of 1972.
Codification
Section was not enacted as part of the Marine Protection, Research,
and Sanctuaries Act of 1972 which comprises this chapter.
Amendments
1988--Subsec. (a). Pub. L. 100-688, Sec. 1003(a)(1), (3)-(5),
redesignated subsec. (c) as (a), substituted ``Notwithstanding section
104B of the Marine Protection, Research, and Sanctuaries Act of 1972
after'' for ``After'', and ``title I of such Act'' for ``such title I''.
Former subsec. (a), which related to cessation of dumping, with
exceptions, was struck out.
Subsec. (b). Pub. L. 100-688, Sec. 1003(a)(2), (7), added subsec.
(b). Former subsec. (b), which related to issuance of permits for
dumping of industrial waste, was struck out.
Subsec. (c). Pub. L. 100-688, Sec. 1003(a)(3), redesignated subsec.
(c) as (a).
Subsec. (d). Pub. L. 100-688, Sec. 1003(a)(6), struck out subsec.
(d) which related to definitions.
1980--Subsec. (a). Pub. L. 96-572, Sec. 2(1), inserted applicability
to industrial waste, exceptions respecting subsecs. (b) and (c) of this
section, and conforming changes in phraseology.
Subsec. (b). Pub. L. 96-572, Sec. 2(2), added subsec. (b). Former
subsec. (b), defining ``sewage sludge'', was struck out.
Subsecs. (c), (d). Pub. L. 96-572, Sec. 2(2), added subsecs. (c) and
(d).
Section Referred to in Other Sections
This section is referred to in section 1443 of this title.
