§ 407. — Deposit of refuse in navigable waters generally.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC407]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9--PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER I--IN GENERAL
Sec. 407. Deposit of refuse in navigable waters generally
It shall not be lawful to throw, discharge, or deposit, or cause,
suffer, or procure to be thrown, discharged, or deposited either from or
out of any ship, barge, or other floating craft of any kind, or from the
shore, wharf, manufacturing establishment, or mill of any kind, any
refuse matter of any kind or description whatever other than that
flowing from streets and sewers and passing therefrom in a liquid state,
into any navigable water of the United States, or into any tributary of
any navigable water from which the same shall float or be washed into
such navigable water; and it shall not be lawful to deposit, or cause,
suffer, or procure to be deposited material of any kind in any place on
the bank of any navigable water, or on the bank of any tributary of any
navigable water, where the same shall be liable to be washed into such
navigable water, either by ordinary or high tides, or by storms or
floods, or otherwise, whereby navigation shall or may be impeded or
obstructed: Provided, That nothing herein contained shall extend to,
apply to, or prohibit the operations in connection with the improvement
of navigable waters or construction of public works, considered
necessary and proper by the United States officers supervising such
improvement or public work: And provided further, That the Secretary of
the Army, whenever in the judgment of the Chief of Engineers anchorage
and navigation will not be injured thereby, may permit the deposit of
any material above mentioned in navigable waters, within limits to be
defined and under conditions to be prescribed by him, provided
application is made to him prior to depositing such material; and
whenever any permit is so granted the conditions thereof shall be
strictly complied with, and any violation thereof shall be unlawful.
(Mar. 3, 1899, ch. 425, Sec. 13, 30 Stat. 1152; July 26, 1947, ch. 343,
title II, Sec. 205(a), 61 Stat. 501.)
Codification
Section is from act Mar. 3, 1899, popularly known as the ``Rivers
and Harbors Appropriation Act of 1899''.
Prior Provisions
This section and sections 408, 411, and 412 of this title,
superseded act Aug. 18, 1894, ch. 299, Secs. 6, 7, 8, 28 Stat. 363,
which prohibited the depositing of refuse in navigable waters for the
improvement of which money had been appropriated, and the injury to sea
walls and other works built by the Government, and prescribed penalties
for violations, including penalties against masters, etc., and vessels.
Section also superseded act Sept. 19, 1890, ch. 907, Sec. 6, 26
Stat. 453, which prohibited obstructing navigation by deposits of
refuse, etc., in navigable waters.
Change of Name
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ``Title 10,
Armed Forces'' which in sections 3010 to 3013 continued Department of
the Army under administrative supervision of Secretary of the Army.
Short Title
This section is popularly known as the ``Refuse Act of 1899''.
Transfer of Functions
Functions, powers, and duties of Secretary of the Army and other
offices and officers of Department of the Army under section 401 of this
title to extent that they relate generally to location and clearances of
bridges and causeways in navigable waters of United States transferred
to and vested in Secretary of Transportation by Pub. L. 89-670,
Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department
of Transportation. Pub. L. 97-449 amended section 401 of this title to
reflect transfer made by section 6(g)(6)(A) of Pub. L. 89-670, and
repealed section 6(g)(6)(A).
Termination of Discharge Permit Program
No permits for discharges into navigable waters to be issued under
this section after Oct. 18, 1972, and the discharge permit program to be
carried out instead under section 1342 of this title, with applications
under this section pending on Oct. 18, 1972, to be deemed applications
for permits under section 1342, see section 1342 of this title.
Executive Order No. 11574
Ex. Ord. No. 11574, Dec. 23, 1970, 35 F.R. 19627, which provided for
administration of a permit program to regulate discharge of pollutants
and other refuse matter into navigable waters or their tributaries and
placement of such matter on their banks, was revoked by Ex. Ord. No.
12553, Feb. 25, 1986, 51 F.R. 7237.
Section Referred to in Other Sections
This section is referred to in sections 411, 412, 413, 418, 419,
702i of this title; title 30 section 1292.
