§ 441. — Deposit of refuse prohibited; penalty.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC441]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9--PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER III--NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND HARBOR OF
BALTIMORE
Sec. 441. Deposit of refuse prohibited; penalty
The placing, discharging, or depositing, by any process or in any
manner, of refuse, dirt, ashes, cinders, mud, sand, dredgings, sludge,
acid, or any other matter of any kind, other than that flowing from
streets, sewers, and passing therefrom in a liquid state, in the waters
of any harbor subject to this subchapter, within the limits which shall
be prescribed by the supervisor of the harbor, is strictly forbidden,
and every such act is made a misdemeanor, and every person engaged in or
who shall aid, abet, authorize, or instigate a violation of this
section, shall, upon conviction, be punishable by fine or imprisonment,
or both, such fine to be not less than $250 nor more than $2,500, and
the imprisonment to be not less than thirty days nor more than one year,
either or both united, as the judge before whom conviction is obtained
shall decide, one-half of said fine to be paid to the person or persons
giving information which shall lead to conviction of this misdemeanor.
(June 29, 1888, ch. 496, Sec. 1, 25 Stat. 209; Pub. L. 85-802,
Sec. 1(1), Aug. 28, 1958, 72 Stat. 970.)
Prior Provisions
Section 1 of act June 29, 1888, superseded act Aug. 5, 1886, ch.
929, Sec. 3, 24 Stat. 329, which provided that: ``It shall not be lawful
to cast, throw, empty, or unlade, or cause, suffer, or procure to be
cast, thrown, emptied, or unladen, either from or out of any ship,
vessel, lighter, barge, boat, or other craft, or from the shore, pier,
wharf, or mills of any kind whatever, any ballast, stone, slate, gravel,
earth, slack, rubbish, wreck, filth, slabs, edgings, sawdust, slag or
cinders or other refuse or mill-waste of any kind, into New York Harbor:
Provided, That nothing herein contained shall extend, or be construed to
extend, to the casting out, unlading, or throwing out of any ship or
vessel, lighter, barge, boat, or other craft, any stones, rocks, bricks,
lime, or other materials used, or to be used, in or toward the building,
repairing, or keeping in repair any quay, pier, wharf, weir, bridge,
building, or other work lawfully erected or to be erected on the banks
or sides of said harbor, or to the casting out, unloading or depositing
of any material excavated for the improvement of navigable waters, into
such places and in such manner as may be deemed by the United States
officer supervising the improvement of said harbor most judicious and
practicable and for the best interests of such improvement.''
Amendments
1958--Pub. L. 85-802 substituted ``waters of any harbor subject to
this subchapter,'' for ``tidal waters of the harbor of New York, or its
adjacent or tributary waters, or in those of long Island Sound,''.
Effective Date of 1958 Amendment
Section 2 of Pub. L. 85-802 provided that: ``This Act [amending this
section and sections 442, 446, 447, 449, 451, and 451a of this title and
enacting section 451b of this title] shall take effect on the sixtieth
day after the date of its enactment [Aug. 28, 1958].''
Section Referred to in Other Sections
This section is referred to in sections 442, 443, 444 of this title.
