§ 1905. — Pollution reception facilities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1905]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33--PREVENTION OF POLLUTION FROM SHIPS
Sec. 1905. Pollution reception facilities
(a) Adequacy; criteria
(1) The Secretary, after consultation with the Administrator of the
Environmental Protection Agency, shall establish regulations setting
criteria for determining the adequacy of a port's or terminal's
reception facilities for mixtures containing oil or noxious liquid
substances and shall establish procedures whereby a person in charge of
a port or terminal may request the Secretary to certify that the port's
or terminal's facilities for receiving the residues and mixtures
containing oil or noxious liquid substance from seagoing ships are
adequate.
(2) The Secretary, after consulting with appropriate Federal
agencies, shall establish regulations setting criteria for determining
the adequacy of reception facilities for garbage at a port or terminal,
and stating such additional measures and requirements as are appropriate
to ensure such adequacy. Persons in charge of ports and terminals shall
provide reception facilities, or ensure that such facilities are
available, for receiving garbage in accordance with those regulations.
(b) Traffic considerations
In determining the adequacy of reception facilities required by the
MARPOL Protocol or the Antarctic Protocol at a port or terminal, and in
establishing regulations under subsection (a) of this section, the
Secretary may consider, among other things, the number and types of
ships or seagoing ships using the port or terminal, including their
principal trades.
(c) Certificate; issuance; validity; inspection; review of suspension or
revocation by Secretary
(1) If reception facilities of a port or terminal meet the
requirements of Annex I and Annex II to the Convention and the
regulations prescribed under subsection (a)(1) of this section, the
Secretary shall, after consultation with the Administrator of the
Environmental Protection Agency, issue a certificate to that effect to
the applicant.
(2)(A) Subject to subparagraph (B), if reception facilities of a
port or terminal meet the requirements of Annex V to the Convention and
the regulations prescribed under subsection (a)(2) of this section, the
Secretary may, after consultation with appropriate Federal agencies,
issue a certificate to that effect to the person in charge of the port
or terminal.
(B) The Secretary may not issue a certificate attesting to the
adequacy of reception facilities under this paragraph unless, prior to
the issuance of the certificate, the Secretary conducts an inspection of
the reception facilities of the port or terminal that is the subject of
the certificate.
(C) The Secretary may, with respect to certificates issued under
this paragraph prior to October 19, 1996, prescribe by regulation
differing periods of validity for such certificates.
(3) A certificate issued under this subsection--
(A) is valid for the 5-year period beginning on the date of
issuance of the certificate, except that if--
(i) the charge for operation of the port or terminal is
transferred to a person or entity other than the person or
entity that is the operator on the date of issuance of the
certificate--
(I) the certificate shall expire on the date that is 30
days after the date of the transfer; and
(II) the new operator shall be required to submit an
application for a certificate before a certificate may be
issued for the port or terminal; or
(ii) the certificate is suspended or revoked by the
Secretary, the certificate shall cease to be valid; and
(B) shall be available for inspection upon the request of the
master, other person in charge, or agent of a ship using or
intending to use the port or terminal.
(4) The suspension or revocation of a certificate issued under this
subsection may be appealed to the Secretary and acted on by the
Secretary in the manner prescribed by regulation.
(d) Publication of list of certificated ports or terminals
(1) The Secretary shall maintain a list of ports or terminals with
respect to which a certificate issued under this section--
(A) is in effect; or
(B) has been revoked or suspended.
(2) The Secretary shall make the list referred to in paragraph (1)
available to the general public.
(e) Entry; denial
(1) Except in the case of force majeure, the Secretary shall deny
entry to a seagoing ship required by the Convention or the Antarctic
Protocol to retain onboard while at sea, residues and mixtures
containing oil or noxious liquid substances, if--
(A) the port or terminal is one required by Annexes I and II of
the Convention or Article 9 of Annex IV to the Antarctic Protocol or
regulations hereunder to have adequate reception facilities; and
(B) the port or terminal does not hold a valid certificate
issued by the Secretary under this section.
(2) The Secretary may deny the entry of a ship to a port or terminal
required by regulations issued under this section to provide adequate
reception facilities for garbage if the port or terminal is not in
compliance with those regulations.
(f) Surveys
(1) The Secretary is authorized to conduct surveys of existing
reception facilities in the United States to determine measures needed
to comply with the MARPOL Protocol or the Antarctic Protocol.
(2)(A) \1\ Not later than 18 months after October 19, 1996, the
Secretary shall promulgate regulations that require the operator of each
port or terminal that is subject to any requirement of the MARPOL
Protocol relating to reception facilities to post a placard in a
location that can easily be seen by port and terminal users. The placard
shall state, at a minimum, that a user of a reception facility of the
port or terminal should report to the Secretary any inadequacy of the
reception facility.
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\1\ So in original. No subpar. (B) has been enacted.
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(Pub. L. 96-478, Sec. 6, Oct. 21, 1980, 94 Stat. 2299; Pub. L. 100-220,
title II, Sec. 2103, Dec. 29, 1987, 101 Stat. 1461; Pub. L. 101-225,
title II, Sec. 201(1), Dec. 12, 1989, 103 Stat. 1910; Pub. L. 104-227,
title II, Sec. 201(d), Oct. 2, 1996, 110 Stat. 3042; Pub. L. 104-324,
title VIII, Sec. 801, Oct. 19, 1996, 110 Stat. 3943.)
Amendments
1996--Subsec. (b). Pub. L. 104-227, Sec. 201(d)(1), inserted ``or
the Antarctic Protocol'' after ``the MARPOL Protocol''.
Subsec. (c)(2). Pub. L. 104-324, Sec. 801(a)(1), (2), designated
existing provisions as subpar. (A), substituted ``Subject to
subparagraph (B), if'' for ``If'', and added subpars. (B) and (C).
Subsec. (c)(3)(A). Pub. L. 104-324, Sec. 801(a)(3), added subpar.
(A) and struck out former subpar. (A) which read as follows: ``is valid
until suspended or revoked by the Secretary for cause or because of
changed conditions; and''.
Subsec. (d). Pub. L. 104-324, Sec. 801(a)(4), added subsec. (d) and
struck out former subsec. (d) which read as follows: ``The Secretary
shall periodically cause to be published in the Federal Register a list
of the ports or terminals holding a valid certificate issued under this
section.''
Subsec. (e)(1). Pub. L. 104-227, Sec. 201(d)(2), (3), inserted ``or
the Antarctic Protocol'' after ``the Convention'' in introductory
provisions and inserted ``or Article 9 of Annex IV to the Antarctic
Protocol'' after ``the Convention'' in subpar. (A).
Subsec. (f). Pub. L. 104-324, Sec. 801(b), designated existing
provisions as par. (1) and added par. (2)(A).
Pub. L. 104-227, Sec. 201(d)(4), inserted ``or the Antarctic
Protocol'' after ``the MARPOL Protocol''.
1989--Subsec. (c)(1). Pub. L. 101-225 substituted ``Annex I and
Annex II'' for ``Annex V''.
1987--Subsec. (a). Pub. L. 100-220, Sec. 2103(a), designated
existing provisions as par. (1), substituted ``a port's or terminal's
reception facilities for mixtures containing oil or noxious liquid
substances'' for ``reception facilities of a port or terminal'', and
added par. (2).
Subsec. (b). Pub. L. 100-220, Sec. 2103(b), inserted ``and in
establishing regulations under subsection (a) of this section,'' and
``ships or''.
Subsec. (c). Pub. L. 100-220, Sec. 2103(c), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: ``If, upon
inspection, reception facilities of a port or terminal are adequate to
meet the requirements of the MARPOL Protocol and the regulations
established hereunder, the Secretary shall, after consultation with the
Administrator of the Environmental Protection Agency, issue a
certificate to that effect to the applicant. A certificate issued under
this subsection--
``(1) is valid until suspended or revoked by the Secretary for
cause or because of changed conditions; and
``(2) shall be available for inspection upon the request of the
master, other person in charge, or agent of a seagoing ship using or
intending to use the port or terminal.
The suspension or revocation of a certificate issued under this
subsection may be appealed to the Secretary and acted on by him in the
manner prescribed by regulation.''
Subsec. (e). Pub. L. 100-220, Sec. 2103(d), designated existing
provisions as par. (1), redesignated former pars. (1) and (2) as
subpars. (A) and (B), respectively, in subpar. (A), substituted
``Annexes I and II of the Convention'' for ``the MARPOL Protocol'', and
added par. (2).
Effective Date of 1987 Amendment
Amendment by Pub. L. 100-220 effective Dec. 31, 1988, the date on
which Annex V to the International Convention for the Prevention of
Pollution from Ships, 1973, entered into force for the United States,
see section 2002(a) of Pub. L. 100-220, set out as a note under section
1901 of this title.
Effective Date
Subsecs. (a), (c), and (f) of this section effective Oct. 21, 1980,
see section 14(b) of Pub. L. 96-478, set out as a note under section
1901 of this title.
Section Referred to in Other Sections
This section is referred to in section 1902 of this title.
