Collapse to view only § 1421. Omitted
- § 1411. Prohibited acts
- § 1412. Dumping permit program
- § 1412a. Emergency dumping of industrial waste
- § 1413. Dumping permit program for dredged material
- § 1414. Permit conditions
- § 1414a. Special provisions regarding certain dumping sites
- § 1414b. Ocean dumping of sewage sludge and industrial waste
- § 1414c. Prohibition on disposal of sewage sludge at landfills on Staten Island
- § 1415. Penalties
- § 1416. Relationship to other laws
- § 1417. Enforcement
- § 1418. Regulations
- § 1419. International cooperation
- § 1420. Authorization of appropriations
- § 1421. Omitted
§ 1411. Prohibited acts
(a) Except as may be authorized by a permit issued pursuant to section 1412 or section 1413 of this title, and subject to regulations issued pursuant to section 1418 of this title,
(1) no person shall transport from the United States, and
(2) in the case of a vessel or aircraft registered in the United States or flying the United States flag or in the case of a United States department, agency, or instrumentality, no person shall transport from any location
any material for the purpose of dumping it into ocean waters.
(b) Except as may be authorized by a permit issued pursuant to section 1412 of this title, and subject to regulations issued pursuant to section 1418 of this title, no person shall dump any material transported from a location outside the United States (1) into the territorial sea of the United States, or (2) into a zone contiguous to the territorial sea of the United States, extending to a line twelve nautical miles seaward from the base line from which the breadth of the territorial sea is measured, to the extent that it may affect the territorial sea or the territory of the United States.
(Pub. L. 92–532, title I, § 101, Oct. 23, 1972, 86 Stat. 1053; Pub. L. 93–254, § 1(3), Mar. 22, 1974, 88 Stat. 51.)
§ 1412. Dumping permit program
(a) Environmental Protection Agency permitsExcept 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
(c) Designation of sites
(1) In general
(2) Prohibitions regarding site or time period
(3) Dredged material disposal sitesIn 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
(5) Management plans for previously designated sites
(d) Fish wastes
(e) Foreign State permits; acceptance
(Pub. L. 92–532, title I, § 102, Oct. 23, 1972, 86 Stat. 1054; Pub. L. 93–254, § 1(4), Mar. 22, 1974, 88 Stat. 51; Pub. L. 96–572, § 3, Dec. 22, 1980, 94 Stat. 3345; Pub. L. 100–688, title III, § 3201(b), Nov. 18, 1988, 102 Stat. 4153; Pub. L. 102–580, title V, § 506(a), Oct. 31, 1992, 106 Stat. 4868; Pub. L. 104–303, title V, § 582, Oct. 12, 1996, 110 Stat. 3791; Pub. L. 106–53, title V, § 562, Aug. 17, 1999, 113 Stat. 355; Pub. L. 110–114, title V, § 5046, Nov. 8, 2007, 121 Stat. 1209.)
§ 1412a. Emergency dumping of industrial waste
(a) Issuance of emergency permits
(b) “Industrial waste” defined
(Pub. L. 95–153, § 4, Nov. 4, 1977, 91 Stat. 1255; Pub. L. 96–572, § 2, Dec. 22, 1980, 94 Stat. 3344; Pub. L. 100–688, title I, § 1003(a), Nov. 18, 1988, 102 Stat. 4149.)
§ 1413. Dumping permit program for dredged material
(a) Issuance by Secretary of the Army
(b) Independent determination of need for dumping, other methods of disposal, and appropriate locations; alternative sites
In making the determination required by subsection (a), the Secretary shall apply those criteria, established pursuant to section 1412(a) of this title, relating to the effects of the dumping. Based upon an evaluation of the potential effect of a permit denial on navigation, economic and industrial development, and foreign and domestic commerce of the United States, the Secretary shall make an independent determination as to the need for the dumping. The Secretary shall also make an independent determination as to other possible methods of disposal and as to appropriate locations for the dumping. In considering appropriate locations, he shall, to the maximum extent feasible, utilize the recommended sites designated by the Administrator pursuant to section 1412(c) of this title. In any case in which the use of a designated site is not feasible, the Secretary may, with the concurrence of the Administrator, select an alternative site. The criteria and factors established in section 1412(a) of this title relating to site selection shall be used in selecting the alternative site in a manner consistent with the application of such factors and criteria pursuant to section 1412(c) of this title. Disposal at or in the vicinity of an alternative site shall be limited to a period of not greater than 5 years unless the site is subsequently designated pursuant to section 1412(c) of this title; except that an alternative site may continue to be used for an additional period of time that shall not exceed 5 years if—
(1) no feasible disposal site has been designated by the Administrator;
(2) the continued use of the alternative site is necessary to maintain navigation and facilitate interstate or international commerce; and
(3) the Administrator determines that the continued use of the site does not pose an unacceptable risk to human health, aquatic resources, or the environment.
(c) Concurrence by Administrator
(1) Notification
(2) Concurrence by Administrator
(3) Effect of concurrence
(4) Failure to act
(5) Compliance with criteria and restrictions
(d) Waiver of requirements
(e) Federal projects involving dredged material
(Pub. L. 92–532, title I, § 103, Oct. 23, 1972, 86 Stat. 1055; Pub. L. 102–580, title V, §§ 504, 506(b), Oct. 31, 1992, 106 Stat. 4866, 4869.)
§ 1414. Permit conditions
(a) Designated and included conditions
(b) Permit processing fees; reporting requirements
(c) General permits
(d) Review
(e) Information for review and evaluation of applications
(f) Public information
(g) Display of issued permits
(h) Low-level radioactive waste; research purposesNotwithstanding any provision of this subchapter to the contrary, during the two-year period beginning on January 6, 1983, no permit may be issued under this subchapter that authorizes the dumping of any low-level radioactive waste unless the Administrator of the Environmental Protection Agency determines—
(1) that the proposed dumping is necessary to conduct research—
(A) on new technology related to ocean dumping, or
(B) to determine the degree to which the dumping of such substance will degrade the marine environment;
(2) that the scale of the proposed dumping is limited to the smallest amount of such material and the shortest duration of time that is necessary to fulfill the purposes of the research, such that the dumping will have minimal adverse impact upon human health, welfare, and amenities, and the marine environment, ecological systems, economic potentialities, and other legitimate uses;
(3) after consultation with the Secretary of Commerce, that the potential benefits of such research will outweigh any such adverse impact; and
(4) that the proposed dumping will be preceded by appropriate baseline monitoring studies of the proposed dump site and its surrounding environment.
Each permit issued pursuant to this subsection shall be subject to such conditions and restrictions as the Administrator determines to be necessary to minimize possible adverse impacts of such dumping.
(i) Radioactive Material Disposal Impact Assessment; Congressional approval
(1) Two years after January 6, 1983, the Administrator may not issue a permit under this subchapter for the disposal of radioactive waste material until the applicant, in addition to complying with all other requirements of this subchapter, prepares, with respect to the site at which the disposal is proposed, a Radioactive Material Disposal Impact Assessment which shall include—
(A) a listing of all radioactive materials in each container to be disposed, the number of containers to be dumped, the structural diagrams of each container, the number of curies of each material in each container, and the exposure levels in rems at the inside and outside of each container;
(B) an analysis of the environmental impact of the proposed action, at the site at which the applicant desires to dispose of the material, upon human health and welfare and marine life;
(C) any adverse environmental effects at the site which cannot be avoided should the proposal be implemented;
(D) an analysis of the resulting environmental and economic conditions if the containers fail to contain the radioactive waste material when initially deposited at the specific site;
(E) a plan for the removal or containment of the disposed nuclear material if the container leaks or decomposes;
(F) a determination by each affected State whether the proposed action is consistent with its approved Coastal Zone Management Program;
(G) an analysis of the economic impact upon other users of marine resources;
(H) alternatives to the proposed action;
(I) comments and results of consultation with State officials and public hearings held in the coastal States that are nearest to the affected areas;
(J) a comprehensive monitoring plan to be carried out by the applicant to determine the full effect of the disposal on the marine environment, living resources, or human health, which plan shall include, but not be limited to, the monitoring of exterior container radiation samples, the taking of water and sediment samples, and fish and benthic animal samples, adjacent to the containers, and the acquisition of such other information as the Administrator may require; and
(K) such other information which the Administrator may require in order to determine the full effects of such disposal.
(2) The Administrator shall include, in any permit to which paragraph (1) applies, such terms and conditions as may be necessary to ensure that the monitoring plan required under paragraph (1)(J) is fully implemented, including the analysis by the Administrator of the samples required to be taken under the plan.
(3) The Administrator shall submit a copy of the assessment prepared under paragraph (1) with respect to any permit to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Environment and Public Works of the Senate.
(4)
(A) Upon a determination by the Administrator that a permit to which this subsection applies should be issued, the Administrator shall transmit such a recommendation to the House of Representatives and the Senate.
(B) No permit may be issued by the Administrator under this Act for the disposal of radioactive materials in the ocean unless the Congress, by approval of a resolution described in paragraph (D) within 90 days of continuous session of the Congress beginning on the date after the date of receipt by the Senate and the House of Representatives of such recommendation, authorizes the Administrator to grant a permit to dispose of radioactive material under this Act.
(C) For purposes of this subsection—
(1) continuity of session of the Congress is broken only by an adjournment sine die;
(2) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the 90 day calendar period.
(D) For the purposes of this subsection, the term “resolution” means a joint resolution, the resolving clause of which is as follows: “That the House of Representatives and the Senate approve and authorize the Administrator of the Environmental Protection Agency to grant a permit to _____ under the Marine Protection, Research, and Sanctuaries Act of 1972 to dispose of radioactive materials in the ocean as recommended by the Administrator to the Congress on _____, 19_.”; the first blank space therein to be filled with the appropriate applicant to dispose of nuclear material and the second blank therein to be filled with the date on which the Administrator submits the recommendation to the House of Representatives and the Senate.
(Pub. L. 92–532, title I, § 104, Oct. 23, 1972, 86 Stat. 1056; Pub. L. 97–424, title IV, § 424(a), Jan. 6, 1983, 96 Stat. 2165; Pub. L. 100–17, title I, § 133(c)(1), Apr. 2, 1987, 101 Stat. 172; Pub. L. 102–580, title V, § 507, Oct. 31, 1992, 106 Stat. 4869.)
§ 1414a. Special provisions regarding certain dumping sites
(a) New York Bight Apex
(1) For purposes of this subsection—
(A) The term “Apex” means the New York Bight Apex consisting of the ocean waters of the Atlantic Ocean westward of 73 degrees 30 minutes west longitude and northward of 40 degrees 10 minutes north latitude.
(B) The term “Apex site” means that site within the Apex at which the dumping of municipal sludge occurred before October 1, 1983.
(C) The term “eligible authority” means any sewerage authority or other unit of State or local government that on November 2, 1983, was authorized under court order to dump municipal sludge at the Apex site.
(2) No person may apply for a permit under this subchapter in relation to the dumping of, or the transportation for purposes of dumping, municipal sludge within the Apex unless that person is an eligible authority.
(3) The Administrator may not issue, or renew, any permit under this subchapter that authorizes the dumping of, or the transportation for purposes of dumping, municipal sludge within the Apex after the earlier of—
(A)December 15, 1987; or
(B) the day determined by the Administrator to be the first day on which municipal sludge generated by eligible authorities can reasonably be dumped at a site designated under section 1412 of this title other than a site within the Apex.
(b) Restriction on use of 106-mile site
(Pub. L. 92–532, title I, § 104A, as added Pub. L. 99–662, title XI, § 1172(b), Nov. 17, 1986, 100 Stat. 4259; Pub. L. 100–4, title V, § 508(b), Feb. 4, 1987, 101 Stat. 79; Pub. L. 100–688, title I, § 1002, Nov. 18, 1988, 102 Stat. 4139.)
§ 1414b. Ocean dumping of sewage sludge and industrial waste
(a) Termination of dumping
(1) Prohibitions on dumpingNotwithstanding any other provision of law—
(A) on and after the 270th day after November 18, 1988, no person (including a person described in section 1414a(a)(1)(C) of this title) shall dump into ocean waters, or transport for the purpose of dumping into ocean waters, sewage sludge or industrial waste, unless such person—
(i) has entered into a compliance agreement or enforcement agreement which meets the requirements of subsection (c)(2) or (3), as applicable; and
(ii) has obtained a permit issued under section 1412 of this title which authorizes such transportation and dumping; and
(B) after December 31, 1991, it shall be unlawful for any person to dump into ocean waters, or to transport for the purposes of dumping into ocean waters, sewage sludge or industrial waste.
(2) Prohibition on new entrants
(b) Special dumping fees
(1) In generalSubject to paragraph (4), any person who dumps into ocean waters, or transports for the purpose of dumping into ocean waters, sewage sludge or industrial waste shall be liable for a fee equal to—
(A) $100 for each dry ton (or equivalent) of sewage sludge or industrial waste transported or dumped by the person on or after the 270th day after November 18, 1988, and before January 1, 1990;
(B) $150 for each dry ton (or equivalent) of sewage sludge or industrial waste transported or dumped by the person on or after January 1, 1990, and before January 1, 1991; and
(C) $200 for each dry ton (or equivalent) of sewage sludge or industrial waste transported or dumped by the person on or after January 1, 1991, and before January 1, 1992.
(2) Payment of feesOf the amount of fees under paragraph (1) for which a person is liable, such person—
(A) shall pay into a trust account established by the person in accordance with subsection (e) a sum equal to 85 percent of such amount;
(B) shall pay to the Administrator a sum equal to $15 per dry ton (or equivalent) of sewage sludge and industrial waste transported or dumped by such person, for use for agency activities as provided in subsection (f)(1);
(C) subject to paragraph (5), shall pay into the Clean Oceans Fund established by the State in which the person is located a sum equal to 50 percent of the balance of such amount after application of subparagraphs (A) and (B); and
(D) subject to paragraph (5), shall pay to the State in which the person is located a sum equal to the balance of such amount after application of subparagraphs (A), (B), and (C), for deposit into the water pollution control revolving fund established by the State under title VI of the Federal Water Pollution Control Act [33 U.S.C. 1381 et seq.], as provided in subsection (f)(2).
(3) Schedule for payment
(4) Waiver of fees
(A) The Administrator shall waive all fees under this subsection, other than the portion of fees required to be paid to the Administrator under paragraph (2)(B) for agency activities, for any person who has entered into a compliance agreement which meets the requirements of subsection (c)(2).
(B) The Administrator shall reimpose fees under this subsection for a person for whom such fees are waived under subparagraph (A) if the Administrator determines that—
(i) the person has failed to comply with the terms of a compliance agreement which the person entered into under subsection (c)(2); and
(ii) such failure is likely to result in the person not being able to terminate by December 31, 1991, dumping of sewage sludge or industrial waste into ocean waters.
(C) The Administrator may waive fees reimposed for a person under subparagraph (B) if the Administrator determines that the person has returned to compliance with a compliance agreement which the person entered into under subsection (c)(2).
(5) Payments prior to establishment of account
(A) In any case in which a State has not established a Clean Oceans Fund or a water pollution control revolving fund under title VI of the Federal Water Pollution Control Act [33 U.S.C. 1381 et seq.], fees required to be paid by a person in that State under paragraph (2)(C) or (D), as applicable, shall be paid to the Administrator.
(B) Amounts paid to the Administrator pursuant to this paragraph shall be held by the Administrator in escrow until the establishment of the fund into which such amounts are required to be paid under paragraph (2), or until the last day of the 1-year period beginning on the date of such payment, whichever is earlier, and thereafter—
(i) if such fund has been established, shall be paid by the Administrator into the fund; or
(ii) if such fund has not been established, shall revert to the general fund of the Treasury.
(c) Compliance agreements and enforcement agreements
(1) In generalAs a condition of issuing a permit under section 1412 of this title which authorizes a person to transport or dump sewage sludge or industrial waste, the Administrator shall require that, before the issuance of such permit, the person and the State in which the person is located enter into with the Administrator—
(A) a compliance agreement which meets the requirements of paragraph (2); or
(B) an enforcement agreement which meets the requirements of paragraph (3).
(2) Compliance agreementsAn agreement shall be a compliance agreement for purposes of this section only if—
(A) it includes a plan negotiated by the person, the State in which the person is located, and the Administrator that will, in the opinion of the Administrator, if adhered to by the person in good faith, result in the phasing out and termination of ocean dumping, and transportation for the purpose of ocean dumping, of sewage sludge and industrial waste by such person by not later than December 31, 1991, through the design, construction, and full implementation of an alternative system for the management of sewage sludge and industrial waste transported or dumped by the person;
(B) it includes a schedule which—
(i) in the opinion of the Administrator, specifies reasonable dates by which the person shall complete the various activities that are necessary for the timely implementation of the alternative system referred to in subparagraph (A); and
(ii) meets the requirements of paragraph (4);
(C) it requires the person to notify in a timely manner the Administrator and the Governor of the State of any problems the person has in complying with the schedule referred to in subparagraph (B);
(D) it requires the Administrator and the Governor of the State to evaluate on an ongoing basis the compliance of the person with the schedule referred to in subparagraph (B);
(E) it requires the person to pay in accordance with this section all fees and penalties the person is liable for under this section; and
(F) it authorizes the person to use interim measures before completion of the alternative system referred to in subparagraph (A).
(3) Enforcement agreementsAn agreement shall be an enforcement agreement for purposes of this section only if—
(A) it includes a plan negotiated by the person, the State in which the person is located, and the Administrator that will, in the opinion of the Administrator, if adhered to by the person in good faith, result in the phasing out and termination of ocean dumping, and transportation for the purpose of ocean dumping, of sewage sludge and industrial waste by such person through the design, construction, and full implementation of an alternative system for the management of sewage sludge and industrial waste transported or dumped by the person;
(B) it includes a schedule which—
(i) in the opinion of the Administrator, specifies reasonable dates by which the person shall complete the various activities that are necessary for the timely implementation of the alternative system referred to in subparagraph (A); and
(ii) meets the requirements of paragraph (4);
(C) it requires the person to notify in a timely manner the Administrator and the Governor of the State of any problems the person has in complying with the schedule referred to in subparagraph (B);
(D) it requires the Administrator and the Governor of the State to evaluate on an ongoing basis the compliance of the person with the schedule referred to in subparagraph (B);
(E) it requires the person to pay in accordance with this section all fees and penalties the person is liable for under this section; and
(F) it authorizes the person to use interim measures before completion of the alternative system referred to in subparagraph (A).
(4) SchedulesA schedule included in a compliance agreement pursuant to paragraph (2)(B) or an enforcement agreement pursuant to paragraph (3)(B) shall establish deadlines for—
(A) preparation of engineering designs and related specifications for the alternative system referred to in paragraph (2)(A) or paragraph (3)(A), as applicable;
(B) compliance with appropriate Federal, State, and local statutes, regulations, and ordinances;
(C) site and equipment acquisitions for such alternative system;
(D) construction and testing of such alternative system;
(E) operation of such alternative system at full capacity; and
(F) any other activities, including interim measures, that the Administrator considers necessary or appropriate.
(5) Clean oceans funds
(A) Each State that is a party to a compliance agreement or an enforcement agreement under this subsection shall establish an interest bearing account, to be known as a Clean Oceans Fund, into which a person shall pay fees and penalties in accordance with subsections (b)(2)(C) and (d)(2)(C)(i), respectively.
(B) A State which establishes a Clean Oceans Fund pursuant to this paragraph shall allocate and pay from the fund each year, to each person in the State which has entered into a compliance agreement or enforcement agreement under this subsection, a portion of amounts in the fund on the last day of that year which is equal to the sum of—
(i) amounts paid by the person into the fund in that year as fees pursuant to subsection (b)(2)(C) and as penalties pursuant to subsection (d)(2)(C)(i);
(ii) amounts paid by the Administrator into the fund in that year as fees held in escrow for the person pursuant to subsection (b)(5)(B); and
(iii) interest on such amounts.
(C) Amounts allocated and paid to a person pursuant to subparagraph (B)—
(i) shall be used for the purposes described in subsection (e)(2)(B); and
(ii) may be used for matching Federal grants.
(D) A Clean Oceans Fund established by a State pursuant to this paragraph shall be subject to such accounting, reporting, and other requirements as may be established by the Administrator to assure accountability of payments into and out of the fund.
(6) Public participation
(d) Penalties
(1) In generalIn lieu of any other civil penalty under this Act, any person who has entered into a compliance agreement or enforcement agreement under subsection (c) and who dumps or transports sewage sludge or industrial waste in violation of subsection (a)(1)(B) shall be liable for a civil penalty, to be assessed by the Administrator, as follows:
(A) For each dry ton (or equivalent) of sewage sludge or industrial waste dumped or transported by the person in violation of this subsection in calendar year 1992, $600.
(B) For each dry ton (or equivalent) of sewage sludge or industrial waste dumped or transported by the person in violation of this subsection in any year after calendar year 1992, a sum equal to—
(i) the amount of penalty per dry ton (or equivalent) for a violation occurring in the preceding calendar year, plus
(ii) a percentage of such amount equal to 10 percent of such amount, plus an additional 1 percent of such amount for each full calendar year since December 31, 1991.
(2) Payment of penaltyOf the amount of penalties under paragraph (1) for which a person is liable, such person—
(A) shall pay into a trust account established by the person in accordance with subsection (e) a sum which is a percentage of such amount equal to—
(i) 90 percent of such amount, reduced by
(ii) 5 percent of such amount for each full calendar year since December 31, 1991;
(B) shall pay to the Administrator a sum equal to $15 per dry ton (or equivalent) of sewage sludge and industrial waste transported or dumped by such person in that year, for use for agency activities as provided in subsection (f)(1);
(C) for violations in any year before calendar year 1995—
(i) subject to paragraph (4), shall pay into the Clean Oceans Fund established by the State in which the person is located a sum equal to 50 percent of the balance of such amount; and
(ii) subject to paragraph (4), shall pay to the State in which the person is located a sum equal to the portion of such amount which is not paid as provided in subparagraphs (A), (B), and (C), for deposit into the water pollution control revolving fund established by the State under title VI of the Federal Water Pollution Control Act [33 U.S.C. 1381 et seq.], as provided in subsection (f)(2); and
(D) for violations in any year after calendar year 1994, shall pay to the State in which the person is located a sum equal to the balance of such amount, for use by the State for providing assistance under subsection (f)(3).
(3) Schedule for payment
(4) Payments prior to establishment of account
(e) Trust account
(1) In general
(2) Trust account requirementsAn account shall be a trust account for purposes of this subsection only if it meets, to the satisfaction of the Administrator, the following requirements:
(A) Amounts in the account may be used only with the concurrence of the person who establishes the account and the Administrator; except that the person may use amounts in the account for a purpose authorized by subparagraph (B) after 60 days after notification of the Administrator if the Administrator does not disapprove such use before the end of such 60-day period.
(B) Amounts in the account may be used only for projects which will identify, develop, and implement—
(i) an alternative system, and any interim measures, for the management of sewage sludge and industrial waste, including but not limited to any such system or measures utilizing resource recovery, recycling, thermal reduction, or composting techniques; or
(ii) improvements in pretreatment, treatment, and storage techniques for sewage sludge and industrial waste to facilitate the implementation of such alternative system or interim measures.
(C) Upon a finding by the Administrator that a person did not pay fees or penalties into an account as required by this section, or did not use amounts in the account in accordance with this subsection, the balance of the amounts in the account shall be paid to the State in which the person is located, for deposit into the water pollution control revolving fund established by the State under title VI of the Federal Water Pollution Control Act [33 U.S.C. 1381 et seq.], as provided in subsection (f)(2).
(3) Use of unexpended amountsUpon a determination by the Administrator that a person has terminated ocean dumping of sewage sludge or industrial waste, the balance of amounts in an account established by the person under this subsection shall be paid to the person for use—
(A) for debts incurred by the person in complying with this Act or the Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.];
(B) in meeting the requirements of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) which apply to the person, including operations and maintenance; and
(C) for matching Federal grants.
(4) Use for matching Federal grants
(f) Use of fees and penalties
(1) Agency activitiesOf the total amount of fees and penalties paid to the Administrator in a fiscal year pursuant to subsections (b)(2)(B) and (d)(2)(B), respectively—
(A) not to exceed one-third of such total amount shall be used by the Administrator for—
(i) costs incurred or expected to be incurred in undertaking activities directly associated with the issuance under this Act of permits for the transportation or dumping of sewage sludge and industrial waste, including the costs of any environmental assessment of the direct effects of dumping under the permits;
(ii) preparation of reports under subsection (i); and
(iii) such other research, studies, and projects the Administrator considers necessary for, and consistent with, the development and implementation of alternative systems for the management of sewage sludge and industrial waste;
(B) not to exceed one-third of such total amount shall be transferred to the Secretary of the department in which the Coast Guard is operating for use for—
(i) Coast Guard surveillance of transportation and dumping of sewage sludge and industrial waste subject to this Act; and
(ii) such enforcement activities conducted by the Coast Guard with respect to such transportation and dumping as may be necessary to ensure to the maximum extent practicable complete compliance with the requirements of this Act; and
(C) not to exceed one-third of such total amount shall be transferred to the Under Secretary of Commerce for Oceans and Atmosphere for use for—
(i) monitoring, research, and related activities consistent with the program developed pursuant to subsection (j)(1); and
(ii) preparing annual reports to the Congress pursuant to subsection (j)(4) 1
1 See References in Text note below.
which describe the results of such monitoring, research, and activities.(2) Deposits into State water pollution control revolving fund
(A) Amounts paid to a State pursuant to subsection (b)(2)(D), (d)(2)(C)(ii), or (e)(2)(C) shall be deposited into the water pollution control revolving fund established by the State pursuant to title VI of the Federal Water Pollution Control Act [33 U.S.C. 1381 et seq.].
(B) Amounts deposited into a State water pollution control revolving fund pursuant to this paragraph—
(i) shall not be used by the State to provide assistance to the person who paid such amounts for development or implementation of any alternative system;
(ii) shall not be considered to be State matching amounts under title VI of the Federal Water Pollution Control Act; and
(iii) shall not be subject to State matching requirements under such title.
(3) Penalty payments to States after 1994
(A) Amounts paid to a State as penalties pursuant to subsection (d)(2)(D) may be used by the State—
(i) for providing assistance to any person in the State—(I) for implementing a management program under section 319 of the Federal Water Pollution Control Act [33 U.S.C. 1329];(II) for developing and implementing a conservation and management plan under section 320 of such Act [33 U.S.C. 1330]; or(III) for implementing technologies and management practices necessary for controlling pollutant inputs adversely affecting the New York Bight, as such inputs are identified in the New York Bight Restoration Plan prepared under section 2301 of the Marine Plastic Pollution Research and Control Act of 1987; and
(ii) for providing assistance to any person in the State who was not required to pay such penalties for construction of treatment works (as defined in section 212 of the Federal Water Pollution Control Act [33 U.S.C. 1292]) which are publicly owned.
(B) Amounts paid to a State as penalties pursuant to subsection (d)(2)(D) which are not used in accordance with subparagraph (A) shall be deposited into the water pollution control revolving fund established by the State under title VI of the Federal Water Pollution Control Act. Amounts deposited into such a fund pursuant to this subparagraph—
(i) shall not be used by the State to provide assistance to the person who paid such amounts;
(ii) shall not be considered to be State matching amounts under title VI of the Federal Water Pollution Control Act; and
(iii) shall not be subject to State matching requirements under such title.
(4) Deposits into Treasury as offsetting collections
(g) Enforcement
(1) In generalWhenever, on the basis of any information available, the Administrator finds that a person is dumping or transporting sewage sludge or industrial waste in violation of subsection (a)(1), the Administrator shall issue an order requiring such person to terminate such dumping or transporting (as applicable) until such person—
(A) enters into a compliance agreement or an enforcement agreement under subsection (c); and
(B) obtains a permit under section 1412 of this title which authorizes such dumping or transporting.
(2) Requirements of orderAny order issued by the Administrator under this subsection—
(A) shall be delivered by personal service to the person named in the order;
(B) shall state with reasonable specificity the nature of the violation for which the order is issued; and
(C) shall require that the person named in the order, as a condition of dumping into ocean waters, or transporting for the purpose of dumping into ocean waters, sewage sludge or industrial waste—
(i) shall enter into a compliance agreement or an enforcement agreement under subsection (c); and
(ii) shall obtain a permit under section 1412 of this title which authorizes such dumping or transporting.
(3) Actions
(h) State progress reports
(1) In generalThe Governor of each State that is a party to a compliance agreement or an enforcement agreement under subsection (c) shall submit to the Administrator on September 30 of 1989 and of every year thereafter until the Administrator determines that ocean dumping of sewage sludge and industrial waste by persons located in that State has terminated, a report which describes—
(A) the efforts of each person located in the State to comply with a compliance agreement or enforcement agreement entered into by the person pursuant to subsection (c), including the extent to which such person has complied with deadlines established by the schedule included in such agreement;
(B) activity of the State regarding permits for the construction and operation of each alternative system; and
(C) an accounting of amounts paid into and withdrawn from a Clean Oceans Fund established by the State.
(2) Failure to submit report
(i) EPA progress reports
(1) In generalNot later than December 31 of 1989 and of each year thereafter until the Administrator determines that ocean dumping of sewage sludge and industrial waste has terminated, the Administrator shall prepare and submit to the Congress a report on—
(A) progress being made by persons issued permits under section 1412 of this title for transportation or dumping of sewage sludge or industrial waste in developing alternative systems for managing sewage sludge and industrial waste;
(B) the efforts of each such person to comply with a compliance agreement or enforcement agreement entered into by the person pursuant to subsection (c), including the extent to which such person has complied with deadlines established by the schedule included in such agreement;
(C) progress being made by the Administrator and others in identifying and implementing alternative systems for the management of sewage sludge and industrial waste; and
(D) progress being made toward the termination of ocean dumping of sewage sludge and industrial waste.
(2) Referral to Congressional committees
(j) Environmental monitoring
(1) In generalThe Administrator, in cooperation with the Under Secretary of Commerce for Oceans and Atmosphere, shall design a program for monitoring environmental conditions—
(A) at the Apex site (as that term is defined in section 1414a of this title);
(B) at the site designated by the Administrator under section 1412(c) of this title and known as the “106-Mile Ocean Waste Dump Site” (as described in 49 F.R. 19005);
(C) at the site at which industrial waste is dumped; and
(D) within the potential area of influence of the sewage sludge and industrial waste dumped at those sites.
(2) Program requirementsThe program designed under paragraph (1) shall include, but is not limited to—
(A) sampling of an appropriate number of fish and shellfish species and other organisms to assess the effects of environmental conditions on living marine organisms in these areas; and
(B) use of satellite and other advanced technologies in conducting the program.
(3) Monitoring activities
(4) Omitted
(k) DefinitionsFor purposes of this section—
(1) the term “alternative system” means any method for the management of sewage sludge or industrial waste which does not require a permit under this Act;
(2) the term “Clean Oceans Fund” means such a fund established by a State in accordance with subsection (c)(5);
(3) the term “excluded material” means—
(A) any dredged material discharged by the United States Army Corps of Engineers or discharged pursuant to a permit issued by the Secretary in accordance with section 1413 of this title; and
(B) any waste from a tuna cannery operation located in American Samoa or Puerto Rico discharged pursuant to a permit issued by the Administrator under section 1412 of this title;
(4) the term “industrial waste” means any solid, semisolid, or liquid waste generated by a manufacturing or processing plant, other than an excluded material;
(5) the term “interim measure” means any short-term method for the management of sewage sludge or industrial waste, which—
(A) is used before implementation of an alternative system; and
(B) does not require a permit under this Act; and
(6) the term “sewage sludge” means any solid, semisolid, or liquid waste generated by a wastewater treatment plant, other than an excluded material.
(Pub. L. 92–532, title I, § 104B, as added Pub. L. 100–688, title I, § 1002, Nov. 18, 1988, 102 Stat. 4139.)
§ 1414c. Prohibition on disposal of sewage sludge at landfills on Staten Island
(a) In general
(b) Exclusion from penalties
(1) In general
(2) Injunction
(c) “Sewage sludge” defined
(Pub. L. 92–532, title I, § 104C, as added Pub. L. 100–688, title I, § 1005, Nov. 18, 1988, 102 Stat. 4150.)
§ 1415. Penalties
(a) Assessment of civil penalty by Administrator; remission or mitigation; court action for appropriate relief
(b) Criminal penaltiesIn addition to any action that may be brought under subsection (a)—
(1) any person who knowingly violates any provision of this subchapter, any regulation promulgated under this subchapter, or a permit issued under this subchapter, shall be fined under title 18 or imprisoned for not more than 5 years, or both; and
(2) any person who is convicted of such a violation pursuant to paragraph (1) shall forfeit to the United States—
(A) any property constituting or derived from any proceeds that the person obtained, directly or indirectly, as a result of such violation; and
(B) any of the property of the person which was used, or intended to be used in any manner or part, to commit or to facilitate the commission of the violation.
(c) Separate offenses
(d) Injunctive relief
(e) Liability of vessels in rem
(f) Revocation and suspension of permits
(g) Civil suits by private persons
(1) Except as provided in paragraph (2) of this subsection any person may commence a civil suit on his own behalf to enjoin any person, including the United States and any other governmental instrumentality or agency (to the extent permitted by the eleventh amendment to the Constitution), who is alleged to be in violation of any prohibition, limitation, criterion, or permit established or issued by or under this subchapter. The district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such prohibition, limitation, criterion, or permit, as the case may be.
(2) No action may be commenced—
(A) prior to sixty days after notice of the violation has been given to the Administrator or to the Secretary, and to any alleged violator of the prohibition, limitation, criterion, or permit; or
(B) if the Attorney General has commenced and is diligently prosecuting a civil action in a court of the United States to require compliance with the prohibition, limitation, criterion, or permit; or
(C) if the Administrator has commenced action to impose a penalty pursuant to subsection (a) of this section, or if the Administrator, or the Secretary, has initiated permit revocation or suspension proceedings under subsection (f) of this section; or
(D) if the United States has commenced and is diligently prosecuting a criminal action in a court of the United States or a State to redress a violation of this subchapter.
(3)
(A) Any suit under this subsection may be brought in the judicial district in which the violation occurs.
(B) In any such suit under this subsection in which the United States is not a party, the Attorney General, at the request of the Administrator or Secretary, may intervene on behalf of the United States as a matter of right.
(4) The court, in issuing any final order in any suit brought pursuant to paragraph (1) of this subsection may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate.
(5) The injunctive relief provided by this subsection shall not restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any standard or limitation or to seek any other relief (including relief against the Administrator, the Secretary, or a State agency).
(h) Emergencies
(i) Seizure and forfeiture
(1) In general
(2) Limitation on application
(Pub. L. 92–532, title I, § 105, Oct. 23, 1972, 86 Stat. 1057; Pub. L. 100–688, title III, § 3201(c), (d), Nov. 18, 1988, 102 Stat. 4153; Pub. L. 102–580, title V, § 508, Oct. 31, 1992, 106 Stat. 4869.)
§ 1416. Relationship to other laws
(a) Voiding of preexisting licenses
(b) Actions under authority of Rivers and Harbors Act
(c) Impairment of navigation
(d) State programs
(1) State rights preserved
(2) Federal projects
In the case of a Federal project, a State may not adopt or enforce a requirement that is more stringent than a requirement under this subchapter if the Administrator finds that such requirement—
(A) is not supported by relevant scientific evidence showing the requirement to be protective of human health, aquatic resources, or the environment;
(B) is arbitrary or capricious; or
(C) is not applicable or is not being applied to all projects without regard to Federal, State, or private participation and the Secretary of the Army concurs in such finding.
(3) Exemption from State requirements
(4) Consideration of site of origin prohibited
(e) Existing conservation programs not affected
(f) Dumping of dredged material in Long Island Sound from any Federal, etc., project
(g) Savings clause
(Pub. L. 92–532, title I, § 106, Oct. 23, 1972, 86 Stat. 1058; Pub. L. 96–572, § 4, Dec. 22, 1980, 94 Stat. 3345; Pub. L. 99–499, title I, § 127(d), Oct. 17, 1986, 100 Stat. 1693; Pub. L. 101–596, title II, § 203, Nov. 16, 1990, 104 Stat. 3006; Pub. L. 102–580, title V, § 505, Oct. 31, 1992, 106 Stat. 4867.)
§ 1417. Enforcement
(a) Utilization of other departments, agencies, and instrumentalities
(b) Delegation of review and evaluation authority
(c) Surveillance and other enforcement activity
(Pub. L. 92–532, title I, § 107, Oct. 23, 1972, 86 Stat. 1059.)
§ 1418. Regulations
In carrying out the responsibilities and authority conferred by this subchapter, the Administrator, the Secretary, and the Secretary of the department in which the Coast Guard is operating are authorized to issue such regulations as they may deem appropriate.
(Pub. L. 92–532, title I, § 108, Oct. 23, 1972, 86 Stat. 1059.)
§ 1419. International cooperation
The Secretary of State, in consultation with the Administrator, shall seek effective international action and cooperation to insure protection of the marine environment, and may, for this purpose, formulate, present, or support specific proposals in the United Nations and other component international organizations for the development of appropriate international rules and regulations in support of the policy of this Act.
(Pub. L. 92–532, title I, § 109, Oct. 23, 1972, 86 Stat. 1060.)
§ 1420. Authorization of appropriations
There are authorized to be appropriated, for purposes of carrying out this subchapter, not to exceed $12,000,000 for fiscal year 1993 and not to exceed $14,000,000 for each of the fiscal years 1994, 1995, 1996, and 1997, to remain available until expended.
(Pub. L. 92–532, title I, § 111, Oct. 23, 1972, 86 Stat. 1060; Pub. L. 93–472, Oct. 26, 1974, 88 Stat. 1430; Pub. L. 94–62, § 1, July 25, 1975, 89 Stat. 303; Pub. L. 94–326, § 1, June 30, 1976, 90 Stat. 725; Pub. L. 95–153, § 1, Nov. 4, 1977, 91 Stat. 1255; Pub. L. 96–572, § 1, Dec. 22, 1980, 94 Stat. 3344; Pub. L. 97–16, June 23, 1981, 95 Stat. 100; Pub. L. 100–536, Oct. 28, 1988, 102 Stat. 2710; Pub. L. 102–580, title V, § 509(a), Oct. 31, 1992, 106 Stat. 4870.)
§ 1421. Omitted