Collapse to view only § 2605. Enforcement
- § 2601. Definitions
- § 2602. Vessel permits and numbers
- § 2603. Waste handling practices
- § 2604. Suspension, revocation, and injunctions
- § 2605. Enforcement
- § 2606. Subpena authority
- § 2607. Fees
- § 2608. Civil penalty procedures
- § 2609. Penalties
§ 2601. DefinitionsIn this chapter—
(1) “Administrator” means the Administrator of the Environmental Protection Agency.
(2) “coastal waters” means—
(A) the territorial sea of the United States;
(B) the Great Lakes and their connecting waters;
(C) the marine and estuarine waters of the United States up to the head of tidal influence; and
(D) the Exclusive Economic Zone as established by Presidential Proclamation Number 5030, dated March 10, 1983.
(3) “municipal or commercial waste” means solid waste (as defined in section 6903 of title 42) except—
(A) solid waste identified and listed under section 6921 of title 42;
(B) waste generated by the vessel during normal operations;
(C) debris solely from construction activities;
(D) sewage sludge subject to regulation under title I of the Marine Protection, Research, and Sanctuaries Act of 1972 [33 U.S.C. 1411 et seq.]; and
(E) dredged or fill material subject to regulation under title I of the Marine Protection, Research, and Sanctuaries Act of 1972 [33 U.S.C. 1411 et seq.], the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), or the Rivers and Harbors Appropriation Act of 1899 (33 U.S.C. 401 et seq.).
(4) “person” means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body.
(5) “receiving facility” means a facility or operation where municipal or commercial waste is unloaded from a vessel.
(6) “United States”, when used in a geographic sense, means the States of the United States, Puerto Rico, the District of Columbia, the Virgin Islands, American Samoa, Guam, the Northern Mariana Islands, and any other territory or possession of the United States.
(7) “waste source” means a facility or vessel from which municipal or commercial waste is loaded onto a vessel, including any rolling stock or motor vehicles from which that waste is directly loaded.
(Pub. L. 100–688, title IV, § 4101, Nov. 18, 1988, 102 Stat. 4154.)
§ 2602. Vessel permits and numbers
(a) In generalA vessel (except a public vessel as defined in section 2101 of title 46) may not transport municipal or commercial waste in coastal waters without—
(1) a permit for that vessel from the Secretary of Transportation; and
(2) displaying a number or other marking on the vessel as prescribed by the Secretary under chapter 123 or section 12502(b) of title 46.
(b) Permit applicationsApplication for a permit required by subsection (a) of this section shall be made by the vessel owner or operator and include—
(1) the name, address, and telephone number of the vessel owner and operator;
(2) the vessel’s name and identification number;
(3) the vessel’s area of operation;
(4) the vessel’s transport capacity;
(5) a history of the types of cargo transported by that vessel during the previous year, including identifying the type of municipal or commercial waste transported as—
(A) municipal waste;
(B) commercial waste;
(C) medical waste; or
(D) waste of another character.
(6) any other information the Secretary may require; and
(7) an acknowledgment.
(c) Effective date of permitsA permit issued under this section—
(1) is effective 30 days after the date on which it was issued;
(2) may be issued only for a period of not more than 5 years after the effective date of the permit;
(3) may be renewed for periods of not more than 5 years only by the vessel owner or operator that applied for the original permit; and
(4) is terminated when the vessel is sold.
(d) Denial of permitsThe Secretary may, or at the request of the Administrator shall, deny the issuance of a permit for any vessel if the owner or operator of the vessel has a record of a pattern of serious violations of—
(1) this subchapter;
(2) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
(3) the Marine Protection, Research, and Sanctuaries Act of 1972 [16 U.S.C. 1431 et seq., 1447 et seq.; 33 U.S.C. 1401 et seq., 2801 et seq.];
(4) the Rivers and Harbors Appropriation Act of 1899 (33 U.S.C. 401 et seq.); or
(5) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
(e) Permit decisionThe Secretary, after consultation with the Administrator, shall issue or deny a vessel permit under this section within 30 days after receiving a complete application. On denying the issuance of the permit for a vessel the Secretary shall—
(1) notify the applicant of the denial and the reasons for the denial; and
(2) provide an opportunity for a hearing on the denial.
(f) Maintaining permit
(1) In general
(2) Endorsements
(g) Vessel information system
(Pub. L. 100–688, title IV, § 4102, Nov. 18, 1988, 102 Stat. 4155.)
§ 2603. Waste handling practices
(a) In general
(1) Loading
(2) Securing
(3) Offloading
(4) Cleaning up
(b) Regulations
The Administrator, in consultation with the Secretary of Transportation, shall prescribe regulations—
(1) requiring that waste sources, receiving facilities, and vessels provide the means and facilities to assure that the waste will not be deposited into coastal waters during loading, offloading, and transport;
(2) requiring, as appropriate, the submission and adoption by each responsible party of an operation and maintenance manual identifying procedures to be used to prevent, report, and clean up any deposit of municipal or commercial waste into coastal waters, including record keeping requirements; and
(3) if the Administrator determines that tracking systems are required to assure adequate enforcement of laws preventing the deposit of municipal or commercial waste into coastal waters, requiring installation of the appropriate systems within 18 months after the Administrator makes that determination.
(Pub. L. 100–688, title IV, § 4103, Nov. 18, 1988, 102 Stat. 4156.)
§ 2604. Suspension, revocation, and injunctions
(a) Suspension and revocation
(b) Injunctions
(Pub. L. 100–688, title IV, § 4104, Nov. 18, 1988, 102 Stat. 4157.)
§ 2605. Enforcement
(a) General authority
(b) Periodic examinations
(c) Refusal of clearance
(d) Denial of entry and detention
If a vessel does not comply with this chapter, the Secretary of Transportation may—
(1) deny entry to any place in the United States; and
(2) detain at the place in the United States from which it is about to depart.
(e) Persistent violators
(Pub. L. 100–688, title IV, § 4105, Nov. 18, 1988, 102 Stat. 4157.)
§ 2606. Subpena authority
(a) General authority
(b) Subpena authority
(c) Failure to comply
(d) Witness fees
(Pub. L. 100–688, title IV, § 4106, Nov. 18, 1988, 102 Stat. 4157.)
§ 2607. Fees
The Secretary of Transportation may collect a fee under section 9701 of title 31 of not more than $1,000, from each person to whom a permit is issued under this subchapter for a permitting system and to maintain information.
(Pub. L. 100–688, title IV, § 4107, Nov. 18, 1988, 102 Stat. 4158.)
§ 2608. Civil penalty procedures
(a) General procedures
(b) Compromising penalties
(c) Referral to Attorney General
(d) Refund of penalty
The Secretary may refund or remit a civil penalty collected under this chapter if—
(1) application has been made for refund or remission of the penalty within one year from the date of payment; and
(2) the Secretary finds that the penalty was unlawfully, improperly, or excessively imposed.
(Pub. L. 100–688, title IV, § 4108, Nov. 18, 1988, 102 Stat. 4158.)
§ 2609. Penalties
(a) General penalty
(b) Operating without a permit
(c) Criminal penalty
(d) Payments for information
(Pub. L. 100–688, title IV, § 4109, Nov. 18, 1988, 102 Stat. 4158.)