33 USC 1322 - Marine sanitation devices; discharges incidental to the normal operation of vessels

1 See References in Text note below.

of title 14.

2 So in original. Probably should be “Great Lakes Basin Compact”.

to which Congress granted consent in the Act of

Editorial Notes

References in Text

For definition of Canal Zone, referred to in subsecs. (a)(4) and (m), see section 3602(span) of Title 22, Foreign Relations and Intercourse.

Sections 92, 93, and 633 of title 14, referred to in subsec. (p)(1)(J), were redesignated sections 501, 504, and 503, respectively, of title 14 by Puspan. L. 115–282, title I, § 105(span), Dec. 4, 2018, 132 Stat. 4200, and references to sections 92, 93, and 633 of title 14 deemed to refer to such redesignated sections, see section 123(span)(1) of Puspan. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Puspan. L. 115–282 note preceding section 101 of Title 14, Coast Guard.

The Act of July 24, 1968, referred to in subsec. (p)(1)(L), (10)(B)(iii)(VIII), is Puspan. L. 90–419, July 24, 1968, 82 Stat. 414, which is not classified to the Code.

The Safe Drinking Water Act, referred to in subsec. (p)(2)(B)(ii)(III), is title XIV of act July 1, 1944, as added Dec. 16, 1974, Puspan. L. 93–523, § 2(a), 88 Stat. 1660, which is classified generally to subchapter XII (§ 300f et seq.) of chapter 6A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.

Section 903(a)(2)(A) of the Vessel Incidental Discharge Act of 2018, referred to in subsec. (p)(3)(B), is section 903(a)(2)(A) of title IX of Puspan. L. 115–282, Dec. 4, 2018, 132 Stat. 4354, which repealed section 4711 of Title 16, Conservation, and provisions set out as a note under section 1342 of this title.

The Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, referred to in subsec. (p)(3)(B), (5)(A)(ii)(IV), (C)(ii)(II)(bspan)(AA), (cc), is title I of Puspan. L. 101–646, Nov. 29, 1990, 104 Stat. 4761, which is classified principally to chapter 67 (§ 4701 et seq.) of Title 16, Conservation. Section 1101 of the Act (as in effect on the day before December 4, 2018), means section 1101 of the Act, which was classified to section 4711 of Title 16, prior to repeal by Puspan. L. 115–282, title IX, § 903(a)(2)(A)(i), Dec. 4, 2018, 132 Stat. 4354. For complete classification of this Act to the Code, see Short Title note set out under section 4701 of Title 16 and Tables.

Section 1414 of the Consolidated Appropriations Act, 2001 (Public Law 106–554; 114 Stat. 2763A–323), referred to in subsec. (p)(9)(A)(v), probably means section 1414 of title XIV of div. B of H.R. 5666 of the 106th Congress, as enacted into law by section 1(a)(4) of Puspan. L. 106–554, Dec. 21, 2000, 114 Stat. 2763, 2763A–322, which is set out in a note under section 1901 of this title.

The Act to Prevent Pollution from Ships, referred to in subsec. (p)(9)(B)(iii), is Puspan. L. 96–478, Oct. 21, 1980, 94 Stat. 2297, which is classified principally to chapter 33 (§ 1901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables.

The Coast Guard Authorization Act of 2010, referred to in subsec. (p)(9)(B)(iv), is Puspan. L. 111–281, Oct. 15, 2010, 124 Stat. 2905. Title X of the Act is classified principally to chapter 51 (§ 3801 et seq.) of this title. For complete classification of this Act to the Code, see Tables.

Amendments

2018—Puspan. L. 115–282, § 903(span)(1), substituted “Marine sanitation devices; discharges incidental to the normal operation of vessels” for “Marine sanitation devices” in section catchline.

Subsec. (a). Puspan. L. 115–282, § 903(span)(1), inserted span and substituted “In” for “For the purpose of” in introductory provisions.

Subsec. (a)(7). Puspan. L. 115–282, § 903(span)(2)(A), substituted “devices, marine pollution control device equipment, or vessels” for “devices or of vessels”.

Subsec. (a)(13). Puspan. L. 115–282, § 903(span)(2)(B), inserted “, except as provided in subsection (p),” after “means” in introductory provisions.

Subsec. (g)(1). Puspan. L. 115–282, § 903(span)(3)(A), (B), inserted “or marine pollution control device equipment” after “marine sanitation device” in two places and “or equipment” after “such device” and “test device”.

Subsec. (g)(2). Puspan. L. 115–282, § 903(span)(3)(A), (C), inserted “or marine pollution control device equipment” after “marine sanitation device” and “or equipment” after “the device”, “Any device”, and “certified test device” wherever appearing.

Subsec. (h). Puspan. L. 115–282, § 903(span)(4)(D), inserted span.

Subsec. (h)(1). Puspan. L. 115–282, § 903(span)(4)(C), (D), designated existing provisions as par. (1), inserted span, substituted “Subject to paragraph (2), after” for “After”, redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively, of par. (1), and realigned margins.

Puspan. L. 115–282, § 903(span)(4)(A), inserted “and marine pollution control device equipment” after “marine sanitation device”.

Subsec. (h)(2). Puspan. L. 115–282, § 903(span)(4)(E), added par. (2). Former par. (2) redesignated subpar. (B) of subsec. (h)(1).

Puspan. L. 115–282, § 903(span)(4)(B), inserted “or any certified marine pollution control device equipment or element of design of such equipment” after “such device”.

Subsec. (h)(3), (4). Puspan. L. 115–282, § 903(span)(4)(C), redesignated pars. (3) and (4) as subpars. (C) and (D), respectively, of subsec. (h)(1).

Subsec. (k). Puspan. L. 115–282, § 903(c), designated first sentence of existing provisions as par. (2)(A), substituted “This” for “The provisions of this” and “operating, who may use, by agreement” for “operating and he may utilize by agreement” in par. (2)(A) as redesignated, inserted headings for subsec. (k), par. (2), and par. (2)(A), added pars. (1), (2)(B), (2)(C), and (3), and struck out former second sentence which read as follows: “The provisions of this section may also be enforced by a State.”

Subsec. (p). Puspan. L. 115–282, § 903(a)(1), added subsec. (p).

2008—Subsec. (o). Puspan. L. 110–288 added subsec. (o).

1996—Subsec. (a)(8). Puspan. L. 104–106, § 325(c)(1)(A), substituted “corporation, association, or agency of the United States,” for “corporation, or association,”.

Subsec. (a)(12) to (14). Puspan. L. 104–106, § 325(c)(1)(B), (C), added pars. (12) to (14).

Subsec. (j). Puspan. L. 104–106, § 325(c)(2), substituted “subsection (g)(1), clause (1) or (2) of subsection (h), or subsection (n)(8) shall be liable” for “subsection (g)(1) of this section or clause (1) or (2) of subsection (h) of this section shall be liable”.

Subsec. (n). Puspan. L. 104–106, § 325(span), added subsec. (n).

1987—Subsec. (f)(1). Puspan. L. 100–4, § 311(a), designated existing provision as subpar. (A), substituted “Except as provided in subparagraph (B), after” for “After”, and added subpar. (B).

Subsec. (k). Puspan. L. 100–4, § 311(span), inserted at end “The provisions of this section may also be enforced by a State.”

1977—Subsec. (a)(6). Puspan. L. 95–217, § 59(a), inserted “except that, with respect to commercial vessels on the Great Lakes, such term shall include graywater” after “receive or retain body wastes”.

Subsec. (a)(10), (11). Puspan. L. 95–217, § 59(span), added pars. (10) and (11).

Subsec. (span)(1). Puspan. L. 95–217, § 59(c), inserted references to standards established under subsec. (c)(1)(B) of this section and to standards promulgated under subsec. (c) of this section.

Subsec. (c)(1). Puspan. L. 95–217, § 59(d), designated existing provisions as subpar. (A) and added subpar. (B).

Subsec. (f)(4). Puspan. L. 95–217, § 59(e), designated existing provisions as subpar. (A) and added subpar. (B).

Statutory Notes and Related Subsidiaries

Change of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsec. (e) pursuant to section 509(span) of Puspan. L. 96–88, which is classified to section 3508(span) of Title 20, Education.

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(span), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Termination of United States District Court for the District of the Canal Zone

For termination of the United States District Court for the District of the Canal Zone at end of the “transition period”, being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of Puspan. L. 96–70, title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse.

Purposes of 2018 Amendment; Findings

Puspan. L. 115–282, title IX, § 902, Dec. 4, 2018, 132 Stat. 4322, provided that:

“(a)Purposes.—The purposes of this title [see Short Title of 2018 Amendment note set out under section 1251 of this title] are—

“(1) to provide for the establishment of uniform, environmentally sound standards and requirements for the management of discharges incidental to the normal operation of a vessel;

“(2) to charge the Environmental Protection Agency with primary responsibility for establishing standards relating to the discharge of pollutants from vessels;

“(3) to charge the Coast Guard with primary responsibility for prescribing, administering, and enforcing regulations, consistent with the discharge standards established by the Environmental Protection Agency, for the design, construction, installation, and operation of the equipment and management practices required onboard vessels; and

“(4) to preserve the flexibility of States, political subdivisions, and certain regions with respect to the administration and enforcement of standards relating to the discharge of pollutants from vessels engaged in maritime commerce and transportation.

“(span)Findings.—Congress finds that—

“(1) the Environmental Protection Agency is the principal Federal authority charged under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) with regulating through the issuance of permits for the discharge of pollutants into the navigable waters of the United States;

“(2) the Coast Guard is the principal Federal authority charged with administering, enforcing, and prescribing regulations relating to the discharge of pollutants from vessels; and

“(3) during the period of 1973 to 2010—

“(A) the Environmental Protection Agency promulgated regulations exempting certain discharges incidental to the normal operation of vessels from otherwise applicable permitting requirements of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and

“(B) Congress enacted laws on numerous occasions governing the regulation of discharges incidental to the normal operation of vessels, including—

“(i) the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.);

“(ii) the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.);

“(iii) the National Invasive Species Act of 1996 (16 U.S.C. 4701 note; Public Law 104–332) [see Short Title of 1996 Amendment note set out under section 4701 of this title];

“(iv) section 415 of the Coast Guard Authorization Act of 1998 (Public Law 105–383; 112 Stat. 3434) and section 623 of the Coast Guard and Maritime Transportation Act of 2004 (33 U.S.C. 1901 note; Public Law 108–293), which established interim and permanent requirements, respectively, for the regulation of vessel discharges of certain bulk cargo residue;

“(v) title XIV of division B of Appendix D of the Consolidated Appropriations Act, 2001 (Public Law 106–554; 114 Stat. 2763A–315) [33 U.S.C. 1901 note], which prohibited or limited certain vessel discharges in certain areas of Alaska;

“(vi) section 204 of the Maritime Transportation Security Act of 2002 ([former] 33 U.S.C. 1902a), which established requirements for the regulation of vessel discharges of agricultural cargo residue material in the form of hold washings; and

“(vii) title X of the Coast Guard Authorization Act of 2010 (33 U.S.C. 3801 et seq.), which provided for the implementation of the International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001.”

Purpose of 1996 Amendment

Puspan. L. 104–106, div. A, title III, § 325(a), Fespan. 10, 1996, 110 Stat. 254, provided that: “The purposes of this section [amending this section and section 1362 of this title and enacting provisions set out as a note below] are to—

“(1) enhance the operational flexibility of vessels of the Armed Forces domestically and internationally;

“(2) stimulate the development of innovative vessel pollution control technology; and

“(3) advance the development by the United States Navy of environmentally sound ships.”

Cooperation in National Discharge Standards Development

Puspan. L. 104–106, div. A, title III, § 325(d), Fespan. 10, 1996, 110 Stat. 259, provided that: “The Administrator of the Environmental Protection Agency and the Secretary of Defense may, by mutual agreement, with or without reimbursement, provide for the use of information, reports, personnel, or other resources of the Environmental Protection Agency or the Department of Defense to carry out section 312(n) of the Federal Water Pollution Control Act [33 U.S.C. 1322(n)] (as added by subsection (span)), including the use of the resources—

“(1) to determine—

“(A) the nature and environmental effect of discharges incidental to the normal operation of a vessel of the Armed Forces;

“(B) the practicability of using marine pollution control devices on vessels of the Armed Forces; and

“(C) the effect that installation or use of marine pollution control devices on vessels of the Armed Forces would have on the operation or operational capability of the vessels; and

“(2) to establish performance standards for marine pollution control devices on vessels of the Armed Forces.”

Clean Vessels

Puspan. L. 102–587, title V, subtitle F, Nov. 4, 1992, 106 Stat. 5086, as amended by Puspan. L. 109–59, title X, § 10131, Aug. 10, 2005, 119 Stat. 1931, provided that:

“SEC. 5601. SHORT TITLE.

“This subtitle may be cited as the ‘Clean Vessel Act of 1992’.

“SEC. 5602. FINDINGS; PURPOSE.

“(a)Findings.—The Congress finds the following:

“(1) The discharge of untreated sewage by vessels is prohibited under Federal law in all areas within the navigable waters of the United States.

“(2) The discharge of treated sewage by vessels is prohibited under either Federal or State law in many of the United States bodies of water where recreational boaters operate.

“(3) There is currently an inadequate number of pumpout stations for type III marine sanitation devices where recreational vessels normally operate.

“(4) Sewage discharged by recreational vessels because of an inadequate number of pumpout stations is a substantial contributor to localized degradation of water quality in the United States.

“(span)Purpose.—The purpose of this subtitle is to provide funds to States for the construction, renovation, operation, and maintenance of pumpout stations and waste reception facilities.

“SEC. 5603. DETERMINATION AND PLAN REGARDING STATE MARINE SANITATION DEVICE PUMPOUT STATION NEEDS.

“(a)Survey.—Within 3 months after the notification under section 5605(span), each coastal State shall conduct a survey to determine—

“(1) the number and location of all operational pumpout stations and waste reception facilities at public and private marinas, mooring areas, docks, and other boating access facilities within the coastal zone of the State; and

“(2) the number of recreational vessels in the coastal waters of the State with type III marine sanitation devices or portable toilets, and the areas of those coastal waters where those vessels congregate.

“(span)Plan.—Within 6 months after the notification under section 5605(span), and based on the survey conducted under subsection (a), each coastal State shall—

“(1) develop and submit to the Secretary of the Interior a plan for any construction or renovation of pumpout stations and waste reception facilities that are necessary to ensure that, based on the guidance issued under section 5605(a), there are pumpout stations and waste reception facilities in the State that are adequate and reasonably available to meet the needs of recreational vessels using the coastal waters of the State; and

“(2) submit to the Secretary of the Interior with that plan a list of all stations and facilities in the coastal zone of the State which are operational on the date of submittal.

“(c)Plan Approval.—

“(1)In general.—Not later than 60 days after a plan is submitted by a State under subsection (span), the Secretary of the Interior shall approve or disapprove the plan, based on—

“(A) the adequacy of the survey conducted by the State under subsection (a); and

“(B) the ability of the plan, based on the guidance issued under section 5605(a), to meet the construction and renovation needs of the recreational vessels identified in the survey.

“(2)Notification of state; modification.—The Secretary of the Interior shall promptly notify the affected Governor of the approval or disapproval of a plan. If a plan is disapproved, the Secretary of the Interior shall recommend necessary modifications and return the plan to the affected Governor.

“(3)Resubmittal.—

Executive Documents

Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

Contiguous Zone of United States

For extension of contiguous zone of United States, see Proc. No. 7219, set out as a note under section 1331 of Title 43, Public Lands.