---
kind: "range"
citation: "33 U.S.C. §§ 1401–1445"
title: "33"
from: "1401"
to: "1445"
count: 22
release: "119-102"
url: "https://uscodex.org/usc/33/1401..1445"
---

# §1401. Congressional finding, policy, and declaration of purpose

- (a) **Dangers of unregulated dumping—** Unregulated [dumping](/usc/33/1402.md?p=f) of [material](/usc/33/1402.md?p=c) into [ocean waters](/usc/33/1402.md?p=b) endangers human health, welfare, and amenities, and the marine environment, ecological [systems](/usc/33/3602.md?p=8), and economic potentialities.
- (b) **Policy of regulation and prevention or limitation—** The Congress declares that it is the policy of the [United States](/usc/33/1402.md?p=d) to regulate the [dumping](/usc/33/1402.md?p=f) of all types of [materials](/usc/33/1402.md?p=c) into [ocean waters](/usc/33/1402.md?p=b) and to prevent or strictly limit the [dumping](/usc/33/1402.md?p=f) into [ocean waters](/usc/33/1402.md?p=b) of any [material](/usc/33/1402.md?p=c) which would adversely affect human health, welfare, or amenities, or the marine environment, ecological [systems](/usc/33/3602.md?p=8), or economic potentialities.
- (c) **Regulation of dumping and transportation for dumping purposes—** It is the purpose of this Act to regulate (1) the transportation by any [person](/usc/33/1402.md?p=e) of [material](/usc/33/1402.md?p=c) from the [United States](/usc/33/1402.md?p=d) and, in the case of [United States](/usc/33/1402.md?p=d) vessels, aircraft, or agencies, the transportation of [material](/usc/33/1402.md?p=c) from a location outside the [United States](/usc/33/1402.md?p=d), when in either case the transportation is for the purpose of [dumping](/usc/33/1402.md?p=f) the [material](/usc/33/1402.md?p=c) into [ocean waters](/usc/33/1402.md?p=b), and (2) the [dumping](/usc/33/1402.md?p=f) of [material](/usc/33/1402.md?p=c) transported by any [person](/usc/33/1402.md?p=e) from a location outside the [United States](/usc/33/1402.md?p=d), if the [dumping](/usc/33/1402.md?p=f) occurs in the territorial sea or the contiguous zone of the [United States](/usc/33/1402.md?p=d).

# §1402. Definitions


For the purposes of this Act the term—

- (a) “Administrator” means the Administrator of the Environmental Protection Agency.
- (b) “Ocean waters” means those waters of the open seas lying seaward of the base line from which the territorial sea is measured, as provided for in the [Convention](#m) on the Territorial Sea and the Contiguous Zone (15 UST 1606; TIAS 5639).
- (c) “Material” means matter of any kind or description, including, but not limited to, [dredged material](#i), solid waste, incinerator residue, garbage, sewage, sewage sludge, munitions, radiological, chemical, and biological warfare agents, radioactive materials, chemicals, biological and laboratory waste, wreck or discarded equipment, rock, sand, excavation debris, and industrial, municipal, agricultural, and other waste; but such term does not mean sewage from vessels within the meaning of [section 1322 of this title](/usc/33/1322.md). Oil within the meaning of [section 1321 of this title](/usc/33/1321.md) shall be included only to the extent that such oil is taken on [board](/usc/33/467.md?p=2) a vessel or aircraft for the purpose of [dumping](#f).
- (d) “United States” includes the several [States](/usc/33/701h.md), the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, the territories and possessions of the United States, and the Trust Territory of the Pacific Islands.
- (e) “Person” means any private person or entity, or any officer, employee, agent, department, agency, or instrumentality of the Federal Government, of any State or local unit of government, or of any foreign government.
- (f) “Dumping” means a disposition of [material](#c): Provided, That it does not mean a disposition of any effluent from any outfall structure to the extent that such disposition is regulated under the provisions of the Federal Water Pollution Control Act, as amended [[33 U.S.C. 1251](/usc/33/1251.md) et seq.], under the provisions of [section 407 of this title](/usc/33/407.md), or under the provisions of the Atomic Energy Act of 1954, as amended [[42 U.S.C. 2011](/usc/42/2011.md) et seq.], nor does it mean a routine discharge of effluent incidental to the propulsion of, or operation of motor-driven equipment on, vessels: Provided, further, That it does not mean the [construction](/usc/33/426e.md?p=c) of any fixed structure or artificial island nor the intentional placement of any device in [ocean waters](#b) or on or in the submerged land beneath such waters, for a purpose other than disposal, when such [construction](/usc/33/426e.md?p=c) or such placement is otherwise regulated by Federal or State law or occurs pursuant to an authorized Federal or State [program](/usc/33/467.md?p=11): And provided further, That it does not include the deposit of oyster shells, or other [materials](#c) when such deposit is made for the purpose of developing, maintaining, or harvesting fisheries resources and is otherwise regulated by Federal or State law or occurs pursuant to an authorized Federal or State [program](/usc/33/467.md?p=11).
- (g) “District court of the United States” includes the District Court of Guam, the District Court of the Virgin Islands, the District Court of Puerto Rico, the District Court of the Canal Zone, and in the case of American Samoa and the Trust Territory of the Pacific Islands, the District Court of the United States for the District of Hawaii, which court shall have jurisdiction over actions arising therein.
- (h) “Secretary” means the Secretary of the Army.
- (i) “Dredged material” means any [material](#c) excavated or dredged from the navigable waters of the [United States](#d).
- (j) “High-level radioactive waste” means the aqueous waste resulting from the operation of the first cycle solvent extraction [system](/usc/33/3602.md?p=8), or equivalent and the concentrated waste from subsequent extraction cycles, or equivalent, in a facility for reprocessing irradiated reactor fuels, or irradiated fuel from nuclear power reactors.
- (k) “Medical waste” means isolation wastes; infectious agents; human blood and blood products; pathological wastes; sharps; body parts; contaminated bedding; surgical wastes and potentially contaminated laboratory wastes; dialysis wastes; and such additional medical items as the [Administrator](#a) shall prescribe by regulation.
- (l) “Transport” or “transportation” refers to the carriage and related handling of any [material](#c) by a vessel, or by any other vehicle, including aircraft.
- (m) “Convention” means the Convention on the Prevention of Marine Pollution by [Dumping](#f) of Wastes and Other Matter.

# §1411. Prohibited acts

- (a) Except as may be authorized by a permit issued pursuant to [section 1412](/usc/33/1412.md) or [section 1413 of this title](/usc/33/1413.md), and subject to regulations issued pursuant to [section 1418 of this title](/usc/33/1418.md),
  - (1) no [person](/usc/33/1402.md?p=e) shall transport from the [United States](/usc/33/1402.md?p=d), and
  - (2) in the case of a vessel or aircraft registered in the [United States](/usc/33/1402.md?p=d) or flying the [United States](/usc/33/1402.md?p=d) flag or in the case of a [United States](/usc/33/1402.md?p=d) department, agency, or instrumentality, no [person](/usc/33/1402.md?p=e) shall transport from any location

  any [material](/usc/33/1402.md?p=c) for the purpose of [dumping](/usc/33/1402.md?p=f) it into [ocean waters](/usc/33/1402.md?p=b).

- (b) Except as may be authorized by a permit issued pursuant to [section 1412 of this title](/usc/33/1412.md), and subject to regulations issued pursuant to [section 1418 of this title](/usc/33/1418.md), no [person](/usc/33/1402.md?p=e) shall dump any [material](/usc/33/1402.md?p=c) transported from a location outside the [United States](/usc/33/1402.md?p=d) (1) into the territorial sea of the [United States](/usc/33/1402.md?p=d), or (2) into a zone contiguous to the territorial sea of the [United States](/usc/33/1402.md?p=d), 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](/usc/33/1402.md?p=d).

# §1412. Dumping permit program

- (a) **Environmental Protection Agency permits—** Except in relation to [dredged material](/usc/33/1402.md?p=i), as provided for in [section 1413 of this title](/usc/33/1413.md), and in relation to radiological, chemical, and biological warfare agents, [high-level radioactive waste](/usc/33/1402.md?p=j), and [medical waste](/usc/33/1402.md?p=k), for which no permit may be issued, the [Administrator](/usc/33/1402.md?p=a) may issue permits, after notice and opportunity for public hearings, for the transportation from the [United States](/usc/33/1402.md?p=d) or, in the case of an agency or instrumentality of the [United States](/usc/33/1402.md?p=d), or in the case of a vessel or aircraft registered in the [United States](/usc/33/1402.md?p=d) or flying the [United States](/usc/33/1402.md?p=d) flag, for the transportation from a location outside the [United States](/usc/33/1402.md?p=d), of [material](/usc/33/1402.md?p=c) for the purpose of [dumping](/usc/33/1402.md?p=f) it into [ocean waters](/usc/33/1402.md?p=b), or for the [dumping](/usc/33/1402.md?p=f) of [material](/usc/33/1402.md?p=c) into the waters described in [section 1411(b) of this title](/usc/33/1411.md?p=b), where the [Administrator](/usc/33/1402.md?p=a) determines that such [dumping](/usc/33/1402.md?p=f) will not unreasonably degrade or endanger human health, welfare, or amenities, or the marine environment, ecological [systems](/usc/33/3602.md?p=8), or economic potentialities. The [Administrator](/usc/33/1402.md?p=a) 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](/usc/33/1402.md?p=f).
  - (B) The effect of such [dumping](/usc/33/1402.md?p=f) on human health and welfare, including economic, esthetic, and recreational values.
  - (C) The effect of such [dumping](/usc/33/1402.md?p=f) on fisheries resources, plankton, fish, shellfish, wildlife, [shore](/usc/33/426h–1.md?p=4) lines and beaches.
  - (D) The effect of such [dumping](/usc/33/1402.md?p=f) on marine ecosystems, particularly with respect to—
    - (i) the transfer, concentration, and dispersion of such [material](/usc/33/1402.md?p=c) 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](/usc/33/1402.md?p=f).
  - (F) The effect of [dumping](/usc/33/1402.md?p=f) particular volumes and concentrations of such [materials](/usc/33/1402.md?p=c).
  - (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](/usc/33/1402.md?p=a) shall utilize wherever feasible locations beyond the edge of the Continental Shelf.

  In establishing or revising such criteria, the [Administrator](/usc/33/1402.md?p=a) shall consult with Federal, State, and local officials, and interested members of the general public, as may appear appropriate to the [Administrator](/usc/33/1402.md?p=a). With respect to such criteria as may affect the civil works [program](/usc/33/467.md?p=11) of the Department of the Army, the [Administrator](/usc/33/1402.md?p=a) shall also consult with the [Secretary](/usc/33/1402.md?p=h). In reviewing applications for permits, the [Administrator](/usc/33/1402.md?p=a) 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](/usc/33/1402.md?p=f) of [material](/usc/33/1402.md?p=c) which will violate applicable water quality standards. To the extent that he may do so without relaxing the requirements of this subchapter, the [Administrator](/usc/33/1402.md?p=a), in establishing or revising such criteria, shall apply the standards and criteria binding upon the [United States](/usc/33/1402.md?p=d) under the [Convention](/usc/33/1402.md?p=m), including its Annexes.

- (b) **Permit categories—** The [Administrator](/usc/33/1402.md?p=a) may establish and issue various categories of permits, including the general permits described in [section 1414(c) of this title](/usc/33/1414.md?p=c).
- (c) **Designation of sites—**
  - (1) **In general—** The [Administrator](/usc/33/1402.md?p=a) shall, in a manner consistent with the criteria established pursuant to [subsection (a)](#a), designate sites or time periods for [dumping](/usc/33/1402.md?p=f). The [Administrator](/usc/33/1402.md?p=a) shall designate sites or time periods for [dumping](/usc/33/1402.md?p=f) that will mitigate adverse impact on the environment to the greatest extent practicable.
  - (2) **Prohibitions regarding site or time period—** In any case where the [Administrator](/usc/33/1402.md?p=a) determines that, with respect to certain [materials](/usc/33/1402.md?p=c), it is necessary to prohibit [dumping](/usc/33/1402.md?p=f) at a site or during a time period, the [Administrator](/usc/33/1402.md?p=a) shall prohibit the [dumping](/usc/33/1402.md?p=f) of such [materials](/usc/33/1402.md?p=c) in such site or during such time period. This prohibition shall apply to any [dumping](/usc/33/1402.md?p=f) at the site or during such time period. This prohibition shall apply to any [dumping](/usc/33/1402.md?p=f) at the site or during the time period, including any [dumping](/usc/33/1402.md?p=f) under [section 1413(e) of this title](/usc/33/1413.md?p=e).
  - (3) **Dredged material disposal sites—** In the case of [dredged material](/usc/33/1402.md?p=i) disposal sites, the [Administrator](/usc/33/1402.md?p=a), in conjunction with the [Secretary](/usc/33/1402.md?p=h), shall develop a site management plan for each site designated pursuant to this section. In developing such plans, the [Administrator](/usc/33/1402.md?p=a) and the [Secretary](/usc/33/1402.md?p=h) 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](/usc/33/467.md?p=11) 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](/usc/33/1402.md?p=c) to be disposed of at the site, and the presence, nature, and bioavailability of the contaminants in the [material](/usc/33/1402.md?p=c);
    - (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—** After January 1, 1995, no site shall receive a final designation unless a management plan has been developed pursuant to this section. Beginning on January 1, 1997, no permit for [dumping](/usc/33/1402.md?p=f) pursuant to this Act or authorization for [dumping](/usc/33/1402.md?p=f) under [section 1413(e) of this title](/usc/33/1413.md?p=e) shall be issued for a site (other than the site located off the coast of Newport Beach, California, which is known as “LA–3”) unless such site has received a final designation pursuant to this subsection or an alternative site has been selected pursuant to [section 1413(b) of this title](/usc/33/1413.md?p=b). Beginning January 1, 2011, no permit for [dumping](/usc/33/1402.md?p=f) pursuant to this Act or authorization for [dumping](/usc/33/1402.md?p=f) under [section 1413(e) of this title](/usc/33/1413.md?p=e) shall be issued for the site located off the coast of Newport Beach, California, which is known as “LA–3”, unless such site has received a final designation pursuant to this subsection or an alternative site has been selected pursuant to [section 1413(b) of this title](/usc/33/1413.md?p=b).
  - (5) **Management plans for previously designated sites—** The [Administrator](/usc/33/1402.md?p=a) shall develop a site management plan for any site designated prior to January 1, 1995, as expeditiously as practicable, but not later than January 1, 1997, giving priority consideration to management plans for designated sites that are considered to have the greatest impact on the environment.
- (d) **Fish wastes—** No permit is required under this subchapter for the transportation for [dumping](/usc/33/1402.md?p=f) or the [dumping](/usc/33/1402.md?p=f) of fish wastes, except when deposited in harbors or other protected or enclosed coastal waters, or where the [Administrator](/usc/33/1402.md?p=a) finds that such deposits could endanger health, the environment, or ecological [systems](/usc/33/3602.md?p=8) in a specific location. Where the [Administrator](/usc/33/1402.md?p=a) makes such a finding, such [material](/usc/33/1402.md?p=c) may be deposited only as authorized by a permit issued by the [Administrator](/usc/33/1402.md?p=a) under this section.
- (e) **Foreign State permits; acceptance—** In the case of transportation of [material](/usc/33/1402.md?p=c), by an agency or instrumentality of the [United States](/usc/33/1402.md?p=d) or by a vessel or aircraft registered in the [United States](/usc/33/1402.md?p=d) or flying the [United States](/usc/33/1402.md?p=d) flag, from a location in a foreign State Party to the [Convention](/usc/33/1402.md?p=m), a permit issued pursuant to the authority of that foreign State Party, in accordance with [Convention](/usc/33/1402.md?p=m) requirements, and which otherwise could have been issued pursuant to [subsection (a)](#a) of this section, shall be accepted, for the purposes of this subchapter, as if it were issued by the [Administrator](/usc/33/1402.md?p=a) under the authority of this section: Provided, That in the case of an agency or instrumentality of the [United States](/usc/33/1402.md?p=d), no application shall be made for a permit to be issued pursuant to the authority of a foreign State Party to the [Convention](/usc/33/1402.md?p=m) unless the [Administrator](/usc/33/1402.md?p=a) concurs in the filing of such application.

# §1412a. Emergency dumping of industrial waste

- (a) **Issuance of emergency permits—** Notwithstanding section 104B of the Marine Protection, Research, and Sanctuaries Act of 1972 [[33 U.S.C. 1414b](/usc/33/1414b.md)], after December 31, 1981, the [Administrator](/usc/33/1402.md?p=a) may issue emergency permits under title I of such Act [[33 U.S.C. 1411](/usc/33/1411.md) et seq.] for the [dumping](/usc/33/1402.md?p=f) of [industrial waste](#b) into [ocean waters](/usc/33/1402.md?p=b), or into waters described in such section 101(b) [[33 U.S.C. 1411(b)](/usc/33/1411.md?p=b)], if the [Administrator](/usc/33/1402.md?p=a) determines that there has been demonstrated to exist an emergency, requiring the [dumping](/usc/33/1402.md?p=f) of such waste, which poses an unacceptable risk relating to human health and admits of no other feasible solution. As used herein, “emergency” refers to situations requiring action with a marked degree of urgency.
- (b) **“Industrial waste” defined—** For purposes of this section, the term “industrial waste” means any solid, semisolid, or liquid waste generated by a manufacturing or processing plant.

# §1413. Dumping permit program for dredged mate­rial

- (a) **Issuance by Secretary of the Army—** Subject to the provisions of subsections [(b)](#b), [(c)](#c), and [(d)](#d) of this section, the [Secretary](/usc/33/1402.md?p=h) may issue permits, after notice and opportunity for public hearings, for the transportation of [dredged material](/usc/33/1402.md?p=i) for the purpose of [dumping](/usc/33/1402.md?p=f) it into [ocean waters](/usc/33/1402.md?p=b), where the [Secretary](/usc/33/1402.md?p=h) determines that the [dumping](/usc/33/1402.md?p=f) will not unreasonably degrade or endanger human health, welfare, or amenities, or the marine environment, ecological [systems](/usc/33/3602.md?p=8), or economic potentialities.
- (b) **Independent determination of need for dumping, other methods of disposal, and appropriate locations; alternative sites—** In making the determination required by [subsection (a)](#a), the [Secretary](/usc/33/1402.md?p=h) shall apply those criteria, established pursuant to [section 1412(a) of this title](/usc/33/1412.md?p=a), relating to the effects of the [dumping](/usc/33/1402.md?p=f). 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](/usc/33/1402.md?p=d), the [Secretary](/usc/33/1402.md?p=h) shall make an independent determination as to the need for the [dumping](/usc/33/1402.md?p=f). The [Secretary](/usc/33/1402.md?p=h) shall also make an independent determination as to other possible methods of disposal and as to appropriate locations for the [dumping](/usc/33/1402.md?p=f). In considering appropriate locations, he shall, to the maximum extent feasible, utilize the recommended sites designated by the [Administrator](/usc/33/1402.md?p=a) pursuant to [section 1412(c) of this title](/usc/33/1412.md?p=c). In any case in which the use of a designated site is not feasible, the [Secretary](/usc/33/1402.md?p=h) may, with the concurrence of the [Administrator](/usc/33/1402.md?p=a), select an alternative site. The criteria and factors established in [section 1412(a) of this title](/usc/33/1412.md?p=a) 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](/usc/33/1412.md?p=c). 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](/usc/33/1412.md?p=c); 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](/usc/33/1402.md?p=a);
  - (2) the continued use of the alternative site is necessary to maintain navigation and facilitate interstate or international commerce; and
  - (3) the [Administrator](/usc/33/1402.md?p=a) 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—** Prior to issuing a permit to any [person](/usc/33/1402.md?p=e) under this section, the [Secretary](/usc/33/1402.md?p=h) shall first notify the [Administrator](/usc/33/1402.md?p=a) of the [Secretary](/usc/33/1402.md?p=h)’s intention to do so and provide necessary and appropriate information concerning the permit to the [Administrator](/usc/33/1402.md?p=a). Within 30 days of receiving such information, the [Administrator](/usc/33/1402.md?p=a) shall review the information and request any additional information the [Administrator](/usc/33/1402.md?p=a) deems necessary to evaluate the proposed permit.
  - (2) **Concurrence by Administrator—** Within 45 days after receiving from the [Secretary](/usc/33/1402.md?p=h) all information the [Administrator](/usc/33/1402.md?p=a) considers to be necessary to evaluate the proposed permit, the [Administrator](/usc/33/1402.md?p=a) shall, in writing, concur with (either entirely or with conditions) or decline to concur with the determination of the [Secretary](/usc/33/1402.md?p=h) as to compliance with the criteria, conditions, and restrictions established pursuant to sections [1412(a)](/usc/33/1412.md?p=a) and [1412(c)](/usc/33/1412.md?p=c) of this title relating to the environmental impact of the permit. The [Administrator](/usc/33/1402.md?p=a) may request one 45-day extension in writing and the [Secretary](/usc/33/1402.md?p=h) shall grant such request on receipt of the request.
  - (3) **Effect of concurrence—** In any case where the [Administrator](/usc/33/1402.md?p=a) makes a determination to concur (with or without conditions) or to decline to concur within the time period specified in [paragraph (2)](#c-2) the determination shall prevail. If the [Administrator](/usc/33/1402.md?p=a) declines to concur in the determination of the [Secretary](/usc/33/1402.md?p=h) no permit shall be issued. If the [Administrator](/usc/33/1402.md?p=a) concurs with conditions the permit shall include such conditions. The [Administrator](/usc/33/1402.md?p=a) shall state in writing the reasons for declining to concur or for the conditions of the concurrence.
  - (4) **Failure to act—** If no written documentation is made by the [Administrator](/usc/33/1402.md?p=a) within the time period provided for in [paragraph (2)](#c-2), the [Secretary](/usc/33/1402.md?p=h) may issue the permit.
  - (5) **Compliance with criteria and restrictions—** Unless the [Administrator](/usc/33/1402.md?p=a) grants a waiver pursuant to [subsection (d)](#d), any permit issued by the [Secretary](/usc/33/1402.md?p=h) shall require compliance with such criteria and restrictions.
- (d) **Waiver of requirements—** If, in any case, the [Secretary](/usc/33/1402.md?p=h) finds that, in the disposition of [dredged material](/usc/33/1402.md?p=i), there is no economically feasible method or site available other than a [dumping](/usc/33/1402.md?p=f) site the utilization of which would result in non-compliance with the criteria established pursuant to [section 1412(a) of this title](/usc/33/1412.md?p=a) relating to the effects of [dumping](/usc/33/1402.md?p=f) or with the restrictions established pursuant to [section 1412(c) of this title](/usc/33/1412.md?p=c) relating to critical areas, he shall so certify and request a waiver from the [Administrator](/usc/33/1402.md?p=a) of the specific requirements involved. Within thirty days of the receipt of the waiver request, unless the [Administrator](/usc/33/1402.md?p=a) finds that the [dumping](/usc/33/1402.md?p=f) of the [material](/usc/33/1402.md?p=c) will result in an unacceptably adverse impact on municipal water supplies, shell-fish beds, wildlife, fisheries (including spawning and breeding areas), or recreational areas, he shall grant the waiver.
- (e) **Federal projects involving dredged material—** In connection with Federal projects involving [dredged material](/usc/33/1402.md?p=i), the [Secretary](/usc/33/1402.md?p=h) may, in lieu of the permit procedure, issue regulations which will require the application to such projects of the same criteria, other factors to be evaluated, the same procedures, and the same requirements which apply to the issuance of permits under subsections [(a)](#a), [(b)](#b), [(c)](#c), and [(d)](#d) of this section and section [1414(a)](/usc/33/1414.md?p=a) and [(d)](/usc/33/1414.md?p=d) of this title.

# §1414. Permit conditions

- (a) **Designated and included conditions—** Permits issued under this subchapter shall designate and include (1) the type of [material](/usc/33/1402.md?p=c) authorized to be transported for [dumping](/usc/33/1402.md?p=f) or to be dumped; (2) the amount of [material](/usc/33/1402.md?p=c) authorized to be transported for [dumping](/usc/33/1402.md?p=f) or to be dumped; (3) the location where such transport for [dumping](/usc/33/1402.md?p=f) will be terminated or where such [dumping](/usc/33/1402.md?p=f) will occur; (4) such requirements, limitations, or conditions as are necessary to assure consistency with any site management plan approved pursuant to [section 1412(c) of this title](/usc/33/1412.md?p=c); (5) any special provisions deemed necessary by the [Administrator](/usc/33/1402.md?p=a) or the [Secretary](/usc/33/1402.md?p=h), as the case may be, after consultation with the [Secretary](/usc/33/1402.md?p=h) of the Department in which the Coast Guard is operating, for the monitoring and surveillance of the transportation or [dumping](/usc/33/1402.md?p=f); and (6) such other matters as the [Administrator](/usc/33/1402.md?p=a) or the [Secretary](/usc/33/1402.md?p=h), as the case may be, deems appropriate. Permits issued under this subchapter shall be issued for a period of not to exceed 7 years.
- (b) **Permit processing fees; reporting requirements—** The [Administrator](/usc/33/1402.md?p=a) or the [Secretary](/usc/33/1402.md?p=h), as the case may be, may prescribe such processing fees for permits and such reporting requirements for actions taken pursuant to permits issued by him under this subchapter as he deems appropriate.
- (c) **General permits—** Consistent with the requirements of sections [1412](/usc/33/1412.md) and [1413](/usc/33/1413.md) of this title, but in lieu of a requirement for specific permits in such case, the [Administrator](/usc/33/1402.md?p=a) or the [Secretary](/usc/33/1402.md?p=h), as the case may be, may issue general permits for the transportation for [dumping](/usc/33/1402.md?p=f), or [dumping](/usc/33/1402.md?p=f), or both, of specified [materials](/usc/33/1402.md?p=c) or classes of [materials](/usc/33/1402.md?p=c) for which he may issue permits, which he determines will have a minimal adverse environmental impact.
- (d) **Review—** Any permit issued under this subchapter shall be reviewed periodically and, if appropriate, revised. The [Administrator](/usc/33/1402.md?p=a) or the [Secretary](/usc/33/1402.md?p=h), as the case may be, may limit or deny the issuance of permits, or he may alter or revoke partially or entirely the terms of permits issued by him under this subchapter, for the transportation for [dumping](/usc/33/1402.md?p=f), or for the [dumping](/usc/33/1402.md?p=f), or both, of specified [materials](/usc/33/1402.md?p=c) or classes of [materials](/usc/33/1402.md?p=c), where he finds, based upon monitoring data from the dump site and surrounding area, that such [materials](/usc/33/1402.md?p=c) cannot be dumped consistently with the criteria and other factors required to be applied in evaluating the permit application. No action shall be taken under this subsection unless the affected [person](/usc/33/1402.md?p=e) or permittee shall have been given notice and opportunity for a hearing on such action as proposed.
- (e) **Information for review and evaluation of applications—** The [Administrator](/usc/33/1402.md?p=a) or the [Secretary](/usc/33/1402.md?p=h), as the case may be, shall require an applicant for a permit under this subchapter to provide such information as he may consider necessary to review and evaluate such application.
- (f) **Public information—** Information received by the [Administrator](/usc/33/1402.md?p=a) or the [Secretary](/usc/33/1402.md?p=h), as the case may be, as a part of any application or in connection with any permit granted under this subchapter shall be available to the public as a matter of public record, at every stage of the proceeding. The final determination of the [Administrator](/usc/33/1402.md?p=a) or the [Secretary](/usc/33/1402.md?p=h), as the case may be, shall be likewise available.
- (g) **Display of issued permits—** A copy of any permit issued under this subchapter shall be placed in a conspicuous place in the vessel which will be used for the transportation or [dumping](/usc/33/1402.md?p=f) authorized by such permit, and an additional copy shall be furnished by the issuing official to the [Secretary](/usc/33/1402.md?p=h) of the department in which the Coast Guard is operating, or its designee.
- (h) **Low-level radioactive waste; research purposes—** Notwithstanding 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](/usc/33/1402.md?p=f) of any low-level radioactive waste unless the [Administrator](/usc/33/1402.md?p=a) of the Environmental Protection Agency determines—
  - (1) that the proposed [dumping](/usc/33/1402.md?p=f) is necessary to conduct research—
    - (A) on new technology related to ocean [dumping](/usc/33/1402.md?p=f), or
    - (B) to determine the degree to which the [dumping](/usc/33/1402.md?p=f) of such substance will degrade the marine environment;
  - (2) that the scale of the proposed [dumping](/usc/33/1402.md?p=f) is limited to the smallest amount of such [material](/usc/33/1402.md?p=c) and the shortest duration of time that is necessary to fulfill the purposes of the research, such that the [dumping](/usc/33/1402.md?p=f) will have minimal adverse impact upon human health, welfare, and amenities, and the marine environment, ecological [systems](/usc/33/3602.md?p=8), economic potentialities, and other legitimate uses;
  - (3) after consultation with the [Secretary](/usc/33/1402.md?p=h) of Commerce, that the potential benefits of such research will outweigh any such adverse impact; and
  - (4) that the proposed [dumping](/usc/33/1402.md?p=f) 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](/usc/33/1402.md?p=a) determines to be necessary to minimize possible adverse impacts of such [dumping](/usc/33/1402.md?p=f).

- (i) **Radioactive Material Disposal Impact Assessment; Congressional approval—**
  - (1) Two years after January 6, 1983, the [Administrator](/usc/33/1402.md?p=a) may not issue a permit under this subchapter for the disposal of radioactive waste [material](/usc/33/1402.md?p=c) 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](/usc/33/1402.md?p=c) Disposal Impact Assessment which shall include—
    - (A) a listing of all radioactive [materials](/usc/33/1402.md?p=c) 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](/usc/33/1402.md?p=c) 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](/usc/33/1402.md?p=c), 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](/usc/33/1402.md?p=c) when initially deposited at the specific site;
    - (E) a plan for the removal or containment of the disposed nuclear [material](/usc/33/1402.md?p=c) 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](/usc/33/467.md?p=11);
    - (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](/usc/33/701h.md) 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](/usc/33/1402.md?p=a) may require; and
    - (K) such other information which the [Administrator](/usc/33/1402.md?p=a) may require in order to determine the full effects of such disposal.
  - (2) The [Administrator](/usc/33/1402.md?p=a) shall include, in any permit to which [paragraph (1)](#i-1) applies, such terms and conditions as may be necessary to ensure that the monitoring plan required under [paragraph (1)(J)](#i-1-J) is fully implemented, including the analysis by the [Administrator](/usc/33/1402.md?p=a) of the samples required to be taken under the plan.
  - (3) The [Administrator](/usc/33/1402.md?p=a) shall submit a copy of the assessment prepared under [paragraph (1)](#i-1) with respect to any permit to the [Committee](/usc/33/3301.md?p=3) on Merchant Marine and Fisheries of the House of Representatives and the [Committee](/usc/33/3301.md?p=3) on Environment and Public Works of the Senate.
  - (4)
    - (A) Upon a determination by the [Administrator](/usc/33/1402.md?p=a) that a permit to which this subsection applies should be issued, the [Administrator](/usc/33/1402.md?p=a) shall transmit such a recommendation to the House of Representatives and the Senate.
    - (B) No permit may be issued by the [Administrator](/usc/33/1402.md?p=a) under this Act for the disposal of radioactive [materials](/usc/33/1402.md?p=c) in the ocean unless the Congress, by approval of a [resolution](#i-4-D) 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](/usc/33/1402.md?p=a) to grant a permit to dispose of radioactive [material](/usc/33/1402.md?p=c) under this Act.
    - (C) For purposes of this subsection—
    - (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](/usc/33/1402.md?p=a) 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](/usc/33/1402.md?p=c) in the ocean as recommended by the [Administrator](/usc/33/1402.md?p=a) to the Congress on _____, 19_.”; the first blank space therein to be filled with the appropriate applicant to dispose of nuclear [material](/usc/33/1402.md?p=c) and the second blank therein to be filled with the date on which the [Administrator](/usc/33/1402.md?p=a) submits the recommendation to the House of Representatives and the Senate.

# §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](/usc/33/1402.md?p=b) 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](#a-1-A) at which the [dumping](/usc/33/1402.md?p=f) 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](#a-1-B).
  - (2) No [person](/usc/33/1402.md?p=e) may apply for a permit under this subchapter in relation to the [dumping](/usc/33/1402.md?p=f) of, or the transportation for purposes of [dumping](/usc/33/1402.md?p=f), municipal sludge within the [Apex](#a-1-A) unless that [person](/usc/33/1402.md?p=e) is an [eligible authority](#a-1-C).
  - (3) The [Administrator](/usc/33/1402.md?p=a) may not issue, or renew, any permit under this subchapter that authorizes the [dumping](/usc/33/1402.md?p=f) of, or the transportation for purposes of [dumping](/usc/33/1402.md?p=f), municipal sludge within the [Apex](#a-1-A) after the earlier of—
    - (A) December 15, 1987; or
    - (B) the day determined by the [Administrator](/usc/33/1402.md?p=a) to be the first day on which municipal sludge generated by [eligible authorities](#a-1-C) can reasonably be dumped at a site designated under [section 1412 of this title](/usc/33/1412.md) other than a site within the [Apex](#a-1-A).
- (b) **Restriction on use of 106-mile site—** The [Administrator](/usc/33/1402.md?p=a) may not issue or renew any permit under this subchapter which authorizes any [person](/usc/33/1402.md?p=e), other than a [person](/usc/33/1402.md?p=e) that is an eligible authority within the meaning of [subsection (a)(1)(C)](#a-1-C), to dump, or to transport for the purposes of [dumping](/usc/33/1402.md?p=f), municipal sludge within the site designated under [section 1412(c) of this title](/usc/33/1412.md?p=c) by the [Administrator](/usc/33/1402.md?p=a) and known as the “106-Mile Ocean Waste Dump Site” (as described in 49 F.R. 19005).

# §1414b. Ocean dumping of sewage sludge and industrial waste

- (a) **Termination of dumping—**
  - (1) **Prohibitions on dumping—** Notwithstanding any other provision of law—
    - (A) on and after the 270th day after November 18, 1988, no [person](/usc/33/1402.md?p=e) (including a [person](/usc/33/1402.md?p=e) described in [section 1414a(a)(1)(C) of this title](/usc/33/1414a.md?p=a-1-C)) shall dump into [ocean waters](/usc/33/1402.md?p=b), or transport for the purpose of [dumping](/usc/33/1402.md?p=f) into [ocean waters](/usc/33/1402.md?p=b), [sewage sludge](#k-6) or [industrial waste](#k-4), unless such [person](/usc/33/1402.md?p=e)—
      - (i) has entered into a compliance agreement or enforcement agreement which meets the requirements of subsection [(c)(2)](#c-2) or [(3)](#c-3), as applicable; and
      - (ii) has obtained a permit issued under [section 1412 of this title](/usc/33/1412.md) which authorizes such transportation and [dumping](/usc/33/1402.md?p=f); and
    - (B) after December 31, 1991, it shall be unlawful for any [person](/usc/33/1402.md?p=e) to dump into [ocean waters](/usc/33/1402.md?p=b), or to transport for the purposes of [dumping](/usc/33/1402.md?p=f) into [ocean waters](/usc/33/1402.md?p=b), [sewage sludge](#k-6) or [industrial waste](#k-4).
  - (2) **Prohibition on new entrants—** The [Administrator](/usc/33/1402.md?p=a) shall not issue any permit under this Act which authorizes a [person](/usc/33/1402.md?p=e) to dump into [ocean waters](/usc/33/1402.md?p=b), or to transport for the purposes of [dumping](/usc/33/1402.md?p=f) into [ocean waters](/usc/33/1402.md?p=b), [sewage sludge](#k-6) or [industrial waste](#k-4), unless that [person](/usc/33/1402.md?p=e) was authorized by a permit issued under [section 1412 of this title](/usc/33/1412.md) or by a court order to dump into [ocean waters](/usc/33/1402.md?p=b), or to transport for the purpose of [dumping](/usc/33/1402.md?p=f) into [ocean waters](/usc/33/1402.md?p=b), [sewage sludge](#k-6) or [industrial waste](#k-4) on September 1, 1988.
- (b) **Special dumping fees—**
  - (1) **In general—** Subject to [paragraph (4)](#b-4), any [person](/usc/33/1402.md?p=e) who dumps into [ocean waters](/usc/33/1402.md?p=b), or transports for the purpose of [dumping](/usc/33/1402.md?p=f) into [ocean waters](/usc/33/1402.md?p=b), [sewage sludge](#k-6) or [industrial waste](#k-4) shall be liable for a fee equal to—
    - (A) $100 for each dry ton (or equivalent) of [sewage sludge](#k-6) or [industrial waste](#k-4) transported or dumped by the [person](/usc/33/1402.md?p=e) 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](#k-6) or [industrial waste](#k-4) transported or dumped by the [person](/usc/33/1402.md?p=e) on or after January 1, 1990, and before January 1, 1991; and
    - (C) $200 for each dry ton (or equivalent) of [sewage sludge](#k-6) or [industrial waste](#k-4) transported or dumped by the [person](/usc/33/1402.md?p=e) on or after January 1, 1991, and before January 1, 1992.
  - (2) **Payment of fees—** Of the amount of fees under [paragraph (1)](#b-1) for which a [person](/usc/33/1402.md?p=e) is liable, such [person](/usc/33/1402.md?p=e)—
    - (A) shall pay into a trust account established by the [person](/usc/33/1402.md?p=e) in accordance with [subsection (e)](#e) a sum equal to 85 percent of such amount;
    - (B) shall pay to the [Administrator](/usc/33/1402.md?p=a) a sum equal to $15 per dry ton (or equivalent) of [sewage sludge](#k-6) and [industrial waste](#k-4) transported or dumped by such [person](/usc/33/1402.md?p=e), for use for agency activities as provided in [subsection (f)(1)](#f-1);
    - (C) subject to [paragraph (5)](#b-5), shall pay into the [Clean Oceans Fund](#k-2) established by the State in which the [person](/usc/33/1402.md?p=e) is located a sum equal to 50 percent of the balance of such amount after application of subparagraphs [(A)](#b-2-A) and [(B)](#b-2-B); and
    - (D) subject to [paragraph (5)](#b-5), shall pay to the State in which the [person](/usc/33/1402.md?p=e) is located a sum equal to the balance of such amount after application of subparagraphs [(A)](#b-2-A), [(B)](#b-2-B), and [(C)](#b-2-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](/usc/33/1381.md) et seq.], as provided in [subsection (f)(2)](#f-2).
  - (3) **Schedule for payment—** Fees under this subsection shall be paid on a quarterly basis.
  - (4) **Waiver of fees—**
    - (A) The [Administrator](/usc/33/1402.md?p=a) shall waive all fees under this subsection, other than the portion of fees required to be paid to the [Administrator](/usc/33/1402.md?p=a) under [paragraph (2)(B)](#b-2-B) for agency activities, for any [person](/usc/33/1402.md?p=e) who has entered into a compliance agreement which meets the requirements of [subsection (c)(2)](#c-2).
    - (B) The [Administrator](/usc/33/1402.md?p=a) shall reimpose fees under this subsection for a [person](/usc/33/1402.md?p=e) for whom such fees are waived under [subparagraph (A)](#b-4-A) if the [Administrator](/usc/33/1402.md?p=a) determines that—
      - (i) the [person](/usc/33/1402.md?p=e) has failed to comply with the terms of a compliance agreement which the [person](/usc/33/1402.md?p=e) entered into under [subsection (c)(2)](#c-2); and
      - (ii) such failure is likely to result in the [person](/usc/33/1402.md?p=e) not being able to terminate by December 31, 1991, [dumping](/usc/33/1402.md?p=f) of [sewage sludge](#k-6) or [industrial waste](#k-4) into [ocean waters](/usc/33/1402.md?p=b).
    - (C) The [Administrator](/usc/33/1402.md?p=a) may waive fees reimposed for a [person](/usc/33/1402.md?p=e) under [subparagraph (B)](#b-4-B) if the [Administrator](/usc/33/1402.md?p=a) determines that the [person](/usc/33/1402.md?p=e) has returned to compliance with a compliance agreement which the [person](/usc/33/1402.md?p=e) entered into under [subsection (c)(2)](#c-2).
  - (5) **Payments prior to establishment of account—**
    - (A) In any case in which a State has not established a [Clean Oceans Fund](#k-2) or a water pollution control revolving fund under title VI of the Federal Water Pollution Control Act [[33 U.S.C. 1381](/usc/33/1381.md) et seq.], fees required to be paid by a [person](/usc/33/1402.md?p=e) in that State under paragraph [(2)(C)](#b-2-C) or [(D)](#b-2-D), as applicable, shall be paid to the [Administrator](/usc/33/1402.md?p=a).
    - (B) Amounts paid to the [Administrator](/usc/33/1402.md?p=a) pursuant to this paragraph shall be held by the [Administrator](/usc/33/1402.md?p=a) in escrow until the establishment of the fund into which such amounts are required to be paid under [paragraph (2)](#b-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](/usc/33/1402.md?p=a) 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 general—** As a condition of issuing a permit under [section 1412 of this title](/usc/33/1412.md) which authorizes a [person](/usc/33/1402.md?p=e) to transport or dump [sewage sludge](#k-6) or [industrial waste](#k-4), the [Administrator](/usc/33/1402.md?p=a) shall require that, before the issuance of such permit, the [person](/usc/33/1402.md?p=e) and the State in which the [person](/usc/33/1402.md?p=e) is located enter into with the [Administrator](/usc/33/1402.md?p=a)—
    - (A) a compliance agreement which meets the requirements of [paragraph (2)](#c-2); or
    - (B) an enforcement agreement which meets the requirements of [paragraph (3)](#c-3).
  - (2) **Compliance agreements—** An agreement shall be a compliance agreement for purposes of this section only if—
    - (A) it includes a plan negotiated by the [person](/usc/33/1402.md?p=e), the State in which the [person](/usc/33/1402.md?p=e) is located, and the [Administrator](/usc/33/1402.md?p=a) that will, in the opinion of the [Administrator](/usc/33/1402.md?p=a), if adhered to by the [person](/usc/33/1402.md?p=e) in good faith, result in the phasing out and termination of ocean [dumping](/usc/33/1402.md?p=f), and transportation for the purpose of ocean [dumping](/usc/33/1402.md?p=f), of [sewage sludge](#k-6) and [industrial waste](#k-4) by such [person](/usc/33/1402.md?p=e) by not later than December 31, 1991, through the design, [construction](/usc/33/426e.md?p=c), and full implementation of an [alternative system](#k-1) for the management of [sewage sludge](#k-6) and [industrial waste](#k-4) transported or dumped by the [person](/usc/33/1402.md?p=e);
    - (B) it includes a schedule which—
      - (i) in the opinion of the [Administrator](/usc/33/1402.md?p=a), specifies reasonable dates by which the [person](/usc/33/1402.md?p=e) shall complete the various activities that are necessary for the timely implementation of the [alternative system](#k-1) referred to in [subparagraph (A)](#c-2-A); and
      - (ii) meets the requirements of [paragraph (4)](#c-4);
    - (C) it requires the [person](/usc/33/1402.md?p=e) to notify in a timely manner the [Administrator](/usc/33/1402.md?p=a) and the Governor of the State of any problems the [person](/usc/33/1402.md?p=e) has in complying with the schedule referred to in [subparagraph (B)](#c-2-B);
    - (D) it requires the [Administrator](/usc/33/1402.md?p=a) and the Governor of the State to evaluate on an ongoing basis the compliance of the [person](/usc/33/1402.md?p=e) with the schedule referred to in [subparagraph (B)](#c-2-B);
    - (E) it requires the [person](/usc/33/1402.md?p=e) to pay in accordance with this section all fees and penalties the [person](/usc/33/1402.md?p=e) is liable for under this section; and
    - (F) it authorizes the [person](/usc/33/1402.md?p=e) to use [interim measures](#k-5) before completion of the [alternative system](#k-1) referred to in [subparagraph (A)](#c-2-A).
  - (3) **Enforcement agreements—** An agreement shall be an enforcement agreement for purposes of this section only if—
    - (A) it includes a plan negotiated by the [person](/usc/33/1402.md?p=e), the State in which the [person](/usc/33/1402.md?p=e) is located, and the [Administrator](/usc/33/1402.md?p=a) that will, in the opinion of the [Administrator](/usc/33/1402.md?p=a), if adhered to by the [person](/usc/33/1402.md?p=e) in good faith, result in the phasing out and termination of ocean [dumping](/usc/33/1402.md?p=f), and transportation for the purpose of ocean [dumping](/usc/33/1402.md?p=f), of [sewage sludge](#k-6) and [industrial waste](#k-4) by such [person](/usc/33/1402.md?p=e) through the design, [construction](/usc/33/426e.md?p=c), and full implementation of an [alternative system](#k-1) for the management of [sewage sludge](#k-6) and [industrial waste](#k-4) transported or dumped by the [person](/usc/33/1402.md?p=e);
    - (B) it includes a schedule which—
      - (i) in the opinion of the [Administrator](/usc/33/1402.md?p=a), specifies reasonable dates by which the [person](/usc/33/1402.md?p=e) shall complete the various activities that are necessary for the timely implementation of the [alternative system](#k-1) referred to in [subparagraph (A)](#c-3-A); and
      - (ii) meets the requirements of [paragraph (4)](#c-4);
    - (C) it requires the [person](/usc/33/1402.md?p=e) to notify in a timely manner the [Administrator](/usc/33/1402.md?p=a) and the Governor of the State of any problems the [person](/usc/33/1402.md?p=e) has in complying with the schedule referred to in [subparagraph (B)](#c-3-B);
    - (D) it requires the [Administrator](/usc/33/1402.md?p=a) and the Governor of the State to evaluate on an ongoing basis the compliance of the [person](/usc/33/1402.md?p=e) with the schedule referred to in [subparagraph (B)](#c-3-B);
    - (E) it requires the [person](/usc/33/1402.md?p=e) to pay in accordance with this section all fees and penalties the [person](/usc/33/1402.md?p=e) is liable for under this section; and
    - (F) it authorizes the [person](/usc/33/1402.md?p=e) to use [interim measures](#k-5) before completion of the [alternative system](#k-1) referred to in [subparagraph (A)](#c-3-A).
  - (4) **Schedules—** A schedule included in a compliance agreement pursuant to [paragraph (2)(B)](#c-2-B) or an enforcement agreement pursuant to [paragraph (3)(B)](#c-3-B) shall establish deadlines for—
    - (A) preparation of engineering designs and related specifications for the [alternative system](#k-1) referred to in [paragraph (2)(A)](#c-2-A) or [paragraph (3)(A)](#c-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](#k-1);
    - (D) [construction](/usc/33/426e.md?p=c) and testing of such [alternative system](#k-1);
    - (E) operation of such [alternative system](#k-1) at full capacity; and
    - (F) any other activities, including [interim measures](#k-5), that the [Administrator](/usc/33/1402.md?p=a) 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](#k-2), into which a [person](/usc/33/1402.md?p=e) shall pay fees and penalties in accordance with subsections [(b)(2)(C)](#b-2-C) and [(d)(2)(C)(i)](#d-2-C-i), respectively.
    - (B) A State which establishes a [Clean Oceans Fund](#k-2) pursuant to this paragraph shall allocate and pay from the fund each year, to each [person](/usc/33/1402.md?p=e) 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](/usc/33/1402.md?p=e) into the fund in that year as fees pursuant to [subsection (b)(2)(C)](#b-2-C) and as penalties pursuant to [subsection (d)(2)(C)(i)](#d-2-C-i);
      - (ii) amounts paid by the [Administrator](/usc/33/1402.md?p=a) into the fund in that year as fees held in escrow for the [person](/usc/33/1402.md?p=e) pursuant to [subsection (b)(5)(B)](#b-5-B); and
      - (iii) interest on such amounts.
    - (C) Amounts allocated and paid to a [person](/usc/33/1402.md?p=e) pursuant to [subparagraph (B)](#c-5-B)—
      - (i) shall be used for the purposes described in [subsection (e)(2)(B)](#e-2-B); and
      - (ii) may be used for matching Federal grants.
    - (D) A [Clean Oceans Fund](#k-2) 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](/usc/33/1402.md?p=a) to assure accountability of payments into and out of the fund.
  - (6) **Public participation—** The [Administrator](/usc/33/1402.md?p=a) shall provide an opportunity for public comment regarding the establishment and implementation of compliance agreements and enforcement agreements entered into pursuant to this section.
- (d) **Penalties—**
  - (1) **In general—** In lieu of any other civil penalty under this Act, any [person](/usc/33/1402.md?p=e) who has entered into a compliance agreement or enforcement agreement under [subsection (c)](#c) and who dumps or transports [sewage sludge](#k-6) or [industrial waste](#k-4) in violation of [subsection (a)(1)(B)](#a-1-B) shall be liable for a civil penalty, to be assessed by the [Administrator](/usc/33/1402.md?p=a), as follows:
    - (A) For each dry ton (or equivalent) of [sewage sludge](#k-6) or [industrial waste](#k-4) dumped or transported by the [person](/usc/33/1402.md?p=e) in violation of this subsection in calendar year 1992, $600.
    - (B) For each dry ton (or equivalent) of [sewage sludge](#k-6) or [industrial waste](#k-4) dumped or transported by the [person](/usc/33/1402.md?p=e) 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 penalty—** Of the amount of penalties under [paragraph (1)](#d-1) for which a [person](/usc/33/1402.md?p=e) is liable, such [person](/usc/33/1402.md?p=e)—
    - (A) shall pay into a trust account established by the [person](/usc/33/1402.md?p=e) in accordance with [subsection (e)](#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](/usc/33/1402.md?p=a) a sum equal to $15 per dry ton (or equivalent) of [sewage sludge](#k-6) and [industrial waste](#k-4) transported or dumped by such [person](/usc/33/1402.md?p=e) in that year, for use for agency activities as provided in [subsection (f)(1)](#f-1);
    - (C) for violations in any year before calendar year 1995—
      - (i) subject to [paragraph (4)](#d-4), shall pay into the [Clean Oceans Fund](#k-2) established by the State in which the [person](/usc/33/1402.md?p=e) is located a sum equal to 50 percent of the balance of such amount; and
      - (ii) subject to [paragraph (4)](#d-4), shall pay to the State in which the [person](/usc/33/1402.md?p=e) is located a sum equal to the portion of such amount which is not paid as provided in subparagraphs [(A)](#d-2-A), [(B)](#d-2-B), and [(C)](#d-2-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](/usc/33/1381.md) et seq.], as provided in [subsection (f)(2)](#f-2); and
    - (D) for violations in any year after calendar year 1994, shall pay to the State in which the [person](/usc/33/1402.md?p=e) is located a sum equal to the balance of such amount, for use by the State for providing assistance under [subsection (f)(3)](#f-3).
  - (3) **Schedule for payment—** Penalties under this subsection shall be paid on a quarterly basis.
  - (4) **Payments prior to establishment of account—** In any case in which a State has not established a [Clean Oceans Fund](#k-2) or a water pollution control revolving fund under title VI of the Federal Water Pollution Control Act, penalties required to be paid by a [person](/usc/33/1402.md?p=e) in that State under paragraph [(2)(C)(i)](#d-2-C-i) or [(ii)](#d-2-C-ii), as applicable, shall be paid to the [Administrator](/usc/33/1402.md?p=a) for holding and payment or reversion, as applicable, in the same manner as fees are held and paid or revert under [subsection (b)(5)](#b-5).
- (e) **Trust account—**
  - (1) **In general—** A [person](/usc/33/1402.md?p=e) who enters into a compliance agreement or an enforcement agreement under [subsection (c)](#c) shall establish a trust account for the payment and use of fees and penalties under this section.
  - (2) **Trust account requirements—** An account shall be a trust account for purposes of this subsection only if it meets, to the satisfaction of the [Administrator](/usc/33/1402.md?p=a), the following requirements:
    - (A) Amounts in the account may be used only with the concurrence of the [person](/usc/33/1402.md?p=e) who establishes the account and the [Administrator](/usc/33/1402.md?p=a); except that the [person](/usc/33/1402.md?p=e) may use amounts in the account for a purpose authorized by [subparagraph (B)](#e-2-B) after 60 days after notification of the [Administrator](/usc/33/1402.md?p=a) if the [Administrator](/usc/33/1402.md?p=a) 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](#k-1), and any [interim measures](#k-5), for the management of [sewage sludge](#k-6) and [industrial waste](#k-4), including but not limited to any such [system](/usc/33/3602.md?p=8) or measures utilizing resource recovery, recycling, thermal reduction, or composting techniques; or
      - (ii) improvements in pretreatment, treatment, and storage techniques for [sewage sludge](#k-6) and [industrial waste](#k-4) to facilitate the implementation of such [alternative system](#k-1) or [interim measures](#k-5).
    - (C) Upon a finding by the [Administrator](/usc/33/1402.md?p=a) that a [person](/usc/33/1402.md?p=e) 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](/usc/33/1402.md?p=e) 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](/usc/33/1381.md) et seq.], as provided in [subsection (f)(2)](#f-2).
  - (3) **Use of unexpended amounts—** Upon a determination by the [Administrator](/usc/33/1402.md?p=a) that a [person](/usc/33/1402.md?p=e) has terminated ocean [dumping](/usc/33/1402.md?p=f) of [sewage sludge](#k-6) or [industrial waste](#k-4), the balance of amounts in an account established by the [person](/usc/33/1402.md?p=e) under this subsection shall be paid to the [person](/usc/33/1402.md?p=e) for use—
    - (A) for debts incurred by the [person](/usc/33/1402.md?p=e) in complying with this Act or the Federal Water Pollution Control Act [[33 U.S.C. 1251](/usc/33/1251.md) et seq.];
    - (B) in meeting the requirements of the Federal Water Pollution Control Act ([33 U.S.C. 1251](/usc/33/1251.md) et seq.) which apply to the [person](/usc/33/1402.md?p=e), including operations and maintenance; and
    - (C) for matching Federal grants.
  - (4) **Use for matching Federal grants—** Amounts in a trust account under this subsection may be used for matching Federal grants.
- (f) **Use of fees and penalties—**
  - (1) **Agency activities—** Of the total amount of fees and penalties paid to the [Administrator](/usc/33/1402.md?p=a) in a fiscal year pursuant to subsections [(b)(2)(B)](#b-2-B) and [(d)(2)(B)](#d-2-B), respectively—
    - (A) not to exceed one-third of such total amount shall be used by the [Administrator](/usc/33/1402.md?p=a) 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](/usc/33/1402.md?p=f) of [sewage sludge](#k-6) and [industrial waste](#k-4), including the costs of any environmental assessment of the direct effects of [dumping](/usc/33/1402.md?p=f) under the permits;
      - (ii) preparation of reports under [subsection (i)](#i); and
      - (iii) such other research, studies, and projects the [Administrator](/usc/33/1402.md?p=a) considers necessary for, and consistent with, the development and implementation of [alternative systems](#k-1) for the management of [sewage sludge](#k-6) and [industrial waste](#k-4);
    - (B) not to exceed one-third of such total amount shall be transferred to the [Secretary](/usc/33/1402.md?p=h) of the department in which the Coast Guard is operating for use for—
      - (i) Coast Guard surveillance of transportation and [dumping](/usc/33/1402.md?p=f) of [sewage sludge](#k-6) and [industrial waste](#k-4) subject to this Act; and
      - (ii) such enforcement activities conducted by the Coast Guard with respect to such transportation and [dumping](/usc/33/1402.md?p=f) 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](/usc/33/1981.md?p=16) of Commerce for Oceans and Atmosphere for use for—
      - (i) monitoring, research, and related activities consistent with the [program](/usc/33/467.md?p=11) developed pursuant to [subsection (j)(1)](#j-1); and
      - (ii) preparing annual reports to the Congress pursuant to [subsection (j)(4)](#j-4)[^1] 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)](#b-2-D), [(d)(2)(C)(ii)](#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](/usc/33/1381.md) 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](/usc/33/1402.md?p=e) who paid such amounts for development or implementation of any [alternative system](#k-1);
      - (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)](#d-2-D) may be used by the State—
      - (i) for providing assistance to any [person](/usc/33/1402.md?p=e) in the State—
        - (I) for implementing a management [program](/usc/33/467.md?p=11) under section 319 of the Federal Water Pollution Control Act [[33 U.S.C. 1329](/usc/33/1329.md)];
        - (II) for developing and implementing a conservation and management plan under section 320 of such Act [[33 U.S.C. 1330](/usc/33/1330.md)]; or
        - (III) for implementing technologies and management practices necessary for controlling [pollutant](/usc/33/1362.md?p=6) inputs adversely affecting the New York Bight, as such inputs are identified in the New York Bight Restoration Plan prepared under [section 2301](/usc/33/2301.md) of the Marine Plastic Pollution Research and Control Act of 1987; and
      - (ii) for providing assistance to any [person](/usc/33/1402.md?p=e) in the State who was not required to pay such penalties for [construction](/usc/33/426e.md?p=c) of [treatment works](/usc/33/1292.md?p=2-A) (as defined in section 212 of the Federal Water Pollution Control Act [[33 U.S.C. 1292](/usc/33/1292.md)]) which are publicly owned.
    - (B) Amounts paid to a State as penalties pursuant to [subsection (d)(2)(D)](#d-2-D) which are not used in accordance with [subparagraph (A)](#f-3-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](/usc/33/1402.md?p=e) 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—** Amounts of fees and penalties paid to the [Administrator](/usc/33/1402.md?p=a) pursuant to subsection [(b)(2)(B)](#b-2-B) or [(d)(2)(B)](#d-2-B) which are used by an agency in accordance with [paragraph (1)](#f-1) shall be deposited into the Treasury as offsetting collections of the agency.
- (g) **Enforcement—**
  - (1) **In general—** Whenever, on the basis of any information available, the [Administrator](/usc/33/1402.md?p=a) finds that a [person](/usc/33/1402.md?p=e) is [dumping](/usc/33/1402.md?p=f) or transporting [sewage sludge](#k-6) or [industrial waste](#k-4) in violation of [subsection (a)(1)](#a-1), the [Administrator](/usc/33/1402.md?p=a) shall issue an order requiring such [person](/usc/33/1402.md?p=e) to terminate such [dumping](/usc/33/1402.md?p=f) or transporting (as applicable) until such [person](/usc/33/1402.md?p=e)—
    - (A) enters into a compliance agreement or an enforcement agreement under [subsection (c)](#c); and
    - (B) obtains a permit under [section 1412 of this title](/usc/33/1412.md) which authorizes such [dumping](/usc/33/1402.md?p=f) or transporting.
  - (2) **Requirements of order—** Any order issued by the [Administrator](/usc/33/1402.md?p=a) under this subsection—
    - (A) shall be delivered by personal service to the [person](/usc/33/1402.md?p=e) 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](/usc/33/1402.md?p=e) named in the order, as a condition of [dumping](/usc/33/1402.md?p=f) into [ocean waters](/usc/33/1402.md?p=b), or transporting for the purpose of [dumping](/usc/33/1402.md?p=f) into [ocean waters](/usc/33/1402.md?p=b), [sewage sludge](#k-6) or [industrial waste](#k-4)—
      - (i) shall enter into a compliance agreement or an enforcement agreement under [subsection (c)](#c); and
      - (ii) shall obtain a permit under [section 1412 of this title](/usc/33/1412.md) which authorizes such [dumping](/usc/33/1402.md?p=f) or transporting.
  - (3) **Actions—** The [Administrator](/usc/33/1402.md?p=a) may request the Attorney General to commence a civil action for appropriate relief, including a temporary or permanent injunction and the imposition of civil penalties authorized by [subsection (d)(1)](#d-1), for any violation of [subsection (a)(1)](#a-1) or of an order issued by the [Administrator](/usc/33/1402.md?p=a) under this section. Such an action may be brought in the [district court of the United States](/usc/33/1402.md?p=g) for the district in which the defendant is located, resides, or is doing business, and such court shall have jurisdiction to restrain such violation and require compliance with [subsection (a)(1)](#a-1) and any such order.
- (h) **State progress reports—**
  - (1) **In general—** The Governor of each State that is a party to a compliance agreement or an enforcement agreement under [subsection (c)](#c) shall submit to the [Administrator](/usc/33/1402.md?p=a) on September 30 of 1989 and of every year thereafter until the [Administrator](/usc/33/1402.md?p=a) determines that ocean [dumping](/usc/33/1402.md?p=f) of [sewage sludge](#k-6) and [industrial waste](#k-4) by [persons](/usc/33/1402.md?p=e) located in that State has terminated, a report which describes—
    - (A) the efforts of each [person](/usc/33/1402.md?p=e) located in the State to comply with a compliance agreement or enforcement agreement entered into by the [person](/usc/33/1402.md?p=e) pursuant to [subsection (c)](#c), including the extent to which such [person](/usc/33/1402.md?p=e) has complied with deadlines established by the schedule included in such agreement;
    - (B) activity of the State regarding permits for the [construction](/usc/33/426e.md?p=c) and operation of each [alternative system](#k-1); and
    - (C) an accounting of amounts paid into and withdrawn from a [Clean Oceans Fund](#k-2) established by the State.
  - (2) **Failure to submit report—** If a State fails to submit a report in accordance with this subsection, the [Administrator](/usc/33/1402.md?p=a) shall withhold funds reserved for such State under section 205(g) of the Federal Water Pollution Control Act ([33 U.S.C. 1285(g)](/usc/33/1285.md?p=g)). Funds withheld pursuant to this paragraph may, at the discretion of the [Administrator](/usc/33/1402.md?p=a), be restored to a State upon compliance with this subsection.
- (i) **EPA progress reports—**
  - (1) **In general—** Not later than December 31 of 1989 and of each year thereafter until the [Administrator](/usc/33/1402.md?p=a) determines that ocean [dumping](/usc/33/1402.md?p=f) of [sewage sludge](#k-6) and [industrial waste](#k-4) has terminated, the [Administrator](/usc/33/1402.md?p=a) shall prepare and submit to the Congress a report on—
    - (A) progress being made by [persons](/usc/33/1402.md?p=e) issued permits under [section 1412 of this title](/usc/33/1412.md) for transportation or [dumping](/usc/33/1402.md?p=f) of [sewage sludge](#k-6) or [industrial waste](#k-4) in developing [alternative systems](#k-1) for managing [sewage sludge](#k-6) and [industrial waste](#k-4);
    - (B) the efforts of each such [person](/usc/33/1402.md?p=e) to comply with a compliance agreement or enforcement agreement entered into by the [person](/usc/33/1402.md?p=e) pursuant to [subsection (c)](#c), including the extent to which such [person](/usc/33/1402.md?p=e) has complied with deadlines established by the schedule included in such agreement;
    - (C) progress being made by the [Administrator](/usc/33/1402.md?p=a) and others in identifying and implementing [alternative systems](#k-1) for the management of [sewage sludge](#k-6) and [industrial waste](#k-4); and
    - (D) progress being made toward the termination of ocean [dumping](/usc/33/1402.md?p=f) of [sewage sludge](#k-6) and [industrial waste](#k-4).
  - (2) **Referral to Congressional committees—** Each report submitted to the Congress under this subsection shall be referred to each standing [committee](/usc/33/3301.md?p=3) of the House of Representatives and of the Senate having jurisdiction over any part of the subject matter of the report.
- (j) **Environmental monitoring—**
  - (1) **In general—** The [Administrator](/usc/33/1402.md?p=a), in cooperation with the [Under Secretary](/usc/33/1981.md?p=16) of Commerce for Oceans and Atmosphere, shall design a [program](/usc/33/467.md?p=11) for monitoring environmental conditions—
    - (A) at the Apex site (as that term is defined in [section 1414a of this title](/usc/33/1414a.md));
    - (B) at the site designated by the [Administrator](/usc/33/1402.md?p=a) under [section 1412(c) of this title](/usc/33/1412.md?p=c) 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](#k-4) is dumped; and
    - (D) within the potential area of influence of the [sewage sludge](#k-6) and [industrial waste](#k-4) dumped at those sites.
  - (2) **Program requirements—** The [program](/usc/33/467.md?p=11) designed under [paragraph (1)](#j-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](/usc/33/467.md?p=11).
  - (3) **Monitoring activities—** The [Administrator](/usc/33/1402.md?p=a) and the [Under Secretary](/usc/33/1981.md?p=16) of Commerce for Oceans and Atmosphere shall each conduct monitoring activities consistent with the [program](/usc/33/467.md?p=11) designed under [paragraph (1)](#j-1).
  - (4) **Omitted—**
- (k) **Definitions—** For purposes of this section—
  - (1) the term “alternative system” means any method for the management of [sewage sludge](#k-6) or [industrial waste](#k-4) 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)](#c-5);
  - (3) the term “excluded material” means—
    - (A) any [dredged material](/usc/33/1402.md?p=i) discharged by the [United States](/usc/33/1402.md?p=d) Army Corps of Engineers or discharged pursuant to a permit issued by the [Secretary](/usc/33/1402.md?p=h) in accordance with [section 1413 of this title](/usc/33/1413.md); 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](/usc/33/1402.md?p=a) under [section 1412 of this title](/usc/33/1412.md);
  - (4) the term “industrial waste” means any solid, semisolid, or liquid waste generated by a manufacturing or processing plant, other than an [excluded material](#k-3);
  - (5) the term “interim measure” means any short-term method for the management of [sewage sludge](#k-6) or [industrial waste](#k-4), which—
    - (A) is used before implementation of an [alternative system](#k-1); 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](#k-3).

# §1414c. Prohibition on disposal of sewage sludge at landfills on Staten Island

- (a) **In general—** No [person](/usc/33/1402.md?p=e) shall dispose of [sewage sludge](#c) at any landfill located on Staten Island, New York.
- (b) **Exclusion from penalties—**
  - (1) **In general—** Subject to [paragraph (2)](#b-2), a [person](/usc/33/1402.md?p=e) who violates this section shall not be subject to any penalty under this Act.
  - (2) **Injunction—** [Paragraph (1)](#b-1) shall not prohibit the bringing of an action for, or the granting of, an injunction under [section 1415 of this title](/usc/33/1415.md) with respect to a violation of this section.
- (c) **“Sewage sludge” defined—** For purposes of this section, the term “sewage sludge” has the meaning such term has in [section 1414b of this title](/usc/33/1414b.md).

# §1415. Penalties

- (a) **Assessment of civil penalty by Administrator; remission or mitigation; court action for appropriate relief—** Any [person](/usc/33/1402.md?p=e) who violates any provision of this subchapter, or of the regulations promulgated under this subchapter, or a permit issued under this subchapter shall be liable to a civil penalty of not more than $50,000 for each violation to be assessed by the [Administrator](/usc/33/1402.md?p=a). In addition, any [person](/usc/33/1402.md?p=e) who violates this subchapter or any regulation issued under this subchapter by engaging in activity involving the [dumping](/usc/33/1402.md?p=f) of [medical waste](/usc/33/1402.md?p=k) shall be liable for a civil penalty of not more than $125,000 for each violation, to be assessed by the [Administrator](/usc/33/1402.md?p=a) after written notice and an opportunity for a hearing. No penalty shall be assessed until the [person](/usc/33/1402.md?p=e) charged shall have been given notice and an opportunity for a hearing of such violation. In determining the amount of the penalty, the gravity of the violation, prior violations, and the demonstrated good faith of the [person](/usc/33/1402.md?p=e) charged in attempting to achieve rapid compliance after notification of a violation shall be considered by said [Administrator](/usc/33/1402.md?p=a). For good cause shown, the [Administrator](/usc/33/1402.md?p=a) may remit or mitigate such penalty. Upon failure of the offending party to pay the penalty, the [Administrator](/usc/33/1402.md?p=a) may request the Attorney General to commence an action in the appropriate [district court of the United States](/usc/33/1402.md?p=g) for such relief as may be appropriate.
- (b) **Criminal penalties—** In addition to any action that may be brought under [subsection (a)](#a)—
  - (1) any [person](/usc/33/1402.md?p=e) 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](/usc/18.md) or imprisoned for not more than 5 years, or both; and
  - (2) any [person](/usc/33/1402.md?p=e) who is convicted of such a violation pursuant to [paragraph (1)](#b-1) shall forfeit to the [United States](/usc/33/1402.md?p=d)—
    - (A) any property constituting or derived from any proceeds that the [person](/usc/33/1402.md?p=e) obtained, directly or indirectly, as a result of such violation; and
    - (B) any of the property of the [person](/usc/33/1402.md?p=e) 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—** For the purpose of imposing civil penalties and criminal fines under this section, each day of a continuing violation shall constitute a separate offense as shall the [dumping](/usc/33/1402.md?p=f) from each of several vessels, or other sources.
- (d) **Injunctive relief—** The Attorney General or his delegate may bring actions for equitable relief to enjoin an imminent or continuing violation of this subchapter, of regulations promulgated under this subchapter, or of permits issued under this subchapter, and the district courts of the [United States](/usc/33/1402.md?p=d) shall have jurisdiction to grant such relief as the equities of the case may require.
- (e) **Liability of vessels in rem—** A vessel, except a public vessel within the meaning of section 13 of the Federal Water Pollution Control Act, as amended, used in a violation, shall be liable in rem for any civil penalty assessed or criminal fine imposed and may be proceeded against in any [district court of the United States](/usc/33/1402.md?p=g) having jurisdiction thereof; but no vessel shall be liable unless it shall appear that one or more of the owners, or bareboat charterers, was at the time of the violation a consenting party or privy to such violation.
- (f) **Revocation and suspension of permits—** If the provisions of any permit issued under section [1412](/usc/33/1412.md) or [1413](/usc/33/1413.md) of this title are violated, the [Administrator](/usc/33/1402.md?p=a) or the [Secretary](/usc/33/1402.md?p=h), as the case may be, may revoke the permit or may suspend the permit for a specified period of time. No permit shall be revoked or suspended unless the permittee shall have been given notice and opportunity for a hearing on such violation and proposed suspension or revocation.
- (g) **Civil suits by private persons—**
  - (1) Except as provided in paragraph (2) of this subsection any [person](/usc/33/1402.md?p=e) may commence a civil suit on his own behalf to enjoin any [person](/usc/33/1402.md?p=e), including the [United States](/usc/33/1402.md?p=d) 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](/usc/33/1402.md?p=a) or to the [Secretary](/usc/33/1402.md?p=h), 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](/usc/33/1402.md?p=d) to require compliance with the prohibition, limitation, criterion, or permit; or
    - (C) if the [Administrator](/usc/33/1402.md?p=a) has commenced action to impose a penalty pursuant to [subsection (a)](#a) of this section, or if the [Administrator](/usc/33/1402.md?p=a), or the [Secretary](/usc/33/1402.md?p=h), has initiated permit revocation or suspension proceedings under [subsection (f)](#f) of this section; or
    - (D) if the [United States](/usc/33/1402.md?p=d) has commenced and is diligently prosecuting a criminal action in a court of the [United States](/usc/33/1402.md?p=d) 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](/usc/33/1402.md?p=d) is not a party, the Attorney General, at the request of the [Administrator](/usc/33/1402.md?p=a) or [Secretary](/usc/33/1402.md?p=h), may intervene on behalf of the [United States](/usc/33/1402.md?p=d) 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](/usc/33/1402.md?p=e) (or class of [persons](/usc/33/1402.md?p=e)) 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](/usc/33/1402.md?p=a), the [Secretary](/usc/33/1402.md?p=h), or a State agency).
- (h) **Emergencies—** No [person](/usc/33/1402.md?p=e) shall be subject to a civil penalty or to a criminal fine or imprisonment for [dumping](/usc/33/1402.md?p=f) [materials](/usc/33/1402.md?p=c) from a vessel if such [materials](/usc/33/1402.md?p=c) are dumped in an emergency to safeguard life at sea. Any such emergency [dumping](/usc/33/1402.md?p=f) shall be reported to the [Administrator](/usc/33/1402.md?p=a) under such conditions as he may prescribe.
- (i) **Seizure and forfeiture—**
  - (1) **In general—** Any vessel used to commit an act for which a penalty is imposed under [subsection (b)](#b) shall be subject to seizure and forfeiture to the [United States](/usc/33/1402.md?p=d) under procedures established for seizure and forfeiture of conveyances under sections [853](/usc/21/853.md) and [881](/usc/21/881.md) of title 21.
  - (2) **Limitation on application—** This subsection does not apply to an act committed substantially in accordance with a compliance agreement or enforcement agreement entered into by the [Administrator](/usc/33/1402.md?p=a) under [section 1414b(c) of this title](/usc/33/1414b.md?p=c).

# §1416. Relationship to other laws

- (a) **Voiding of preexisting licenses—** After the effective date of this subchapter, all licenses, permits, and authorizations other than those issued pursuant to this subchapter shall be void and of no legal effect, to the extent that they purport to authorize any activity regulated by this subchapter, and whether issued before or after the effective date of this subchapter.
- (b) **Actions under authority of Rivers and Harbors Act—** The provisions of [subsection (a)](#a) shall not apply to actions taken before the effective date of this subchapter under the authority of the Rivers and Harbors Act of 1899 (30 Stat. 1151), as amended ([33 U.S.C. 401](/usc/33/401.md) et seq.).
- (c) **Impairment of navigation—** Prior to issuing any permit under this subchapter, if it appears to the [Administrator](/usc/33/1402.md?p=a) that the disposition of [material](/usc/33/1402.md?p=c), other than [dredged material](/usc/33/1402.md?p=i), may adversely affect navigation in the territorial sea of the [United States](/usc/33/1402.md?p=d), or in the approaches to any harbor of the [United States](/usc/33/1402.md?p=d), or may create an artificial island on the Outer Continental Shelf, the [Administrator](/usc/33/1402.md?p=a) shall consult with the [Secretary](/usc/33/1402.md?p=h) and no permit shall be issued if the [Secretary](/usc/33/1402.md?p=h) determines that navigation will be unreasonably impaired.
- (d) **State programs—**
  - (1) **State rights preserved—** Except as expressly provided in this subsection, nothing in this subchapter shall preclude or deny the right of any State to adopt or enforce any requirements respecting [dumping](/usc/33/1402.md?p=f) of [materials](/usc/33/1402.md?p=c) into [ocean waters](/usc/33/1402.md?p=b) within the jurisdiction of the State.
  - (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](/usc/33/1402.md?p=a) 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](/usc/33/1402.md?p=h) of the Army concurs in such finding.
  - (3) **Exemption from State requirements—** The President may exempt a Federal project from any State requirement respecting [dumping](/usc/33/1402.md?p=f) of [materials](/usc/33/1402.md?p=c) into [ocean waters](/usc/33/1402.md?p=b) if it is in the paramount interest of the [United States](/usc/33/1402.md?p=d) to do so.
  - (4) **Consideration of site of origin prohibited—** Any requirement respecting [dumping](/usc/33/1402.md?p=f) of [materials](/usc/33/1402.md?p=c) into [ocean waters](/usc/33/1402.md?p=b) applied by a State shall be applied without regard to the site of origin of the [material](/usc/33/1402.md?p=c) to be dumped.
- (e) **Existing conservation programs not affected—** Nothing in this subchapter shall be deemed to affect in any manner or to any extent any provision of the Fish and Wildlife Coordination Act as amended ([16 U.S.C. 661–666c](https://uscode.house.gov/view.xhtml?req=(/us/usc/t16/s661–666c))).
- (f) **Dumping of dredged material in Long Island Sound from any Federal, etc., project—** In addition to other provisions of law and not withstanding the specific exclusion relating to [dredged material](/usc/33/1402.md?p=i) in the first sentence in [section 1412(a) of this title](/usc/33/1412.md?p=a), the [dumping](/usc/33/1402.md?p=f) of [dredged material](/usc/33/1402.md?p=i) in Long Island Sound from any Federal project (or pursuant to Federal authorization) or from a dredging project by a non-Federal applicant exceeding 25,000 cubic yards shall comply with the requirements of this subchapter.
- (g) **Savings clause—** Nothing in this Act shall restrict, affect or modify the rights of any [person](/usc/33/1402.md?p=e) (1) to seek [damages](/usc/33/2701.md?p=5) or enforcement of any standard or limitation under State law, including State common law, or (2) to seek [damages](/usc/33/2701.md?p=5) under other Federal law, including maritime tort law, resulting from noncompliance with any requirement of this Act or any permit under this Act.

# §1417. Enforcement

- (a) **Utilization of other departments, agencies, and instrumentalities—** The [Administrator](/usc/33/1402.md?p=a) or the [Secretary](/usc/33/1402.md?p=h), as the case may be, may, whenever appropriate, utilize by agreement, the personnel, services and facilities of other Federal departments, agencies, and instrumentalities, or State agencies or instrumentalities, whether on a reimbursable or a nonreimbursable basis, in carrying out his responsibilities under this subchapter.
- (b) **Delegation of review and evaluation authority—** The [Administrator](/usc/33/1402.md?p=a) or the [Secretary](/usc/33/1402.md?p=h) may delegate responsibility and authority for reviewing and evaluating permit applications, including the decision as to whether a permit will be issued, to an officer of his agency, or he may delegate, by agreement, such responsibility and authority to the heads of other Federal departments or agencies, whether on a reimbursable or nonreimbursable basis.
- (c) **Surveillance and other enforcement activity—** The [Secretary](/usc/33/1402.md?p=h) of the department in which the Coast Guard is operating shall conduct surveillance and other appropriate enforcement activity to prevent unlawful transportation of [material](/usc/33/1402.md?p=c) for [dumping](/usc/33/1402.md?p=f), or unlawful [dumping](/usc/33/1402.md?p=f). Such enforcement activity shall include, but not be limited to, enforcement of regulations issued by him pursuant to [section 1418 of this title](/usc/33/1418.md), relating to safe transportation, handling, carriage, storage, and stowage. The [Secretary](/usc/33/1402.md?p=h) of the Department in which the Coast Guard is operating shall supply to the [Administrator](/usc/33/1402.md?p=a) and to the Attorney General, as appropriate, such information of enforcement activities and such evidentiary [material](/usc/33/1402.md?p=c) assembled as they may require in carrying out their duties relative to penalty assessments, criminal prosecutions, or other actions involving litigation pursuant to the provisions of this subchapter.

# §1418. Regulations


In carrying out the responsibilities and authority conferred by this subchapter, the [Administrator](/usc/33/1402.md?p=a), the [Secretary](/usc/33/1402.md?p=h), and the [Secretary](/usc/33/1402.md?p=h) of the department in which the Coast Guard is operating are authorized to issue such regulations as they may deem appropriate.


# §1419. International cooperation


The Secretary of State, in consultation with the [Administrator](/usc/33/1402.md?p=a), 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.


# §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.


# [§1421. Omitted — omitted]



# §1441. Monitoring and research program


The [Secretary](/usc/33/1402.md?p=h) of Commerce, in coordination with the [Secretary](/usc/33/1402.md?p=h) of the Department in which the Coast Guard is operating and with the [Administrator](/usc/33/1402.md?p=a) shall, within six months of October 23, 1972, initiate a comprehensive and continuing [program](/usc/33/467.md?p=11) of monitoring and research regarding the effects of the [dumping](/usc/33/1402.md?p=f) of [material](/usc/33/1402.md?p=c) into [ocean waters](/usc/33/1402.md?p=b) or other coastal waters where the tide ebbs and flows or into the Great Lakes or their connecting waters.


# §1442. Research program respecting possible long-range effects of pollution, overfishing, and man-induced changes of ocean ecosystems

- (a) **Secretary of Commerce—**
  - (1) The [Secretary](/usc/33/1402.md?p=h) of Commerce, in close consultation with other appropriate Federal departments, agencies, and instrumentalities shall, within six months of October 23, 1972, initiate a comprehensive and continuing [program](/usc/33/467.md?p=11) of research with respect to the possible long-range effects of pollution, overfishing, and man-induced changes of ocean ecosystems. These responsibilities shall include the scientific assessment of [damages](/usc/33/2701.md?p=5) to the natural resources from spills of petroleum or petroleum products. In carrying out such research, the [Secretary](/usc/33/1402.md?p=h) of Commerce shall take into account such factors as existing and proposed international policies affecting oceanic problems, economic considerations involved in both the protection and the use of the oceans, possible alternatives to existing [programs](/usc/33/467.md?p=11), and ways in which the health of the oceans may best be preserved for the benefit of succeeding generations of mankind.
  - (2) The [Secretary](/usc/33/1402.md?p=h) of Commerce shall ensure that the [program](/usc/33/467.md?p=11) under this section complements, when appropriate, the activities undertaken by other Federal agencies pursuant to subchapter I and [section 1443 of this title](/usc/33/1443.md). That [program](/usc/33/467.md?p=11) shall include but not be limited to—
    - (A) the development and assessment of scientific techniques to define and quantify the degradation of the marine environment;
    - (B) the assessment of the capacity of the marine environment to receive [materials](/usc/33/1402.md?p=c) without degradation;
    - (C) continuing monitoring [programs](/usc/33/467.md?p=11) to assess the health of the marine environment, including but not limited to the monitoring of bottom oxygen concentrations, contaminant levels in biota, sediments, and the water column, diseases in fish and shellfish, and changes in types and abundance of indicator species;
    - (D) the development of methodologies, techniques, and equipment for disposal of waste [materials](/usc/33/1402.md?p=c) to minimize degradation of the marine environment.
  - (3) The [Secretary](/usc/33/1402.md?p=h) of Commerce shall ensure that the comprehensive and continuing research [program](/usc/33/467.md?p=11) conducted under this subsection is consistent with the comprehensive plan for ocean pollution research and development and monitoring prepared under section 1703[^1] of this title.
- (b) **Action with other nations—** In carrying out his responsibilities under this section, the [Secretary](/usc/33/1402.md?p=h) of Commerce, under the foreign policy guidance of the President and pursuant to international agreements and treaties made by the President with the advice and consent of the Senate, may act alone or in conjunction with any other nation or group of nations, and shall make known the results of his activities by such channels of communication as may appear appropriate.
- (c) **Cooperation of other departments, agencies, and independent instrumentalities—** Each department, agency, and independent instrumentality of the Federal Government is authorized and directed to cooperate with the [Secretary](/usc/33/1402.md?p=h) of Commerce in carrying out the purposes of this section and, to the extent permitted by law, to furnish such information as may be requested.
- (d) **Utilization of personnel, services, and facilities; inter-agency agreements—** The [Secretary](/usc/33/1402.md?p=h) of Commerce, in carrying out his responsibilities under this section, shall, to the extent feasible utilize the personnel, services, and facilities of other Federal departments, agencies, and instrumentalities (including those of the Coast Guard for monitoring purposes), and is authorized to enter into appropriate inter-agency agreements to accomplish this action.

# §1443. Research program respecting ocean dumping and other methods of waste disposal

- (a) **Cooperation with public authorities, agencies, and institutions, private agencies and institutions, and individuals—** The [Administrator](/usc/33/1402.md?p=a) of the Environmental Protection Agency shall—
  - (1) conduct research, investigations, experiments, training, demonstrations, surveys, and studies for the purpose of—
    - (A) determining means of minimizing or ending, as soon as possible after October 6, 1980, the [dumping](/usc/33/1402.md?p=f) into [ocean waters](/usc/33/1402.md?p=b), or waters described in [section 1411(b) of this title](/usc/33/1411.md?p=b), of [material](/usc/33/1402.md?p=c) which may unreasonably degrade or endanger human health, welfare, or amenities, or the marine environment, ecological [systems](/usc/33/3602.md?p=8), or economic potentialities, and
    - (B) developing disposal methods as alternatives to the [dumping](/usc/33/1402.md?p=f) described in [subparagraph (A)](#a-1-A); and
  - (2) encourage, cooperate with, promote the coordination of, and render financial and other assistance to appropriate public authorities, agencies, and institutions (whether Federal, State, interstate, or local) and appropriate private agencies, institutions, and individuals in the conduct of research and other activities described in [paragraph (1)](#a-1).
- (b) **Termination date for ocean dumping of sewage sludge not affected—** Nothing in this section shall be construed to affect in any way the December 31, 1981, termination date, established in [section 1412a of this title](/usc/33/1412a.md), for the ocean [dumping](/usc/33/1402.md?p=f) of sewage sludge.
- (c) **Regional management plans for waste disposal—** The [Administrator](/usc/33/1402.md?p=a), in cooperation with the [Secretary](/usc/33/1402.md?p=h), the [Secretary](/usc/33/1402.md?p=h) of Commerce, and other officials of appropriate Federal, State, and local agencies, shall assess the feasibility in coastal areas of regional management plans for the disposal of waste [materials](/usc/33/1402.md?p=c). Such plans should integrate where appropriate Federal, State, regional, and local waste disposal activities into a comprehensive regional disposal strategy. These plans should address, among other things—
  - (1) the sources, quantities, and types of [materials](/usc/33/1402.md?p=c) that require and will require disposal;
  - (2) the environmental, economic, social, and human health factors (and the methods used to assess these factors) associated with disposal alternatives;
  - (3) the improvements in production processes, methods of disposal, and recycling to reduce the adverse effects associated with such disposal alternatives;
  - (4) the applicable laws and regulations governing waste disposal; and
  - (5) improvements in permitting processes to reduce administrative burdens.
- (d) **Report on sewage disposal in New York metropolitan area—** The [Administrator](/usc/33/1402.md?p=a), in cooperation with the [Secretary](/usc/33/1402.md?p=h) of Commerce, shall submit to the Congress and the President, not later than one year after April 7, 1986, a report on sewage sludge disposal in the New York City metropolitan region. The report shall—
  - (1) consider the factors listed in [subsection (c)](#c) as they relate to landfilling, incineration, ocean [dumping](/usc/33/1402.md?p=f), or any other feasible disposal or reuse/recycling option;
  - (2) include an assessment of the cost of these alternatives; and
  - (3) recommend such regulatory or legislative changes as may be necessary to reduce the adverse impacts associated with sewage sludge disposal.

# §1444. Annual reports

- (a) **Report by Secretary of Commerce—** In March of each year, the [Secretary](/usc/33/1402.md?p=h) of Commerce shall report to the Congress on his activities under this subchapter during the previous fiscal year. The report shall include—
  - (1) the [Secretary](/usc/33/1402.md?p=h)’s findings made under [section 1441 of this title](/usc/33/1441.md), including an evaluation of the short-term ecological effects and the social and economic factors involved with the [dumping](/usc/33/1402.md?p=f);
  - (2) the results of activities undertaken pursuant to [section 1442 of this title](/usc/33/1442.md);
  - (3) with the concurrence of the [Administrator](/usc/33/1402.md?p=a) and after consulting with officials of other appropriate Federal agencies, an identification of the short- and long-term research requirements associated with activities under subchapter I, and a description of how Federal research under this subchapter and subchapter I will meet those requirements; and
  - (4) activities of the Department of Commerce under [section 665 of title 16](/usc/16/665.md).
- (b) **Report by Administrator—** In March of each year, the [Administrator](/usc/33/1402.md?p=a) shall report to the Congress on his activities during the previous fiscal year under [section 1443 of this title](/usc/33/1443.md).
- (c) **Report by Under Secretary—** On October 31 of each year, the [Under Secretary](/usc/33/1981.md?p=16) shall report to the Congress the specific [programs](/usc/33/467.md?p=11) that the National Oceanic and Atmospheric Administration and the Environmental Protection Agency carried out pursuant to this subchapter in the previous fiscal year, specifically listing the amount of funds allocated to those specific [programs](/usc/33/467.md?p=11) in the previous fiscal year.

# §1445. Authorization of appropriations


There are authorized to be appropriated for the first fiscal year after October 23, 1972, and for the next two fiscal years thereafter such sums as may be necessary to carry out this subchapter, but the sums appropriated for any such fiscal year may not exceed $6,000,000. There are authorized to be appropriated not to exceed $1,500,000 for the transition period (July 1 through September 30, 1976), not to exceed $5,600,000 for fiscal year 1977, and not to exceed $6,500,000 for fiscal year 1978, not to exceed $11,396,000 for fiscal year 1981, not to exceed $12,000,000 for fiscal year 1982, not to exceed $10,635,000 for fiscal year 1986, not to exceed $11,114,000 for fiscal year 1987, not to exceed $13,500,000 for fiscal year 1989, and not to exceed $14,500,000 for fiscal year 1990.