---
kind: "section"
citation: "33 U.S.C. § 1412"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "1412"
heading: "Dumping permit program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/1412"
units:
  - "Chapter 27 — Ocean Dumping"
  - "Subchapter I — Regulation"
---

# §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, 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 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 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 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.

## Source credit

(Pub. L. 92–532, title I, § 102, Oct. 23, 1972, 86 Stat. 1054; Pub. L. 93–254, § 1(4), Mar. 22, 1974, 88 Stat. 51; Pub. L. 96–572, § 3, Dec. 22, 1980, 94 Stat. 3345; Pub. L. 100–688, title III, § 3201(b), Nov. 18, 1988, 102 Stat. 4153; Pub. L. 102–580, title V, § 506(a), Oct. 31, 1992, 106 Stat. 4868; Pub. L. 104–303, title V, § 582, Oct. 12, 1996, 110 Stat. 3791; Pub. L. 106–53, title V, § 562, Aug. 17, 1999, 113 Stat. 355; Pub. L. 110–114, title V, § 5046, Nov. 8, 2007, 121 Stat. 1209.)

## Notes

### Editorial Notes

### References in Text

This Act, referred to in subsec. (c)(4), means Pub. L. 92–532, which is classified generally to this chapter, chapter 41 (§ 2801 et seq.) of this title, and chapters 32 (§ 1431 et seq.) and 32A (§ 1447 et seq.) of Title 16, Conservation.

### Amendments

2007—Subsec. (c)(4). Pub. L. 110–114 substituted “January 1, 2011” for “January 1, 2003” in third sentence.

1999—Subsec. (c)(4). Pub. L. 106–53 substituted “January 1, 2003” for “January 1, 2000” in third sentence.

1996—Subsec. (c)(4). Pub. L. 104–303 inserted “(other than the site located off the coast of Newport Beach, California, which is known as ‘LA–3’)” after “for a site” and inserted at end “Beginning January 1, 2000, no permit for dumping pursuant to this Act or authorization for dumping under section 1413(e) of this title 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.”

1992—Subsec. (c). Pub. L. 102–580 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Administrator may, considering the criteria established pursuant to subsection (a) of this section, designate recommended sites or times for dumping and, when he finds it necessary to protect critical areas, shall, after consultation with the Secretary, also designate sites or times within which certain materials may not be dumped.”

1988—Subsec. (a). Pub. L. 100–688 substituted “agents, high-level” for “agents and high-level” and inserted “and medical waste,” after “radioactive waste,”.

1980—Subsec. (e). Pub. L. 96–572 inserted applicability to United States agency or instrumentality, and proviso respecting such agency or instrumentality.

1974—Subsec. (a). Pub. L. 93–254, § 1(4)(A), substituted “for which no permit may be issued,” for “as provided for in section 1411 of this title,”, inserted “or in the case of a vessel or aircraft registered in the United States or flying the United States flag,” after “instrumentality of the United States,”, and required the Administrator to apply the standards and criteria binding upon the United States under the Convention, including its Annexes.

Subsec. (e). Pub. L. 93–254, § 1(4)(B), added subsec. (e).

### Statutory Notes and Related Subsidiaries

### Effective Date of 1974 Amendment

Pub. L. 93–254, § 2, Mar. 22, 1974, 88 Stat. 51, provided in part that: “The amendments made by subparagraph 1(4)(A)(iii) and paragraph 1(4)(B) of this Act [enacting provision of subsec. (a) respecting application of standards by Administrator and subsec. (e) of this section] shall become effective on the date that the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matters enters into force for the United States.” [The Convention entered into force for the United States Aug. 30, 1975.]

Amendment of subsec. (a) of this section, other than last sentence, by Pub. L. 93–254 effective Mar. 22, 1974, see section 2 of Pub. L. 93–254, set out in part as a note under section 1401 of this title.

### Effective Date

Section effective 6 months after Oct. 23, 1972, see section 110(a) of Pub. L. 92–532, set out as a note under section 1411 of this title.