---
kind: "section"
citation: "33 U.S.C. § 1905"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "1905"
heading: "Pollution reception facilities"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/1905"
units:
  - "Chapter 33 — Prevention of Pollution from Ships"
---

# §1905. Pollution reception facilities

- (a) **Adequacy; criteria—**
  - (1) The [Secretary](/usc/33/1901.md?p=a-11), after consultation with the [Administrator](/usc/33/1901.md?p=a-1) of the Environmental Protection Agency, shall establish regulations setting criteria for determining the adequacy of a port’s or [terminal](/usc/33/1901.md?p=a-14)’s reception facilities for mixtures containing oil or noxious liquid substances and shall establish procedures whereby a [person](/usc/33/1901.md?p=a-10) in charge of a port or [terminal](/usc/33/1901.md?p=a-14) may request the [Secretary](/usc/33/1901.md?p=a-11) to certify that the port’s or [terminal](/usc/33/1901.md?p=a-14)’s facilities for receiving the residues and mixtures containing oil or noxious liquid substance from seagoing [ships](/usc/33/1901.md?p=a-12) are adequate.
  - (2) The [Secretary](/usc/33/1901.md?p=a-11), after consulting with appropriate Federal agencies, shall establish regulations setting criteria for determining the adequacy of reception facilities for garbage at a port or [terminal](/usc/33/1901.md?p=a-14), and stating such additional measures and requirements as are appropriate to ensure such adequacy. [Persons](/usc/33/1901.md?p=a-10) in charge of ports and [terminals](/usc/33/1901.md?p=a-14) shall provide reception facilities, or ensure that such facilities are available, for receiving garbage in accordance with those regulations.
  - (3) The [Secretary](/usc/33/1901.md?p=a-11) and the [Administrator](/usc/33/1901.md?p=a-1), after consulting with appropriate Federal agencies, shall jointly prescribe regulations setting criteria for determining the adequacy of reception facilities for receiving ozone depleting substances, equipment containing such substances, and exhaust gas cleaning residues at a port or [terminal](/usc/33/1901.md?p=a-14), and stating any additional measures and requirements as are appropriate to ensure such adequacy. [Persons](/usc/33/1901.md?p=a-10) in charge of ports and [terminals](/usc/33/1901.md?p=a-14) shall provide reception facilities, or ensure that reception facilities are available, in accordance with those regulations. The [Secretary](/usc/33/1901.md?p=a-11) and the [Administrator](/usc/33/1901.md?p=a-1) may jointly prescribe regulations to certify, and may issue certificates to the effect, that a port’s or [terminal](/usc/33/1901.md?p=a-14)’s facilities for receiving ozone depleting substances, equipment containing such substances, and exhaust gas cleaning residues from [ships](/usc/33/1901.md?p=a-12) are adequate.
- (b) **Traffic considerations—** In determining the adequacy of reception facilities required by the [MARPOL Protocol](/usc/33/1901.md?p=a-4) or the [Antarctic Protocol](/usc/33/1901.md?p=a-3) at a port or [terminal](/usc/33/1901.md?p=a-14), and in establishing regulations under [subsection (a)](#a) of this section, the [Secretary](/usc/33/1901.md?p=a-11) or the [Administrator](/usc/33/1901.md?p=a-1) may consider, among other things, the number and types of [ships](/usc/33/1901.md?p=a-12) or seagoing [ships](/usc/33/1901.md?p=a-12) using the port or [terminal](/usc/33/1901.md?p=a-14), including their principal trades.
- (c) **Certificate; issuance; validity; inspection; review of suspension or revocation by Secretary—**
  - (1) If reception facilities of a port or [terminal](/usc/33/1901.md?p=a-14) meet the requirements of Annex I and Annex II to the [Convention](/usc/33/1901.md?p=a-5) and the regulations prescribed under [subsection (a)(1)](#a-1), the [Secretary](/usc/33/1901.md?p=a-11) shall, after consultation with the [Administrator](/usc/33/1901.md?p=a-1) of the Environmental Protection Agency, issue a certificate to that effect to the applicant.
  - (2)
    - (A) Subject to [subparagraph (B)](#c-2-B), if reception facilities of a port or [terminal](/usc/33/1901.md?p=a-14) meet the requirements of Annex V to the [Convention](/usc/33/1901.md?p=a-5) and the regulations prescribed under [subsection (a)(2)](#a-2), the [Secretary](/usc/33/1901.md?p=a-11) may, after consultation with appropriate Federal agencies, issue a certificate to that effect to the [person](/usc/33/1901.md?p=a-10) in charge of the port or [terminal](/usc/33/1901.md?p=a-14).
    - (B) The [Secretary](/usc/33/1901.md?p=a-11) may not issue a certificate attesting to the adequacy of reception facilities under this paragraph unless, prior to the issuance of the certificate, the [Secretary](/usc/33/1901.md?p=a-11) conducts an inspection of the reception facilities of the port or [terminal](/usc/33/1901.md?p=a-14) that is the subject of the certificate.
    - (C) The [Secretary](/usc/33/1901.md?p=a-11) may, with respect to certificates issued under this paragraph prior to October 19, 1996, prescribe by regulation differing periods of validity for such certificates.
  - (3) A certificate issued under this subsection—
    - (A) is valid for the 5-year period beginning on the date of issuance of the certificate, except that if—
      - (i) the charge for operation of the port or [terminal](/usc/33/1901.md?p=a-14) is transferred to a [person](/usc/33/1901.md?p=a-10) or entity other than the [person](/usc/33/1901.md?p=a-10) or entity that is the [operator](/usc/33/1901.md?p=a-9) on the date of issuance of the certificate—
        - (I) the certificate shall expire on the date that is 30 days after the date of the transfer; and
        - (II) the new [operator](/usc/33/1901.md?p=a-9) shall be required to submit an application for a certificate before a certificate may be issued for the port or [terminal](/usc/33/1901.md?p=a-14); or
      - (ii) the certificate is suspended or revoked by the [Secretary](/usc/33/1901.md?p=a-11), the certificate shall cease to be valid; and
    - (B) shall be available for inspection upon the request of the master, other [person](/usc/33/1901.md?p=a-10) in charge, or agent of a [ship](/usc/33/1901.md?p=a-12) using or intending to use the port or [terminal](/usc/33/1901.md?p=a-14).
  - (4) The suspension or revocation of a certificate issued under this subsection may be appealed to the [Secretary](/usc/33/1901.md?p=a-11) and acted on by the [Secretary](/usc/33/1901.md?p=a-11) in the manner prescribed by regulation.
- (d) **Publication of list of certificated ports or terminals—**
  - (1) The [Secretary](/usc/33/1901.md?p=a-11) shall maintain a list of ports or [terminals](/usc/33/1901.md?p=a-14) with respect to which a certificate issued under this section—
    - (A) is in effect; or
    - (B) has been revoked or suspended.
  - (2) The [Secretary](/usc/33/1901.md?p=a-11) shall make the list referred to in [paragraph (1)](#d-1) available to the general public.
- (e) **Entry; denial—**
  - (1) Except in the case of force majeure, the [Secretary](/usc/33/1901.md?p=a-11) shall deny entry to a seagoing [ship](/usc/33/1901.md?p=a-12) required by the [Convention](/usc/33/1901.md?p=a-5) or the [Antarctic Protocol](/usc/33/1901.md?p=a-3) to retain onboard while at sea, residues and mixtures containing oil or noxious liquid substances, if—
    - (A) the port or [terminal](/usc/33/1901.md?p=a-14) is one required by Annexes I and II of the [Convention](/usc/33/1901.md?p=a-5) or Article 9 of Annex IV to the [Antarctic Protocol](/usc/33/1901.md?p=a-3) or regulations hereunder to have adequate reception facilities; and
    - (B) the port or [terminal](/usc/33/1901.md?p=a-14) does not hold a valid certificate issued by the [Secretary](/usc/33/1901.md?p=a-11) under this section.
  - (2) The [Secretary](/usc/33/1901.md?p=a-11) may deny the entry of a [ship](/usc/33/1901.md?p=a-12) to a port or [terminal](/usc/33/1901.md?p=a-14) required by the [MARPOL Protocol](/usc/33/1901.md?p=a-4), this chapter, or regulations prescribed under this section relating to the provision of adequate reception facilities for garbage, ozone depleting substances, equipment containing those substances, or exhaust gas cleaning residues, if the port or [terminal](/usc/33/1901.md?p=a-14) is not in compliance with the [MARPOL Protocol](/usc/33/1901.md?p=a-4), this chapter, or those regulations.
- (f) **Surveys—**
  - (1) The [Secretary](/usc/33/1901.md?p=a-11) and the [Administrator](/usc/33/1901.md?p=a-1) are authorized to conduct surveys of existing reception facilities in the United States to determine measures needed to comply with the [MARPOL Protocol](/usc/33/1901.md?p=a-4) or the [Antarctic Protocol](/usc/33/1901.md?p=a-3).
  - (2) Not later than 18 months after October 19, 1996, the [Secretary](/usc/33/1901.md?p=a-11) shall promulgate regulations that require the [operator](/usc/33/1901.md?p=a-9) of each port or [terminal](/usc/33/1901.md?p=a-14) that is subject to any requirement of the [MARPOL Protocol](/usc/33/1901.md?p=a-4) relating to reception facilities to post a placard in a location that can easily be seen by port and [terminal](/usc/33/1901.md?p=a-14) users. The placard shall state, at a minimum, that a user of a reception facility of the port or [terminal](/usc/33/1901.md?p=a-14) should report to the [Secretary](/usc/33/1901.md?p=a-11) any inadequacy of the reception facility.

## Source credit

(Pub. L. 96–478, § 6, Oct. 21, 1980, 94 Stat. 2299; Pub. L. 100–220, title II, § 2103, Dec. 29, 1987, 101 Stat. 1461; Pub. L. 101–225, title II, § 201(1), Dec. 12, 1989, 103 Stat. 1910; Pub. L. 104–227, title II, § 201(d), Oct. 2, 1996, 110 Stat. 3042; Pub. L. 104–324, title VIII, § 801, Oct. 19, 1996, 110 Stat. 3943; Pub. L. 110–280, § 7, July 21, 2008, 122 Stat. 2614.)

## Notes

### Editorial Notes

### Amendments

2008—Subsec. (a)(3). Pub. L. 110–280, § 7(1), added par. (3).

Subsec. (b). Pub. L. 110–280, § 7(2), inserted “or the Administrator” after “Secretary”.

Subsec. (e)(2). Pub. L. 110–280, § 7(3), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “The Secretary may deny the entry of a ship to a port or terminal required by regulations issued under this section to provide adequate reception facilities for garbage if the port or terminal is not in compliance with those regulations.”

Subsec. (f)(1). Pub. L. 110–280, § 7(4), substituted “Secretary and the Administrator are” for “Secretary is”.

Subsec. (f)(2). Pub. L. 110–280, § 7(5), struck out subpar. (A) designation before “Not later”.

1996—Subsec. (b). Pub. L. 104–227, § 201(d)(1), inserted “or the Antarctic Protocol” after “the MARPOL Protocol”.

Subsec. (c)(2). Pub. L. 104–324, § 801(a)(1), (2), designated existing provisions as subpar. (A), substituted “Subject to subparagraph (B), if” for “If”, and added subpars. (B) and (C).

Subsec. (c)(3)(A). Pub. L. 104–324, § 801(a)(3), added subpar. (A) and struck out former subpar. (A) which read as follows: “is valid until suspended or revoked by the Secretary for cause or because of changed conditions; and”.

Subsec. (d). Pub. L. 104–324, § 801(a)(4), added subsec. (d) and struck out former subsec. (d) which read as follows: “The Secretary shall periodically cause to be published in the Federal Register a list of the ports or terminals holding a valid certificate issued under this section.”

Subsec. (e)(1). Pub. L. 104–227, § 201(d)(2), (3), inserted “or the Antarctic Protocol” after “the Convention” in introductory provisions and inserted “or Article 9 of Annex IV to the Antarctic Protocol” after “the Convention” in subpar. (A).

Subsec. (f). Pub. L. 104–324, § 801(b), designated existing provisions as par. (1) and added par. (2)(A).

Pub. L. 104–227, § 201(d)(4), inserted “or the Antarctic Protocol” after “the MARPOL Protocol”.

1989—Subsec. (c)(1). Pub. L. 101–225 substituted “Annex I and Annex II” for “Annex V”.

1987—Subsec. (a). Pub. L. 100–220, § 2103(a), designated existing provisions as par. (1), substituted “a port’s or terminal’s reception facilities for mixtures containing oil or noxious liquid substances” for “reception facilities of a port or terminal”, and added par. (2).

Subsec. (b). Pub. L. 100–220, § 2103(b), inserted “and in establishing regulations under subsection (a) of this section,” and “ships or”.

Subsec. (c). Pub. L. 100–220, § 2103(c), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “If, upon inspection, reception facilities of a port or terminal are adequate to meet the requirements of the MARPOL Protocol and the regulations established hereunder, the Secretary shall, after consultation with the Administrator of the Environmental Protection Agency, issue a certificate to that effect to the applicant. A certificate issued under this subsection—

“(1) is valid until suspended or revoked by the Secretary for cause or because of changed conditions; and

“(2) shall be available for inspection upon the request of the master, other person in charge, or agent of a seagoing ship using or intending to use the port or terminal.

The suspension or revocation of a certificate issued under this subsection may be appealed to the Secretary and acted on by him in the manner prescribed by regulation.”

Subsec. (e). Pub. L. 100–220, § 2103(d), designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, in subpar. (A), substituted “Annexes I and II of the Convention” for “the MARPOL Protocol”, and added par. (2).

### Statutory Notes and Related Subsidiaries

### Effective Date of 1987 Amendment

Amendment by Pub. L. 100–220 effective Dec. 31, 1988, the date on which Annex V to the International Convention for the Prevention of Pollution from Ships, 1973, entered into force for the United States, see section 2002(a) of Pub. L. 100–220, set out as a note under section 1901 of this title.

### Effective Date

Subsecs. (a), (c), and (f) of this section effective Oct. 21, 1980, see section 14(b) of Pub. L. 96–478, set out as a note under section 1901 of this title.