§2605. Enforcement

33 U.S.C. § 2605

(a)

General authority— The Secretary of Transportation shall enforce this chapter under section 89¹ of title 14. The Secretary may authorize other officers or employees of the United States Government to enforce this chapter under that section.

(b)

Periodic examinations— The Secretary shall conduct periodic examinations of vessels operating under this chapter transporting municipal or commercial waste to determine that each of these vessels has a permit issued under section 2602 of this title.

(c)

Refusal of clearance— The Secretary of the Treasury may refuse the clearance required by section 60105 of title 46, to any vessel subject to this chapter which does not have a permit required under section 2602 of this title.

(d)

Denial of entry and detention— If a vessel does not comply with this chapter, the Secretary of Transportation may—

(1)

deny entry to any place in the United States; and

(2)

detain at the place in the United States from which it is about to depart.

(e)

Persistent violators— The Administrator shall conduct an investigation of the owner or operator of a vessel or facility if the owner has 5 or more separate violations during a 6-month period.

Footnotes

1 See References in Text note below.

Notes, amendments, and revision history

(Pub. L. 100–688, title IV, § 4105, Nov. 18, 1988, 102 Stat. 4157.)

Editorial Notes

References in Text

Section 89 of title 14, referred to in subsec. (a), was redesignated section 522 of title 14 by Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200, and reference to section 89 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard.

Codification

In subsec. (c), “section 60105 of title 46” substituted for “section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91)” on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 60105 of Title 46, Shipping.