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Title 33 — Navigation and Navigable Waters

Chapter 26 — Water Pollution Prevention and Control

§ 1266. Hudson River reclamation demonstration proj­ect

Statutory text

(a)

The Administrator is authorized to enter into contracts and other agreements with the State of New York to carry out a project to demonstrate methods for the selective removal of polychlorinated biphenyls contaminating bottom sediments of the Hudson River, treating such sediments as required, burying such sediments in secure landfills, and installing monitoring systems for such landfills. Such demonstration project shall be for the purpose of determining the feasibility of indefinite storage in secure landfills of toxic substances and of ascertaining the improvement of the rate of recovery of a toxic contaminated national waterway. No pollutants removed pursuant to this paragraph shall be placed in any landfill unless the Administrator first determines that disposal of the pollutants in such landfill would provide a higher standard of protection of the public health, safety, and welfare than disposal of such pollutants by any other method including, but not limited to, incineration or a chemical destruction process.

(b)

The Administrator is authorized to make grants to the State of New York to carry out this section from funds allotted to such State under section 1285(a) of this title, except that the amount of any such grant shall be equal to 75 per centum of the cost of the project and such grant shall be made on condition that non-Federal sources provide the remainder of the cost of such project. The authority of this section shall be available until . Funds allotted to the State of New York under section 1285(a) of this title shall be available under this subsection only to the extent that funds are not available, as determined by the Administrator, to the State of New York for the work authorized by this section under section 1265 or 1321 of this title or a comprehensive hazardous substance response and clean up fund. Any funds used under the authority of this subsection shall be deducted from any estimate of the needs of the State of New York prepared under section 1375(b) of this title. The Administrator may not obligate or expend more than $20,000,000 to carry out this section.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 96–483 § 10 · 94 Stat. 2360

    Enacted · 33 U.S.C. § 1266

    June 30, 1948, ch. 758, title I, § 116, as added Pub. L. 96–483, § 10, Oct. 21, 1980, 94 Stat. 2363

    Source evidence

    Code source credit
    June 30, 1948, ch. 758, title I, § 116, as added Pub. L. 96–483, § 10, Oct. 21, 1980, 94 Stat. 2363

    Enacted provision · exact public law section
    Sec. 10. Title I of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new section: “Sec. 116. “hudson river pcb reclamation demonstration project (a) The Administrator is authorized to enter into contracts Contracts and agreements. 33 USC 1266. and other agreements with the State of New York to carry out a project to demonstrate methods for the selective removal of poly-chlorinated biphenyls contaminating bottom sediments of the Hudson River, treating such sediments as required, burying such sediments in secure landfills, and installing monitoring systems for such landfills. Such demonstration project shall be for the purpose of determining the feasibility of indefinite storage in secure landfills of toxic substances and of ascertaining the improvement of the rate of recovery of a toxic contaminated national waterway. No pollutants removed pursuant to this paragraph shall be placed in any landfill unless the Administrator first determines that disposal of the pollutants in such landfill would provide a higher standard of protection of the public health, safety, and welfare than disposal of such pollutants by any other method including, but not limited to, incineration or a chemical destruction process. “(b) The Administrator is authorized to make grants to the State of Grants. New York to carry out this section from funds allotted to such State under section 205(a) of this Act, except that the amount of any such 33 USC 1285. grant shall be equal to 75 per centum of the cost of the project and such grant shall be made on condition that non-Federal sources provide the remainder of the cost of such project. The authority of this section shall be available until September 30, 1983. Funds allotted to the State of New York under section 205(a) shall be available under this subsection only to the extent that funds are not available, as determined by the Administrator, to the State of New York for the work authorized by this section under section 115 or 311 of this Act or a comprehensive hazardous substance response and 33 USC 1265, 1321. clean up fund. Any funds used under the authority of this subsection shall be deducted from any estimate of the needs of the State of New York prepared under section 616(b) of this Act. The Administrator may not obligate or expend more than $20,000,000 to carry out this section.”.

  2. Federal Reports Elimination Act of 1998

    Pub. L. 105–362 § 501(d)(2)(B) · 112 Stat. 3280

    Repealed · 33 U.S.C. § 1266(b)

    Pub. L. 105–362, § 501(d)(2)(B), which directed the substitution of “section 1375 of this title” for “section 1375(b) of this title” in penultimate sentence, was repealed by Pub. L. 107–303. See Effective Date of 2002 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–362, § 501(d)(2)(B), which directed the substitution of “section 1375 of this title” for “section 1375(b) of this title” in penultimate sentence, was repealed by Pub. L. 107–303. See Effective Date of 2002 Amendment note below.

    Enacted provision · exact public law section
    (B) The fourth sentence of section 116(b) of the Federal Water Pollution Control Act (33 U.S.C. 1266(b)) is amended by striking “section 616(b) of this Act” and inserting “section 516”.

    Effective date note
    Amendment by Pub. L. 107–303 effective Nov. 10, 1998, and Federal Water Pollution Act (33 U.S.C. 1251 et seq.) to be applied and administered on and after Nov. 27, 2002, as if amendments made by section 501(a)–(d) of Pub. L. 105–362 had not been enacted, see section 302(b) of Pub. L. 107–303, set out as a note under section 1254 of this title.

  3. Great Lakes and Lake Champlain Act of 2002

    Pub. L. 107–303 title III § 302(b)(1) · 116 Stat. 2355

    Repealed · 33 U.S.C. § 1266(b)

    Pub. L. 107–303 repealed Pub. L. 105–362, § 501(d)(2)(B). See 1998 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 107–303 repealed Pub. L. 105–362, § 501(d)(2)(B). See 1998 Amendment note below.

    Enacted provision · exact public law section
    (1) In general.— Effective November 10, 1998, section 501 of the Federal Reports Elimination Act of 1998 (Public Law 105—362; 112 Stat. 3283) is amended by striking subsections (a), (b), (c), and (d).

    Effective date note
    Amendment by Pub. L. 107–303 effective Nov. 10, 1998, and Federal Water Pollution Act (33 U.S.C. 1251 et seq.) to be applied and administered on and after Nov. 27, 2002, as if amendments made by section 501(a)–(d) of Pub. L. 105–362 had not been enacted, see section 302(b) of Pub. L. 107–303, set out as a note under section 1254 of this title.

3 of 3 references resolved to an enrolled provision

Editorial Notes

Amendments1998–2002 · 2 rounds

2002

Subsec. (b). Pub. L. 107–303 repealed Pub. L. 105–362, § 501(d)(2)(B). See 1998 Amendment note below.

1998

Subsec. (b). Pub. L. 105–362, § 501(d)(2)(B), which directed the substitution of “section 1375 of this title” for “section 1375(b) of this title” in penultimate sentence, was repealed by Pub. L. 107–303. See Effective Date of 2002 Amendment note below.

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–303 effective , and Federal Water Pollution Act (33 U.S.C. 1251 et seq.) to be applied and administered on and after , as if amendments made by section 501(a)–(d) of Pub. L. 105–362 had not been enacted, see section 302(b) of Pub. L. 107–303, set out as a note under section 1254 of this title.

Credits

1948–2002 · 3 acts
  1. 1948June 30, 1948, ch. 758, title I, § 116, as added Pub. L. 96–483, § 10, , 94 Stat. 2363
  2. 1998amended Pub. L. 105–362, title V, § 501(d)(2)(B), , 112 Stat. 3284
  3. 2002Pub. L. 107–303, title III, § 302(b)(1), , 116 Stat. 2361.
Show as published

(June 30, 1948, ch. 758, title I, § 116, as added Pub. L. 96–483, § 10, , 94 Stat. 2363; amended Pub. L. 105–362, title V, § 501(d)(2)(B), , 112 Stat. 3284; Pub. L. 107–303, title III, § 302(b)(1), , 116 Stat. 2361.)

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