§ 1293a. Contained spoil disposal facilities

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. 1970

   River and Harbor Act of 1970

   Pub. L. 91–611 title I § 123 · 84 Stat. 1818

   Enacted · 33 U.S.C. § 1293a

   Pub. L. 91–611, title I, § 123, Dec. 31, 1970, 84 Stat. 1823

   Source evidence

   Code source credit
   Pub. L. 91–611, title I, § 123, Dec. 31, 1970, 84 Stat. 1823

   Enacted provision · exact public law section
   Sec. 123. (a) The Secretary of the Army, acting through the Chief Contained spell disposal facilities. of Engineers, is authorized to construct, operate, and maintain, subject to the provisions of subsection (e), contained spoil disposal facilities of sufficient capacity for a period not to exceed ten years, to meet the requirements of this section. Before establishing each such facility, the Secretary of the Army shall obtain the concurrence of appropriate local governments and shall consider the views and recommendations of the Administrator of the Environmental Protection Agency and shall comply with requirements of section 21 of the Federal Water Pollution Control Act, and of the National Environmental Ante, p. 107. Policy Act of 1969. Section 9 of the River and Harbor Act 83 Stat. 852. 42 USC 4321 and note. 30 Stat. 1151. 33 USC 401. of 1899 shall not apply to any facility authorized by this section. (b) The Secretary of the Army, acting through the Thief of Engineers, shall establish the contained spoil disposal facilities authorized in subsection (a) at the earliest practicable date, taking into consideration the views and recommendations of the Administrator of the Environmental Protection Agency as to those areas which, in the Administrator’s judgment, are most urgently in need of such facilities and pursuant to the requirements of the National Environmental Policy Act of 1969 and the Federal Water Pollution Control Act. (c) Prior to construction of any such facility, the appropriate State or States, interstate agency, municipality, or other appropriate political subdivision of the State shall agree in writing to (1) furnish all lands, easements, and rights-of-way necessary for the construction, operation, and maintenance of the facility; (2) contribute to the United States 25 per centum of the construction costs, such amount to be payable either in cash prior to construction, in installments during construction, or in installments, with interest at a rate to be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is initiated, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations, which are neither due or callable for redemption tor fifteen years from date of issue; (3) hold and save the United States free from damages due to construction, operation, and maintenance of the facility; and (4) except as provided in subsection (f), maintain the facility after completion of its use for disposal purposes in a manner satisfactory to the Secretary of the Army. (d) The requirement for appropriate non-Federal interest or interests to furnish an agreement to contribute 25 per centum of the construction costs as set forth in subsection (c) shall be waived by the Secretary of the Army upon a finding by the Administrator of the Environmental Protection Agency that for the area to which such construction applies, the State or States involved, interstate agency, municipality, and other appropriate political subdivision of the State and industrial concerns are participating in and in compliance with an approved plan for the general geographical area of the dredging activity for construction, modification, expansion, or rehabilitation of waste treatment facilities and the Administrator has found that applicable water quality standards are not being violated. (e) Not withstanding any other provision of law, all costs of disposal of dredged spoil from the project for the Great Lakes connecting channels, Michigan, shall be borne by the United States. (f) The participating non-Federal interest or interests shall retain title to all lands, easements, and rights-of-way furnished by it pursuant to subsection (c). A spoil disposal facility owned by a non-Federal interest or interests may be conveyed to another party only after completion of the facility’s use for disposal purposes and after the transferee agrees in writing to use or maintain the facility in a manner which the Secretary of the Army determines to be satisfactory. (g) Any spoil disposal facilities constructed under the provisions of this section shall be made available to Federal licensees or permittees upon payment of an appropriate charge for such use. Twenty-five per centum of such charge shall be remitted to the participating non-Federal interest or interests except for those, excused from contributing to the construction costs under subsections (d) and (e). (h) This section, other than subsection (i), shall be applicable only to the Great Lakes and their connecting channels. (i) The Chief of Engineers, under the direction of the Secretary of the Army, is hereby authorized to extend to all navigable waters, connecting channels, tributary streams, other waters of the United States and waters contiguous to the United States, a comprehensive program of research, study, and experimentation relating to dredged spoil. This program shall be carried out in cooperation with other Federal and State agencies, and shall include, but not be limited to, investigations on the characteristics of dredged spoil, and alternative methods of its disposal. To the extent that such study shall include the effects of such dredge spoil on water quality, the facilities and personnel of the Environmental Protection Agency shall be utilized.

2. 1974

   Pub. L. 93–251 title I § 23 · [88 Stat. 12]

   Inserted · 33 U.S.C. § 1293a(d)

   Pub. L. 93–251 inserted provision for waiver of payments in event of a written agreement before occurrence of findings

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 93–251 inserted provision for waiver of payments in event of a written agreement before occurrence of findings.

   Enacted provision · exact public law section
   Sec. 23. Section 123 of the River and Harbor Act of 1970 (84 Stat. 33 USC 1165a. 1818, 1823) is hereby amended by adding at the end of subsection (d) of such section the following: “In the event such findings occur after the appropriate non-Federal interest or interests have entered into the agreement required by subsection (c), any payments due after the date of such findings as part of the required local contribution of 25 per centum of the construction costs shall be waived by the Secretary of the Army.”.

3. 1988

   Water Resources Development Act of 1988

   Pub. L. 100–676 § 24(a) · 102 Stat. 4012

   Added · 33 U.S.C. § 1293a(j)

   Pub. L. 100–676, § 24(a), added subsec. (j)

   Source evidence

   Code amendment note
   Subsec. (j). Pub. L. 100–676, § 24(a), added subsec. (j).

   Enacted provision · exact public law section
   (a) Period for Depositing Dredged Materials.— Section 123 of the River and Harbor Act of 1970 (33 U.S.C. 1293a) is amended by adding at the end thereof the following new subsection: “(j) Period for Depositing Dredged Materials.— The Secretary of the Army, acting through the Chief of Engineers, is authorized to continue to deposit dredged materials into a contained spoil disposal facility constructed under this section until the Secretary determines that such facility is no longer needed for such purpose or that such facility is completely full.”.

4. 1988

   Water Resources Development Act of 1988

   Pub. L. 100–676 § 24(b) · 102 Stat. 4012

   Added · 33 U.S.C. § 1293a(k)

   Pub. L. 100–676, § 24(b), added subsec. (k)

   Source evidence

   Code amendment note
   Subsec. (k). Pub. L. 100–676, § 24(b), added subsec. (k).

   Enacted provision · exact public law section
   (b) Study and Monitoring Program.— Such section is further amended by adding at the end thereof the following new subsection: “(k) Study and Monitoring Program.— “(1) Study.— The Secretary of the Army, acting through the Chief of Engineers, shall conduct a study of the materials disposed of in contained spoil disposal facilities constructed under this section for the purpose of determining whether or not toxic pollutants are present in such facilities and for the purpose of determining the concentration levels of each of such pollutants in such facilities. “(2) Report.— Not later than 1 year after the date of the enactment of this subsection, the Secretary shall transmit to Congress a report on the results of the study conducted under paragraph (1). “(3) Inspection and monitoring program.— The Secretary shall conduct a program to inspect and monitor contained spoil disposal facilities constructed under this section for the purpose of determining whether or not toxic pollutants are leaking from such facilities. “(4) Toxic pollutant defined.— For purposes of this subsection, the term ‘toxic pollutant’ means those toxic pollutants referred to in sections 301(b)(2)(C) and 301(b)(2)(D) of the Federal Water Pollution Control Act and such other pollutants as the Secretary, in consultation with the Administrator of the Environmental Protection Agency, determines are appropriate based on their effects on human health and the environment.”.

4 of 4 references resolved to an enrolled provision