§ 1402. Definitions

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. 1972

   Marine Protection, Research, and Sanctuaries Act of 1972

   Pub. L. 92–532 § 3 · 86 Stat. 1052

   Enacted · 33 U.S.C. § 1402

   Pub. L. 92–532, § 3, Oct. 23, 1972, 86 Stat. 1052

   Source evidence

   Code source credit
   Pub. L. 92–532, § 3, Oct. 23, 1972, 86 Stat. 1052

   Enacted provision · exact public law section
   Sec. 3. definitions For the purposes of this Act the term— (a) “Administrator’ means the Administrator of the Environmental Protection Agency. (b) “Ocean waters” means those waters of the open seas lying sea-ward of the base line from which the territorial sea is measured, as provided for in the Convention on the Territorial Sea and the Contiguous Zone (15 UST 1606; TIAS 5639). (c) “Material” means matter of any kind or description, including, but not limited to, dredged material, solid waste, incinerator residue, garbage, sewage, sewage sludge, munitions, radiological, chemical, and biological warfare agents, radioactive materials, chemicals, biological and laboratory waste, wreck or discarded equipment, rock, sand, excavation debris, and industrial, municipal, agricultural, and other waste; but such term does not mean oil within the meaning of section 11 of the Ante, p. 816. Federal Water Pollution Control Act, as amended (33 U.S.C. 1161) and does not mean sewage from vessels within the meaning of section 13 of such Act (33 U.S.C. 1163). (d) “United States” includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, the territories and possessions of the United States, and the Trust Territory of the Pacific Islands. (e) “Person” means any private person or entity, or any officer, employee, agent, department, agency, or instrumentality of the Federal Government, of any State or local unit of government, or of any foreign government. (f) “Dumping” means a disposition of material: Provided, That it does not mean a disposition of any effluent from any outfall structure to the extent that such disposition is regulated under the provisions of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1151–1175), under the provisions of section 13 of the Rivers and Harbors Act of 1899, as amended (33 U.S.C. 407), or under the provisions of the 30 Stat. 1152. Atomic Energy Act of 1954, as amended (42 U.S.C. 2011, et seq.), nor 68 Stat. 921. does it mean a routine discharge of effluent incidental to the propulsion of, or operation of motor-driven equipment on, vessels: provided further, That it does not mean the construction of any fixed structure or artificial island nor the intentional placement of any device in ocean waters or on or in the submerged land beneath such waters, for a purpose other than disposal, when such construction or such placement is otherwise regulated by Federal or State law or occurs pursuant to an authorized Federal or State program: And provided further, That it does not include the deposit of oyster shells, or other materials when such deposit is made for the purpose of developing, maintaining, or harvesting fisheries resources and is other-wise regulated by Federal or State law or occurs pursuant to an authorized Federal or State program. (g) “District court of the United States” includes the District Court of Guam, the District Court of the Virgin Islands, the District Court of Puerto Rico, the District Court of the Canal Zone, and in the case of American Samoa and the Trust Territory of the Pacific Islands, the District Court of the United States for the District of Hawaii, which court shall have jurisdiction over actions arising therein. (h) “Secretary” means the Secretary of the Army. (i) “Dredged material” means any material excavated or dredged from the navigable waters of the United States. (j) “High-level radioactive waste” means the aqueous waste resulting from the operation of the first cycle solvent extraction system, or equivalent, and the concentrated waste from subsequent extraction cycles, or equivalent, in a facility for reprocessing irradiated reactor fuels, or irradiated fuel from nuclear power reactors. (k) “Transport” or “transportation” refers to the carriage and related handling of any material by a vessel, or by any other vehicle, including aircraft.

2. 1974

   Pub. L. 93–254 § 1(2)(A) · [88 Stat. 50]

   Substituted · 33 U.S.C. § 1402(c)

   Pub. L. 93–254, § 1(2)(A), substituted “sewage from vessels within the meaning of section 1322 of this title. Oil within the meaning of section 1321 of this title shall be included only to the extent that such oil is taken on board a vessel or aircraft for the purpose of dumping.” for “oil within the meaning of section 11 of the Federal Water Pollution Control Act and does not mean sewage from vessels within the meaning of section 13 of such Act.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 93–254, § 1(2)(A), substituted “sewage from vessels within the meaning of section 1322 of this title. Oil within the meaning of section 1321 of this title shall be included only to the extent that such oil is taken on board a vessel or aircraft for the purpose of dumping.” for “oil within the meaning of section 11 of the Federal Water Pollution Control Act and does not mean sewage from vessels within the meaning of section 13 of such Act.”

   Enacted provision · exact public law section
   (1) Section 2 is amended by deleting the last sentence thereof and by adding a new subsection to read as follows: “(c) It is the purpose of this Act to regulate (1) the transportation by any person of material from the United States and, in the case of United States vessels, aircraft, or agencies, the transportation of material from a location outside the United States, when in either case the transportation is for the purpose of dumping the material into ocean waters, and (2) the dumping of material transported by any person from a location outside the United States, if the dumping occurs in the territorial sea or the contiguous zone of the United States.”.

   Effective date note
   Amendment 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.

3. 1974

   Pub. L. 93–254 § 1(2)(C) · [88 Stat. 50]

   Added · 33 U.S.C. § 1402(l)

   Pub. L. 93–254, § 1(2)(C), added subsec. (l)

   Source evidence

   Code amendment note
   Subsec. (l). Pub. L. 93–254, § 1(2)(C), added subsec. (l).

   Enacted provision · exact public law section
   (1) Section 2 is amended by deleting the last sentence thereof and by adding a new subsection to read as follows: “(c) It is the purpose of this Act to regulate (1) the transportation by any person of material from the United States and, in the case of United States vessels, aircraft, or agencies, the transportation of material from a location outside the United States, when in either case the transportation is for the purpose of dumping the material into ocean waters, and (2) the dumping of material transported by any person from a location outside the United States, if the dumping occurs in the territorial sea or the contiguous zone of the United States.”.

   Effective date note
   Amendment 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.

4. 1988

   Pub. L. 100–688 title III § 3201(a) · 102 Stat. 4139

   1. Added · 33 U.S.C. § 1402(k)(m)

      Pub. L. 100–688 added subsec. (k)

   2. Redesignated · 33 U.S.C. § 1402(k)(m)

      Pub. L. 100–688 redesignated former subsecs. (k) and (l) as (l) and (m), respectively

   Source evidence

   Code amendment note
   Subsecs. (k) to (m). Pub. L. 100–688 added subsec. (k) and redesignated former subsecs. (k) and (l) as (l) and (m), respectively.

   Enacted provision · exact public law section
   (a) Definition.— Section 3 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1402) is amended— (1) by redesignating subsection (k) and (1), and any reference thereto, as subsections (1) and (m), respectively; and (2) by inserting after subsection (j) the following: “(k) ‘Medical waste’ means isolation wastes; infectious agents; human blood and blood products; pathological wastes; sharps; body parts; contaminated bedding; surgical wastes and potentially contaminated laboratory wastes; dialysis wastes; and such additional medical items as the Administrator shall prescribe by regulation.”.

5 of 5 references resolved to an enrolled provision