§ 1412a. Emergency dumping of industrial waste

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. 1977

   Pub. L. 95–153 § 4 · 91 Stat. 1255

   Enacted · 33 U.S.C. § 1412a

   Pub. L. 95–153, § 4, Nov. 4, 1977, 91 Stat. 1255

   Source evidence

   Code source credit
   Pub. L. 95–153, § 4, Nov. 4, 1977, 91 Stat. 1255

   Enacted provision · exact public law section
   Sec. 4. (a) The Administrator of the Environmental Protection Sewage sludge, ocean dumping, cessation. 33 USC 1412a. 33 USC 1411. Agency (hereinafter referred to in this section as the “Administrator”) shall end the dumping of sewage sludge into ocean waters, or into waters described in section 101 (b) of Public Law 92–532, as soon as possible after the date of enactment of this section, but in no case may the Administrator issue any permit, or any renewal thereof (under title I of the Marine Protection, Research, and Sanctuaries Act of 1972) which authorizes any such dumping after December 31, 1981. (b) For purposes of this section, the term “sewage sludge” means “Sewage sludge.” any solid, semisolid, or liquid waste generated by a municipal waste-water treatment plant the ocean dumping of which may unreasonably degrade or endanger human health, welfare, amenities, or the marine environment, ecological systems, or economic potentialities.

2. 1980

   Pub. L. 96–572 § 2(1) · 94 Stat. 3344

   Inserted · 33 U.S.C. § 1412a(a)

   Pub. L. 96–572, § 2(1), inserted applicability to industrial waste, exceptions respecting subsecs. (b) and (c) of this section, and conforming changes in phraseology

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 96–572, § 2(1), inserted applicability to industrial waste, exceptions respecting subsecs. (b) and (c) of this section, and conforming changes in phraseology.

   Enacted provision · exact public law section
   (1) by amending subsection (a)— (A) by inserting “and industrial waste” immediately after “sewage sludge”, (B) by striking out “Public Law 92–532” and inserting in lieu thereof “the Marine Protection, Research, and Sanctuaries Act of 1972”, (C) by inserting “, except as provided in subsections (b) and (c),” immediately before in no case”, and (D) by striking out “the Marine Protection, Research, and Sanctuaries” and inserting in lieu thereof “such”; and

3. 1980

   Pub. L. 96–572 § 2(2) · 94 Stat. 3344

   Struck · 33 U.S.C. § 1412a(b)

   Pub. L. 96–572, § 2(2), added subsec. (b). Former subsec. (b), defining “sewage sludge”, was struck out

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 96–572, § 2(2), added subsec. (b). Former subsec. (b), defining “sewage sludge”, was struck out.

   Enacted provision · exact public law section
   (2) by striking out subsection (b) and inserting in lieu thereof the following: “(b) After December 31, 1981, the Administrator may issue permits under such title I for the dumping of industrial waste into ocean waters, or into waters described m such section 101(b), if the Administrator determines— “(1) that the proposed dumping is necessary to conduct research— “(A) on new technology related to ocean dumping, or “(B) to determine whether the dumping of such substance will unreasonably degrade or endanger human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities; “(2) that the scale of the proposed dumping is such that the dumping will have minimal adverse impact upon the human health, welfare, and amenities, and the marine environment, ecological systems, and economic potentialities; and “(3) after consultation with the Secretary of Commerce, that the potential benefits of such research will outweigh any such adverse impact. Each permit issued pursuant to this subsection shall be subject to such conditions and restrictions as the Administrator determines to be necessary to minimize possible adverse impacts of such dumping. No permit issued by the Administrator pursuant to this subsection may have an effective period of more than six consecutive months. “(c) After December 31, 1981, the Administrator may issue emergency permits under such title I for the dumping of industrial waste into ocean waters, or into waters described in such section 101(b), if the Administrator determines that there has been demonstrated to exist an emergency, requiring the dumping of such waste, which poses an unacceptable risk relating to human health and admits of no other feasible solution. As used herein, ‘emergency’ refers to situations “Emergency.” requiring action with a marked degree of urgency. “(d) For purposes of this section— “(1) the term ‘sewage sludge’ means any solid, semisolid, or “Sewage sludge.” liquid waste generated by a municipal wastewater treatment plant the ocean dumping of which may unreasonably degrade or endanger human health, welfare, or amenities, or the marine environment, ecological systems, and economic potentialities; and “(2) the term ‘industrial waste’ means any solid, semisolid, or “Industrial waste.” liquid waste generated by a manufacturing or processing plant the ocean dumping of which may unreasonably degrade or endanger human health, welfare, or amenities, or the marine environment, ecological systems, and economic potentialities.”.

4. 1980

   Pub. L. 96–572 § 2(2) · 94 Stat. 3344

   Added · 33 U.S.C. § 1412a(c); 33 U.S.C. § 1412a(d)

   Pub. L. 96–572, § 2(2), added subsecs. (c) and (d)

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 96–572, § 2(2), added subsecs. (c) and (d).

   Enacted provision · exact public law section
   (2) by striking out subsection (b) and inserting in lieu thereof the following: “(b) After December 31, 1981, the Administrator may issue permits under such title I for the dumping of industrial waste into ocean waters, or into waters described m such section 101(b), if the Administrator determines— “(1) that the proposed dumping is necessary to conduct research— “(A) on new technology related to ocean dumping, or “(B) to determine whether the dumping of such substance will unreasonably degrade or endanger human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities; “(2) that the scale of the proposed dumping is such that the dumping will have minimal adverse impact upon the human health, welfare, and amenities, and the marine environment, ecological systems, and economic potentialities; and “(3) after consultation with the Secretary of Commerce, that the potential benefits of such research will outweigh any such adverse impact. Each permit issued pursuant to this subsection shall be subject to such conditions and restrictions as the Administrator determines to be necessary to minimize possible adverse impacts of such dumping. No permit issued by the Administrator pursuant to this subsection may have an effective period of more than six consecutive months. “(c) After December 31, 1981, the Administrator may issue emergency permits under such title I for the dumping of industrial waste into ocean waters, or into waters described in such section 101(b), if the Administrator determines that there has been demonstrated to exist an emergency, requiring the dumping of such waste, which poses an unacceptable risk relating to human health and admits of no other feasible solution. As used herein, ‘emergency’ refers to situations “Emergency.” requiring action with a marked degree of urgency. “(d) For purposes of this section— “(1) the term ‘sewage sludge’ means any solid, semisolid, or “Sewage sludge.” liquid waste generated by a municipal wastewater treatment plant the ocean dumping of which may unreasonably degrade or endanger human health, welfare, or amenities, or the marine environment, ecological systems, and economic potentialities; and “(2) the term ‘industrial waste’ means any solid, semisolid, or “Industrial waste.” liquid waste generated by a manufacturing or processing plant the ocean dumping of which may unreasonably degrade or endanger human health, welfare, or amenities, or the marine environment, ecological systems, and economic potentialities.”.

5. 1988

   Ocean Dumping Ban Act of 1988

   Pub. L. 100–688 § 1003(a)(1) · 102 Stat. 4139

   1. Redesignated · 33 U.S.C. § 1412a(a)

      Pub. L. 100–688, § 1003(a)(1), (3)–(5), redesignated subsec. (c) as (a)

   2. Substituted · 33 U.S.C. § 1412a(a)

      Pub. L. 100–688, § 1003(a)(1), (3)–(5), substituted “Notwithstanding section 104B of the Marine Protection, Research, and Sanctuaries Act of 1972 after” for “After” . Former subsec. (a), which related to cessation of dumping, with exceptions, was struck out

   3. Substituted · 33 U.S.C. § 1412a(a)

      Pub. L. 100–688, § 1003(a)(1), (3)–(5), substituted “title I of such Act” for “such title I” . Former subsec. (a), which related to cessation of dumping, with exceptions, was struck out

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–688, § 1003(a)(1), (3)–(5), redesignated subsec. (c) as (a), substituted “Notwithstanding section 104B of the Marine Protection, Research, and Sanctuaries Act of 1972 after” for “After”, and “title I of such Act” for “such title I”. Former subsec. (a), which related to cessation of dumping, with exceptions, was struck out.

   Enacted provision · exact public law section
   (1) by striking subsection (a);

6. 1988

   Ocean Dumping Ban Act of 1988

   Pub. L. 100–688 § 1003(a)(2) · 102 Stat. 4139

   Struck · 33 U.S.C. § 1412a(b)

   Pub. L. 100–688, § 1003(a)(2), (7), added subsec. (b). Former subsec. (b), which related to issuance of permits for dumping of industrial waste, was struck out

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 100–688, § 1003(a)(2), (7), added subsec. (b). Former subsec. (b), which related to issuance of permits for dumping of industrial waste, was struck out.

   Enacted provision · exact public law section
   (2) by striking subsection (b);

7. 1988

   Ocean Dumping Ban Act of 1988

   Pub. L. 100–688 § 1003(a)(3) · 102 Stat. 4139

   Redesignated · 33 U.S.C. § 1412a(c)

   Pub. L. 100–688, § 1003(a)(3), redesignated subsec. (c) as (a)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 100–688, § 1003(a)(3), redesignated subsec. (c) as (a).

   Enacted provision · exact public law section
   (3) by redesignating subsection (c), and any reference thereto, as subsection (a);

8. 1988

   Ocean Dumping Ban Act of 1988

   Pub. L. 100–688 § 1003(a)(6) · 102 Stat. 4139

   Struck · 33 U.S.C. § 1412a(d)

   Pub. L. 100–688, § 1003(a)(6), struck out subsec. (d) which related to definitions

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 100–688, § 1003(a)(6), struck out subsec. (d) which related to definitions.

   Enacted provision · exact public law section
   (6) by striking subsection (d); and

10 of 10 references resolved to an enrolled provision