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Title 33 — Navigation and Navigable Waters

Chapter 27 — Ocean Dumping

§ 1443. Research program respecting ocean dumping and other methods of waste disposal

Statutory text

(a)

Cooperation with public authorities, agencies, and institutions, private agencies and institutions, and individuals

The Administrator of the Environmental Protection Agency shall—

(1)

conduct research, investigations, experiments, training, demonstrations, surveys, and studies for the purpose of—

(A)

determining means of minimizing or ending, as soon as possible after , the dumping into ocean waters, or waters described in section 1411(b) of this title, of material which may unreasonably degrade or endanger human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities, and

(B)

developing disposal methods as alternatives to the dumping described in subparagraph (A); and

(2)

encourage, cooperate with, promote the coordination of, and render financial and other assistance to appropriate public authorities, agencies, and institutions (whether Federal, State, interstate, or local) and appropriate private agencies, institutions, and individuals in the conduct of research and other activities described in paragraph (1).

(b)

Termination date for ocean dumping of sewage sludge not affected

Nothing in this section shall be construed to affect in any way the , termination date, established in section 1412a of this title, for the ocean dumping of sewage sludge.

(c)

Regional management plans for waste disposal

The Administrator, in cooperation with the Secretary, the Secretary of Commerce, and other officials of appropriate Federal, State, and local agencies, shall assess the feasibility in coastal areas of regional management plans for the disposal of waste materials. Such plans should integrate where appropriate Federal, State, regional, and local waste disposal activities into a comprehensive regional disposal strategy. These plans should address, among other things—

(1)

the sources, quantities, and types of materials that require and will require disposal;

(2)

the environmental, economic, social, and human health factors (and the methods used to assess these factors) associated with disposal alternatives;

(3)

the improvements in production processes, methods of disposal, and recycling to reduce the adverse effects associated with such disposal alternatives;

(4)

the applicable laws and regulations governing waste disposal; and

(5)

improvements in permitting processes to reduce administrative burdens.

(d)

Report on sewage disposal in New York metropolitan area

The Administrator, in cooperation with the Secretary of Commerce, shall submit to the Congress and the President, not later than one year after , a report on sewage sludge disposal in the New York City metropolitan region. The report shall—

(1)

consider the factors listed in subsection (c) as they relate to landfilling, incineration, ocean dumping, or any other feasible disposal or reuse/recycling option;

(2)

include an assessment of the cost of these alternatives; and

(3)

recommend such regulatory or legislative changes as may be necessary to reduce the adverse impacts associated with sewage sludge disposal.

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. Marine Protection, Research, and Sanctuaries Act of 1972

    Pub. L. 92–532 title II § 203 · 86 Stat. 1052

    Enacted · 33 U.S.C. § 1443

    Pub. L. 92–532, title II, § 203, Oct. 23, 1972, 86 Stat. 1061

    Source evidence

    Code source credit
    Pub. L. 92–532, title II, § 203, Oct. 23, 1972, 86 Stat. 1061

    Enacted provision · exact public law section
    Sec. 203. The Secretary of Commerce shall conduct and encourage, Federal-State cooperation. cooperate with, and render financial and other assistance to appropriate public (whether Federal, State, interstate, or local) authorities, agencies, and institutions, private agencies and institutions, and individuals in the conduct of, and to promote the coordination of, research, investigations, experiments, training, demonstrations, surveys, and studies for the purpose of determining means of minimizing or ending all dumping of materials within five years of the effective date of this Act.

  2. Pub. L. 96–381 § 1 · 94 Stat. 1523

    1. Substituted · 33 U.S.C. § 1443

      Pub. L. 96–381 substituted provision authorizing the Administrator of the Environmental Protection Agency to conduct research, etc., and to encourage and cooperate with public authorities, etc., for the purpose of determining means of minimizing or ending, as soon as possible after Oct. 6, 1980, dumping in ocean waters, or waters described in section 1411(b) of this title, of materials which may unreasonably degrade or endanger human health or the marine environment and to develop disposal methods as alternatives to dumping for provision authorizing the Secretary of Commerce to conduct research, etc., and to encourage and cooperate with public authorities, etc., for the purpose of minimizing or ending all dumping of materials within five years after the effective date of Pub. L. 92–532, which was approved Oct. 23, 1972

    2. Inserted · 33 U.S.C. § 1443

      Pub. L. 96–381 inserted provision directing that nothing in this section be construed to affect in any way the Dec. 31, 1981, termination date, established by section 1412a of this title for ocean dumping of sewage sludge

    Source evidence

    Code amendment note
    Pub. L. 96–381 substituted provision authorizing the Administrator of the Environmental Protection Agency to conduct research, etc., and to encourage and cooperate with public authorities, etc., for the purpose of determining means of minimizing or ending, as soon as possible after Oct. 6, 1980, dumping in ocean waters, or waters described in section 1411(b) of this title, of materials which may unreasonably degrade or endanger human health or the marine environment and to develop disposal methods as alternatives to dumping for provision authorizing the Secretary of Commerce to conduct research, etc., and to encourage and cooperate with public authorities, etc., for the purpose of minimizing or ending all dumping of materials within five years after the effective date of Pub. L. 92–532, which was approved Oct. 23, 1972, and inserted provision directing that nothing in this section be construed to affect in any way the Dec. 31, 1981, termination date, established by section 1412a of this title for ocean dumping of sewage sludge.

    Enacted provision · exact public law section
    (1) by striking out “and” immediately after “fiscal year 1977,”, and

  3. Consolidated Omnibus Budget Reconciliation Act of 1985

    Pub. L. 99–272 title VI § 6063 · 100 Stat. 82

    Added · 33 U.S.C. § 1443(c); 33 U.S.C. § 1443(d)

    Pub. L. 99–272 added subsecs. (c) and (d)

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 99–272 added subsecs. (c) and (d).

    Enacted provision · exact public law section
    SEC. 6063. REGIONAL MANAGEMENT PLANS. Section 203 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1443) is amended by adding at the end thereof the following new subsections: “(c) The Administrator, in cooperation with the Secretary, the State and local governments. Waste disposal. Secretary of Commerce, and other officials of appropriate Federal, State, and local agencies, shall assess the feasibility in coastal areas of regional management plans for the disposal of waste materials. Such plans should integrate where appropriate Federal, State, regional, and local waste disposal activities into a comprehensive regional disposal strategy. These plans should address, among other things— “(1) the sources, quantities, and types of materials that require and will require disposal; “(2) the environmental, economic, social, and human health factors (and the methods used to assess these factors) associated with disposal alternatives; “(3) the improvements in production processes, methods of disposal, and recycling to. reduce the adverse effects associated with such disposal alternatives; “(4) the applicable laws and regulations governing waste disposal; and “(5) improvements in permitting processes to reduce administrative burdens. “(d) The Administrator, in cooperation with the Secretary of Commerce, shall submit to the Congress and the President, not later than one year after the date of enactment of this provision, a report on sewage sludge disposal in the New York City metropolitan region. The report shall— “(1) consider the factors listed in subsection (c) as they relate to landfilling, incineration, ocean dumping, or any other feasible disposal or reuse/recycling option; “(2) include an assessment of the cost of these alternatives; and “(3) recommend such regulatory or legislative changes as may be necessary to reduce the adverse impacts associated with sewage sludge disposal.”,

4 of 4 references resolved to an enrolled provision

Editorial Notes

Codification

In subsec. (a)(1)(A), , was substituted for “the date of the enactment of this section”, which has been translated to reflect the probable intent of Congress as meaning the date of enactment of Pub. L. 96–381 which amended this section generally and which was approved .

Amendments1980–1986 · 2 rounds

1986

Subsecs. (c), (d). Pub. L. 99–272 added subsecs. (c) and (d).

1980

Pub. L. 96–381 substituted provision authorizing the Administrator of the Environmental Protection Agency to conduct research, etc., and to encourage and cooperate with public authorities, etc., for the purpose of determining means of minimizing or ending, as soon as possible after , dumping in ocean waters, or waters described in section 1411(b) of this title, of materials which may unreasonably degrade or endanger human health or the marine environment and to develop disposal methods as alternatives to dumping for provision authorizing the Secretary of Commerce to conduct research, etc., and to encourage and cooperate with public authorities, etc., for the purpose of minimizing or ending all dumping of materials within five years after the effective date of Pub. L. 92–532, which was approved , and inserted provision directing that nothing in this section be construed to affect in any way the , termination date, established by section 1412a of this title for ocean dumping of sewage sludge.

Credits

1972–1986 · 3 acts
  1. 1972Pub. L. 92–532, title II, § 203, , 86 Stat. 1061
  2. 1980Pub. L. 96–381, § 1, , 94 Stat. 1523
  3. 1986Pub. L. 99–272, title VI, § 6063, , 100 Stat. 131.
Show as published

(Pub. L. 92–532, title II, § 203, , 86 Stat. 1061; Pub. L. 96–381, § 1, , 94 Stat. 1523; Pub. L. 99–272, title VI, § 6063, , 100 Stat. 131.)

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