§ 1905. Pollution reception 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. 1980

   Act to Prevent Pollution from Ships

   Pub. L. 96–478 § 6 · 94 Stat. 2297

   Enacted · 33 U.S.C. § 1905

   Pub. L. 96–478, § 6, Oct. 21, 1980, 94 Stat. 2299

   Source evidence

   Code source credit
   Pub. L. 96–478, § 6, Oct. 21, 1980, 94 Stat. 2299

   Enacted provision · exact public law section
   Sec. 6. (a) The Secretary, after consultation with the Administrator Pollution reception facilities, adequacy. 33 USC 1905. of the Environmental Protection Agency, shall establish regulations setting criteria for determining the adequacy of reception facilities of a port or terminal and shall establish procedures whereby a person in charge of a port or terminal may request the Secretary to certify that the port’s or terminal’s facilities for receiving the residues and mixtures containing oil or noxious liquid substance from seagoing ships are adequate. (b) In determining the adequacy of reception facilities required by the MARPOL Protocol at a port or terminal, the Secretary may consider, among other things, the number and types of seagoing ships using the port or terminal, including their principal trades. (c) If, upon inspection, reception facilities of a port or terminal are Certificate issuance. adequate to meet the requirements of the MARPOL Protocol and the regulations established hereunder, the Secretary shall, after consultation with the Administrator of the Environmental Protection Agency, issue a certificate to that effect to the applicant. A certificate issued under this subsection— (1) is valid until suspended or revoked by the Secretary for cause or because of changed conditions; and (2) shall be available for inspection upon the request of the master, other person in charge, or agent of a seagoing ship using or intending to use the port or terminal. The suspension or revocation of a certificate issued under this subsection may be appealed to the Secretary and acted on by him in the manner prescribed by regulation. (d) The Secretary shall periodically cause to be published in the Publication in Federal Register. Federal Register a list of the ports or terminals holding a valid certificate issued under this section. (e) Except in the case of force majeure, the Secretary shall deny Entry denial. entry to a seagoing ship required by the Convention to retain onboard while at sea, residues and mixtures containing oil or noxious liquid substances, if— (1) the port or terminal is one required by the MARPOL Protocol or regulations hereunder to nave adequate reception facilities; and (2) the port or terminal does not hold a valid certificate issued by the Secretary under this section. (f) The Secretary is authorized to conduct surveys of existing reception facilities in the United States to determine measures needed to comply with the MARPOL Protocol.

2. 1987

   United States-Japan Fishery Agreement Approval Act of 1987

   Pub. L. 100–220 § 2103(a) · 101 Stat. 1458

   1. Amended · 33 U.S.C. § 1905(a)

      Pub. L. 100–220, § 2103(a), designated existing provisions as par. (1)

   2. Substituted · 33 U.S.C. § 1905(a)

      Pub. L. 100–220, § 2103(a), substituted “a port’s or terminal’s reception facilities for mixtures containing oil or noxious liquid substances” for “reception facilities of a port or terminal”

   3. Added · 33 U.S.C. § 1905(a)

      Pub. L. 100–220, § 2103(a), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–220, § 2103(a), designated existing provisions as par. (1), substituted “a port’s or terminal’s reception facilities for mixtures containing oil or noxious liquid substances” for “reception facilities of a port or terminal”, and added par. (2).

   Enacted provision · exact public law section
   (a) Determination of Adequacy of Facilities.— Section 6(a) of the Act to Prevent Pollution from Ships is amended— 33 USC 1905. (1) by inserting “(1)” immediately after “(a)”; (2) in subsection (a)(1), as so redesignated, by striking “reception facilities of a port or terminal” and inserting in lieu thereof the following: “a port’s or terminal’s reception facilities for mixtures containing oil or noxious liquid substances”; and (3) by adding at the end the following: “(2) The Secretary, after consulting with appropriate Federal Regulations. agencies, shall establish regulations setting criteria for deter-mining the adequacy of reception facilities for garbage at a port or terminal, and stating such additional measures and requirements as are appropriate to ensure such adequacy. Persons in charge of ports and terminals shall provide reception facilities, or ensure that such facilities are available, for receiving garbage in accordance with those regulations.”.

   Effective date note
   Amendment by Pub. L. 100–220 effective Dec. 31, 1988, the date on which Annex V to the International Convention for the Prevention of Pollution from Ships, 1973, entered into force for the United States, see section 2002(a) of Pub. L. 100–220, set out as a note under section 1901 of this title.

3. 1987

   United States-Japan Fishery Agreement Approval Act of 1987

   Pub. L. 100–220 § 2103(b) · 101 Stat. 1458

   Inserted · 33 U.S.C. § 1905(b)

   Pub. L. 100–220, § 2103(b), inserted “and in establishing regulations under subsection (a) of this section,” and “ships or”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 100–220, § 2103(b), inserted “and in establishing regulations under subsection (a) of this section,” and “ships or”.

   Enacted provision · exact public law section
   (b) Consideration of Number and Types of Ships.— Section 6(b) 33 USC 1905. of the Act to Prevent Pollution from Ships is amended by striking “terminal,” the first time it appears and inserting in lieu thereof the following: “terminal, and in establishing regulations under subsection (a) of this section,” and by striking “seagoing ships” and inserting in lieu thereof the following: “ships or seagoing ships”.

   Effective date note
   Amendment by Pub. L. 100–220 effective Dec. 31, 1988, the date on which Annex V to the International Convention for the Prevention of Pollution from Ships, 1973, entered into force for the United States, see section 2002(a) of Pub. L. 100–220, set out as a note under section 1901 of this title.

4. 1987

   United States-Japan Fishery Agreement Approval Act of 1987

   Pub. L. 100–220 § 2103(c) · 101 Stat. 1458

   Amended · 33 U.S.C. § 1905(c)

   Pub. L. 100–220, § 2103(c), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “If, upon inspection, reception facilities of a port or terminal are adequate to meet the requirements of the MARPOL Protocol and the regulations established hereunder, the Secretary shall, after consultation with the Administrator of the Environmental Protection Agency, issue a certificate to that effect to the applicant. A certificate issued under this subsection—

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 100–220, § 2103(c), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “If, upon inspection, reception facilities of a port or terminal are adequate to meet the requirements of the MARPOL Protocol and the regulations established hereunder, the Secretary shall, after consultation with the Administrator of the Environmental Protection Agency, issue a certificate to that effect to the applicant. A certificate issued under this subsection—

   “(1) is valid until suspended or revoked by the Secretary for cause or because of changed conditions; and “(2) shall be available for inspection upon the request of the master, other person in charge, or agent of a seagoing ship using or intending to use the port or terminal. The suspension or revocation of a certificate issued under this subsection may be appealed to the Secretary and acted on by him in the manner prescribed by regulation.”

   Enacted provision · exact public law section
   (c) Certificate Issuance.— Section 6(c) of the Act to Prevent Pollution from Ships is amended to read as follows: “(c) (1) If reception facilities of a port or terminal meet the requirements of Annex V to the Convention and the regulations prescribed under subsection (a)(1), the Secretary shall, after consultation with the Administrator of the Environmental Protection Agency, issue a certificate to that effect to the applicant. “(2) If reception facilities of a port or terminal meet the requirements of Annex V to the Convention and the regulations prescribed under subsection (a)(2), the Secretary may, after consultation with appropriate Federal agencies, issue a certificate to that effect to the person in charge of the port or terminal. “(3) A certificate issued under this subsection— “(A) is valid until suspended or revoked by the Secretary for cause or because of changed conditions; and “(B) shall be available for inspection upon the request of the master, other person in charge, or agent of a ship using or intending to use the port or terminal. “(4) The suspension or revocation of a certificate issued under this subsection may be appealed to the Secretary and acted on by the Secretary in the manner prescribed by regulation.”.

   Effective date note
   Amendment by Pub. L. 100–220 effective Dec. 31, 1988, the date on which Annex V to the International Convention for the Prevention of Pollution from Ships, 1973, entered into force for the United States, see section 2002(a) of Pub. L. 100–220, set out as a note under section 1901 of this title.

5. 1987

   United States-Japan Fishery Agreement Approval Act of 1987

   Pub. L. 100–220 § 2103(d) · 101 Stat. 1458

   1. Amended · 33 U.S.C. § 1905(e)

      Pub. L. 100–220, § 2103(d), designated existing provisions as par. (1)

   2. Redesignated · 33 U.S.C. § 1905(e)

      Pub. L. 100–220, § 2103(d), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, in subpar. (A)

   3. Substituted · 33 U.S.C. § 1905(e)

      Pub. L. 100–220, § 2103(d), substituted “Annexes I and II of the Convention” for “the MARPOL Protocol”

   4. Added · 33 U.S.C. § 1905(e)

      Pub. L. 100–220, § 2103(d), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 100–220, § 2103(d), designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, in subpar. (A), substituted “Annexes I and II of the Convention” for “the MARPOL Protocol”, and added par. (2).

   Enacted provision · exact public law section
   (d) Entry Denial.— Section 6(e) of the Act to Prevent Pollution from Ships is amended— (1) by inserting “(1)” immediately after “(e)”; (2) by striking “(1)” and inserting in lieu thereof “(A)”; (3) by striking “(2)” and inserting in lieu thereof “(B)”; (4) in subparagraph (A), as so redesignated, by striking “the MARPOL Protocol” and inserting in lieu thereof the following: “Annexes I and II of the Convention”; and (5) by adding at the end the following: “(2) The Secretary may deny the entry of a ship to a port or terminal required by regulations issued under this section to provide adequate reception facilities for garbage if the port or terminal is not in compliance with those regulations.”.

   Effective date note
   Amendment by Pub. L. 100–220 effective Dec. 31, 1988, the date on which Annex V to the International Convention for the Prevention of Pollution from Ships, 1973, entered into force for the United States, see section 2002(a) of Pub. L. 100–220, set out as a note under section 1901 of this title.

6. 1989

   Coast Guard Authorization Act of 1989

   Pub. L. 101–225 title II § 201(1) · 103 Stat. 1908

   Substituted · 33 U.S.C. § 1905(c)(1)

   Pub. L. 101–225 substituted “Annex I and Annex II” for “Annex V”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 101–225 substituted “Annex I and Annex II” for “Annex V”.

   Enacted provision · exact public law section
   (1) in section 6(c)(1), by striking “Annex V” and inserting “Annex I and Annex II”;

7. 1996

   Antarctic Science, Tourism, and Conservation Act of 1996

   Pub. L. 104–227 § 201(d)(1) · 110 Stat. 3034

   Inserted · 33 U.S.C. § 1905(b)

   Pub. L. 104–227, § 201(d)(1), inserted “or the Antarctic Protocol” after “the MARPOL Protocol”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–227, § 201(d)(1), inserted “or the Antarctic Protocol” after “the MARPOL Protocol”.

   Enacted provision · exact public law section
   (1) in subsection (b) by inserting “or the Antarctic Protocol” after “the MARPOL Protocol”;

8. 1996

   Antarctic Science, Tourism, and Conservation Act of 1996

   Pub. L. 104–227 § 201(d)(2) · 110 Stat. 3034

   1. Inserted · 33 U.S.C. § 1905(e)(1)

      Pub. L. 104–227, § 201(d)(2), (3), inserted “or the Antarctic Protocol” after “the Convention” in introductory provisions

   2. Inserted · 33 U.S.C. § 1905(e)(1)

      Pub. L. 104–227, § 201(d)(2), (3), inserted “or Article 9 of Annex IV to the Antarctic Protocol” after “the Convention” in subpar. (A)

   Source evidence

   Code amendment note
   Subsec. (e)(1). Pub. L. 104–227, § 201(d)(2), (3), inserted “or the Antarctic Protocol” after “the Convention” in introductory provisions and inserted “or Article 9 of Annex IV to the Antarctic Protocol” after “the Convention” in subpar. (A).

   Enacted provision · exact public law section
   (2) in subsection (e)(i) by inserting “or the Antarctic Protocol” after “the Convention”;

9. 1996

   Antarctic Science, Tourism, and Conservation Act of 1996

   Pub. L. 104–227 § 201(d)(4) · 110 Stat. 3034

   Inserted · 33 U.S.C. § 1905(f)

   Pub. L. 104–227, § 201(d)(4), inserted “or the Antarctic Protocol” after “the MARPOL Protocol”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 104–227, § 201(d)(4), inserted “or the Antarctic Protocol” after “the MARPOL Protocol”.

   Enacted provision · exact public law section
   (4) in subsection (f) by inserting “or the Antarctic Protocol” after “the MARPOL Protocol”.

10. 1996

    Coast Guard Authorization Act of 1996

    Pub. L. 104–324 § 801(a)(1) · 110 Stat. 3901

    1. Amended · 33 U.S.C. § 1905(c)(2)

       Pub. L. 104–324, § 801(a)(1), (2), designated existing provisions as subpar. (A)

    2. Substituted · 33 U.S.C. § 1905(c)(2)

       Pub. L. 104–324, § 801(a)(1), (2), substituted “Subject to subparagraph (B), if” for “If”

    3. Added · 33 U.S.C. § 1905(c)(2)

       Pub. L. 104–324, § 801(a)(1), (2), added subpars. (B) and (C)

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 104–324, § 801(a)(1), (2), designated existing provisions as subpar. (A), substituted “Subject to subparagraph (B), if” for “If”, and added subpars. (B) and (C).

    Enacted provision · exact public law section
    (1) by striking “(2) If” in subsection (c)(2) and inserting “(2)(A) Subject to subparagraph (B), if”; and

11. 1996

    Coast Guard Authorization Act of 1996

    Pub. L. 104–324 § 801(a)(3) · 110 Stat. 3901

    1. Added · 33 U.S.C. § 1905(c)(3)(A)

       Pub. L. 104–324, § 801(a)(3), added subpar. (A)

    2. Struck · 33 U.S.C. § 1905(c)(3)(A)

       Pub. L. 104–324, § 801(a)(3), struck out former subpar. (A) which read as follows: “is valid until suspended or revoked by the Secretary for cause or because of changed conditions; and”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(A). Pub. L. 104–324, § 801(a)(3), added subpar. (A) and struck out former subpar. (A) which read as follows: “is valid until suspended or revoked by the Secretary for cause or because of changed conditions; and”.

    Enacted provision · exact public law section
    (3) by striking subsection (c)(3)(A) and inserting the following: “(A) is valid for the 5-year period beginning on the date of issuance of the certificate, except that if— “(i) the charge for operation of the port or terminal is transferred to a person or entity other than the person or entity that is the operator on the date of issuance of the certificate— “(I) the certificate shall expire on the date that is 30 days after the date of the transfer; and “(II) the new operator shall be required to submit an application for a certificate before a certificate may be issued for the port or terminal; or “(ii) the certificate is suspended or revoked by the Secretary, the certificate shall cease to be valid; and”; and

12. 1996

    Coast Guard Authorization Act of 1996

    Pub. L. 104–324 § 801(a)(4) · 110 Stat. 3901

    1. Added · 33 U.S.C. § 1905(d)

       Pub. L. 104–324, § 801(a)(4), added subsec. (d)

    2. Struck · 33 U.S.C. § 1905(d)

       Pub. L. 104–324, § 801(a)(4), struck out former subsec. (d) which read as follows: “The Secretary shall periodically cause to be published in the Federal Register a list of the ports or terminals holding a valid certificate issued under this section.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 104–324, § 801(a)(4), added subsec. (d) and struck out former subsec. (d) which read as follows: “The Secretary shall periodically cause to be published in the Federal Register a list of the ports or terminals holding a valid certificate issued under this section.”

    Enacted provision · exact public law section
    (4) by striking subsection (d) and inserting the following: “(d) (1) The Secretary shall maintain a list of ports or terminals with respect to which a certificate issued under this section— “(A) is in effect; or “(B) has been revoked or suspended. “(2) The Secretary shall make the list referred to in paragraph (1) available to the general public.”.

13. 1996

    Coast Guard Authorization Act of 1996

    Pub. L. 104–324 § 801(b) · 110 Stat. 3901

    1. Amended · 33 U.S.C. § 1905(f)

       Pub. L. 104–324, § 801(b), designated existing provisions as par. (1)

    2. Added · 33 U.S.C. § 1905(f)

       Pub. L. 104–324, § 801(b), added par. (2)(A)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 104–324, § 801(b), designated existing provisions as par. (1) and added par. (2)(A).

    Enacted provision · exact public law section
    (b) Reception Facility Placards.— Section 6(f) of the Act to Prevent Pollution From Ships (33 U.S.C. 1905(f)) is amended— (1) by inserting “(1)” before “The Secretary”; and (2) by adding at the end the following new paragraph: “(2) (A) Not later than 18 months after the date of enactment of the Coast Guard Authorization Act of 1996, the Secretary shall promulgate regulations that require the operator of each port or terminal that is subject to any requirement of the MARPOL Protocol relating to reception facilities to post a placard in a location that can easily be seen by port and terminal users. The placard shall state, at a minimum, that a user of a reception facility of the port or terminal should report to the Secretary any inadequacy of the reception facility.”.

14. 2008

    Maritime Pollution Prevention Act of 2008

    Pub. L. 110–280 § 7(1) · 122 Stat. 2611

    Added · 33 U.S.C. § 1905(a)(3)

    Pub. L. 110–280, § 7(1), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 110–280, § 7(1), added par. (3).

    Enacted provision · exact public law section
    (1) in subsection (a) by adding at the end the following: “(3) The Secretary and the Administrator, after consulting with appropriate Federal agencies, shall jointly prescribe regulations setting criteria for determining the adequacy of reception facilities for receiving ozone depleting substances, equipment containing such substances, and exhaust gas cleaning residues at a port or terminal, and stating any additional measures and requirements as are appropriate to ensure such adequacy. Persons in charge of ports and terminals shall provide reception facilities, or ensure that reception facilities are available, in accordance with those regulations. The Secretary and the Administrator may jointly prescribe regulations to certify, and may issue certificates to the effect, that a port’s or terminal’s facilities for receiving ozone depleting substances, equipment containing such substances, and exhaust gas cleaning residues from ships are adequate.” ;

15. 2008

    Maritime Pollution Prevention Act of 2008

    Pub. L. 110–280 § 7(2) · 122 Stat. 2611

    Inserted · 33 U.S.C. § 1905(b)

    Pub. L. 110–280, § 7(2), inserted “or the Administrator” after “Secretary”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 110–280, § 7(2), inserted “or the Administrator” after “Secretary”.

    Enacted provision · exact public law section
    (2) in subsection (b) by inserting “or the Administrator” after “Secretary”;

16. 2008

    Maritime Pollution Prevention Act of 2008

    Pub. L. 110–280 § 7(3) · 122 Stat. 2611

    1. Added · 33 U.S.C. § 1905(e)(2)

       Pub. L. 110–280, § 7(3), added par. (2)

    2. Struck · 33 U.S.C. § 1905(e)(2)

       Pub. L. 110–280, § 7(3), struck out former par. (2). Prior to amendment, text read as follows: “The Secretary may deny the entry of a ship to a port or terminal required by regulations issued under this section to provide adequate reception facilities for garbage if the port or terminal is not in compliance with those regulations.”

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 110–280, § 7(3), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “The Secretary may deny the entry of a ship to a port or terminal required by regulations issued under this section to provide adequate reception facilities for garbage if the port or terminal is not in compliance with those regulations.”

    Enacted provision · exact public law section
    (3) in subsection (e) by striking paragraph (2) and inserting the following: “(2) The Secretary may deny the entry of a ship to a port or terminal required by the MARPOL Protocol, this Act, or regulations prescribed under this section relating to the provision of adequate reception facilities for garbage, ozone depleting substances, equipment containing those substances, or exhaust gas cleaning residues, if the port or terminal is not in compliance with the MARPOL Protocol, this Act, or those regulations.” ;

17. 2008

    Maritime Pollution Prevention Act of 2008

    Pub. L. 110–280 § 7(4) · 122 Stat. 2611

    Substituted · 33 U.S.C. § 1905(f)(1)

    Pub. L. 110–280, § 7(4), substituted “Secretary and the Administrator are” for “Secretary is”

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 110–280, § 7(4), substituted “Secretary and the Administrator are” for “Secretary is”.

    Enacted provision · exact public law section
    (4) in subsection (f)(1) by striking “Secretary is” and inserting “Secretary and the Administrator are”; and

18. 2008

    Maritime Pollution Prevention Act of 2008

    Pub. L. 110–280 § 7(5) · 122 Stat. 2611

    Struck · 33 U.S.C. § 1905(f)(2)

    Pub. L. 110–280, § 7(5), struck out subpar. (A) designation before “Not later”

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 110–280, § 7(5), struck out subpar. (A) designation before “Not later”.

    Enacted provision · exact public law section
    (5) in subsection (f)(2) by striking “(A)”.

30 of 30 references resolved to an enrolled provision