Title 33 — Navigation and Navigable Waters
Chapter 39 — Shore Protection from Municipal or Commercial Waste
§ 2603. Waste handling practices
Statutory text
In general
Loading
The owner or operator of the waste source shall take all reasonable steps to assure that all municipal or commercial waste is loaded onto a vessel in a manner that assures that waste deposited in coastal waters is minimized.
Securing
The owner or operator of a vessel shall assure that all municipal or commercial waste loaded onto the vessel is secured by netting or other means to assure that waste will not be deposited into coastal waters during transport.
Offloading
The owner or operator of the receiving facility shall take all reasonable steps to assure that any municipal or commercial waste is offloaded from a vessel in a manner that assures that waste deposited into coastal waters is minimized.
Cleaning up
The owner or operator of any waste source or receiving facility shall provide adequate control measures to clean up any municipal or commercial waste which is deposited into coastal waters.
Regulations
The Administrator, in consultation with the Secretary of Transportation, shall prescribe regulations—
requiring that waste sources, receiving facilities, and vessels provide the means and facilities to assure that the waste will not be deposited into coastal waters during loading, offloading, and transport;
requiring, as appropriate, the submission and adoption by each responsible party of an operation and maintenance manual identifying procedures to be used to prevent, report, and clean up any deposit of municipal or commercial waste into coastal waters, including record keeping requirements; and
if the Administrator determines that tracking systems are required to assure adequate enforcement of laws preventing the deposit of municipal or commercial waste into coastal waters, requiring installation of the appropriate systems within 18 months after the Administrator makes that determination.
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.
Shore Protection Act of 1988
Pub. L. 100–688 title IV § 4103 · 102 Stat. 4139
Enacted · 33 U.S.C. § 2603
(Pub. L. 100–688, title IV, § 4103, Nov. 18, 1988, 102 Stat. 4156.)
Source evidence
Code source credit
(Pub. L. 100–688, title IV, § 4103, Nov. 18, 1988, 102 Stat. 4156.)Enacted provision · exact public law section
SEC. 4103. WASTE HANDLING PRACTICES (a) In General.— (1) Loading.— The owner or operator of the waste source shall take all reasonable steps to assure that all municipal or commercial waste is loaded onto a vessel in a manner that assures that waste deposited in coastal waters is minimized. (2) Securing.— The owner or operator of a vessel shall assure that all municipal or commercial waste loaded onto the vessel is secured by netting or other means to assure that waste will not be deposited into coastal waters during transport. (3) Offloading.— The owner or operator of the receiving facility shall take all reasonable steps to assure that any municipal or commercial waste is offloaded from a vessel in a manner that assures that waste deposited into coastal waters is minimized. (4) Cleaning up.— The owner or operator of any waste source or receiving facility shall provide adequate control measures to clean up any municipal or commercial waste which is deposited into coastal waters. (b) Regulations.— The Administrator, in consultation with the Secretary of Transportation, shall prescribe regulations— (1) requiring that waste sources, receiving facilities, and vessels provide the means and facilities to assure that the waste will not be deposited into coastal waters during loading, offloading, and transport; (2) requiring, as appropriate, the submission and adoption by each responsible party of an operation and maintenance manual identifying procedures to be used to prevent, report, and clean up any deposit of municipal or commercial waste into coastal waters, including record keeping requirements; and (3) if the Administrator determines that tracking systems are required to assure adequate enforcement of laws preventing the deposit of municipal or commercial waste into coastal waters, requiring installation of the appropriate systems within 18 months after the Administrator makes that determination.
1 of 1 references resolved to an enrolled provision
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 100–688, title IV, § 4204(c), , 102 Stat. 4160, provided that: “Section 4103 of this Act [33 U.S.C. 2603] takes effect 60 days after the date of enactment of this Act [].”