Title 33 — Navigation and Navigable Waters
Chapter 39 — Shore Protection from Municipal or Commercial Waste
§ 2605. Enforcement
Statutory text
General authority
The Secretary of Transportation shall enforce this chapter under section 89 1 of title 14. The Secretary may authorize other officers or employees of the United States Government to enforce this chapter under that section.
Periodic examinations
The Secretary shall conduct periodic examinations of vessels operating under this chapter transporting municipal or commercial waste to determine that each of these vessels has a permit issued under section 2602 of this title.
Refusal of clearance
The Secretary of the Treasury may refuse the clearance required by section 60105 of title 46, to any vessel subject to this chapter which does not have a permit required under section 2602 of this title.
Denial of entry and detention
If a vessel does not comply with this chapter, the Secretary of Transportation may—
deny entry to any place in the United States; and
detain at the place in the United States from which it is about to depart.
Persistent violators
The Administrator shall conduct an investigation of the owner or operator of a vessel or facility if the owner has 5 or more separate violations during a 6-month period.
Footnotes
- 1 See References in Text note below.
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 § 4105 · 102 Stat. 4139
Enacted · 33 U.S.C. § 2605
(Pub. L. 100–688, title IV, § 4105, Nov. 18, 1988, 102 Stat. 4157.)
Source evidence
Code source credit
(Pub. L. 100–688, title IV, § 4105, Nov. 18, 1988, 102 Stat. 4157.)Enacted provision · exact public law section
SEC. 4105. ENFORCEMENT. (a) General Authority.— The Secretary of Transportation shall enforce this title under section 89 of title 14, United States Code. The Secretary may authorize other officers or employees of the United States Government to enforce this title under that section. (b) Periodic Examinations.— The Secretary shall conduct periodic examinations of vessels operating under this title transporting municipal or commercial waste to determine that each of these vessels has a permit issued under section 4102 of this Act. (c) Refusal of Clearance.— The Secretary of the Treasury may refuse the clearance required by section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91), to any vessel subject to this title which does not have a permit required under section 4102 of this Act. (d) Denial of Entry and Detention.— If a vessel does not comply with this title, the Secretary of Transportation may— (1) deny entry to any place in the United States; and (2) detain at the place in the United States from which it is about to depart. (e) Persistent Violators.— The Administrator shall conduct an investigation of the owner or operator of a vessel or facility if the owner has 5 or more separate violations during a 6-month period.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
Section 89 of title 14, referred to in subsec. (a), was redesignated section 522 of title 14 by Pub. L. 115–282, title I, § 105(b), , 132 Stat. 4200, and reference to section 89 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard.
Codification
In subsec. (c), “section 60105 of title 46” substituted for “section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91)” on authority of Pub. L. 109–304, § 18(c), , 120 Stat. 1709, which Act enacted section 60105 of Title 46, Shipping.