§ 449. Disposition of dredged matter; persons liable; penalty

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. 1888

   Pub. L. 50–496 § 4 · 25 Stat. 209

   Enacted · 33 U.S.C. § 449

   June 29, 1888, ch. 496, § 4, 25 Stat. 210

   Source evidence

   Code source credit
   June 29, 1888, ch. 496, § 4, 25 Stat. 210

   Enacted provision · exact public law section
   Sec. 4. That all mud, dirt, sand, dredgings, and material of every Disposal of matter dredged. kind and description whatever taken, dredged, or excavated from any slip, basin, or shoal in the harbor of New York, or the waters adjacent or tributary thereto, and placed on any boat, scow, or vessel for the purpose of being taken or towed upon the waters of the harbor of New York to a place of deposit, shall be deposited and discharged at such place or within such limits as shall be defined and specified by the supervisor of the harbor, as in the third section of this act prescribed, and not otherwise. Every person, firm, or corporation Responsibility. being the owner of any slip, basin, or shoal, from which such mud, dirt, sand, dredgings, and material shall be taken, dredged, or excavated, and every person, firm, or corporation in any manner engaged in the work of dredging or excavating any such slip, basin, or shoal, or of removing such mud, dirt. sand, or dredgings therefrom. shall severally be responsible for the deposit and discharge of all such mud, dirt, sand, or dredgings at such place or within such limits so defined and prescribed by said supervisor of the harbor; and for every violation of the provisions of this section the person offending shall be guilty of an offense against this act, and shall be punished by a fine equal to the sum of five dollars for every cubic yard of mud, dirt, sand, dredgings, or material not deposited or discharged as required by this section. Any boat or vessel used or employed Legal proceedings. in violating any provision of this act, shall be liable to the pecuniary penalties imposed thereby, and may be proceeded against, summarily by way of libel in any district court of the United States, having jurisdiction thereof.

2. 1958

   Pub. L. 85–802 § 1(5) · 72 Stat. 970

   1. Substituted · 33 U.S.C. § 449

      Pub. L. 85–802 substituted “any harbor subject to this subchapter” for “the harbor of New York, or the waters adjacent or tributary thereto”

   2. Substituted · 33 U.S.C. § 449

      Pub. L. 85–802 substituted “the waters of that harbor” for “the waters of the harbor of New York”

   Source evidence

   Code amendment note
   Pub. L. 85–802 substituted “any harbor subject to this subchapter” for “the harbor of New York, or the waters adjacent or tributary thereto” and “the waters of that harbor” for “the waters of the harbor of New York”.

   Enacted provision · exact public law section
   (1) The first section (33 U. S. C. 441) is amended by striking out “tidal waters of the harbor of New York, or its adjacent or tributary waters, or in those of Long Island Sound,”, and inserting in lieu thereof “waters of any harbor subject to this Act,”.

   Effective date note
   Amendment by Pub. L. 85–802 effective on sixtieth day after Aug. 28, 1958, see section 2 of Pub. L. 85–802, set out as a note under section 441 of this title.

3 of 3 references resolved to an enrolled provision