Title 33Navigation and Navigable WatersRelease 119-73

§1343 Ocean discharge criteria

Title 33 › Chapter CHAPTER 26— - WATER POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER IV— - PERMITS AND LICENSES › § 1343

Last updated Apr 6, 2026|Official source

Summary

No permit to dump into the territorial sea, the contiguous zone, or the oceans can be given unless it follows rules the Administrator must create. The Administrator must make those rules within 180 days after October 18, 1972 and update them as needed. Before the rules exist, a permit can be issued only if the Administrator decides it is in the public interest. The rules must cover things like harm to people and coastal areas (for example plankton, fish, wildlife, shorelines, and beaches), effects on marine life and food chains, impacts on recreation and the economy, how long harms last, how amounts and rates matter, other disposal or recycling options (including land-based), and effects on other ocean uses like mining and science. If there is not enough information to judge any of these points, no permit can be issued. Also, certain permit requirements for the territorial sea cannot be waived.

Full Legal Text

Title 33, §1343

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)No permit under section 1342 of this title for a discharge into the territorial sea, the waters of the contiguous zone, or the oceans shall be issued, after promulgation of guidelines established under subsection (c) of this section, except in compliance with such guidelines. Prior to the promulgation of such guidelines, a permit may be issued under such section 1342 of this title if the Administrator determines it to be in the public interest.
(b)The requirements of subsection (d) of section 1342 of this title may not be waived in the case of permits for discharges into the territorial sea.
(c)(1)The Administrator shall, within one hundred and eighty days after October 18, 1972 (and from time to time thereafter), promulgate guidelines for determining the degradation of the waters of the territorial seas, the contiguous zone, and the oceans, which shall include:
(A)the effect of disposal of pollutants on human health or welfare, including but not limited to plankton, fish, shellfish, wildlife, shorelines, and beaches;
(B)the effect of disposal of pollutants on marine life including the transfer, concentration, and dispersal of pollutants or their byproducts through biological, physical, and chemical processes; changes in marine ecosystem diversity, productivity, and stability; and species and community population changes;
(C)the effect of disposal, of pollutants on esthetic, recreation, and economic values;
(D)the persistence and permanence of the effects of disposal of pollutants;
(E)the effect of the disposal of varying rates, of particular volumes and concentrations of pollutants;
(F)other possible locations and methods of disposal or recycling of pollutants including land-based alternatives; and
(G)the effect on alternate uses of the oceans, such as mineral exploitation and scientific study.
(2)In any event where insufficient information exists on any proposed discharge to make a reasonable judgment on any of the guidelines established pursuant to this subsection no permit shall be issued under section 1342 of this title.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Discharges From Point Sources in United States Virgin Islands Attributable to Manufacture of Rum; Exemption; ConditionsDischarges from point sources in the United States Virgin Islands in existence on Aug. 5, 1983, attributable to the manufacture of rum not to be subject to the requirements of this section under certain conditions, see section 214(g) of Pub. L. 98–67, set out as a note under section 1311 of this title.

Executive Documents

Territorial Sea and Contiguous Zone of United States For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes under section 1331 of Title 43, Public Lands.

Reference

Citations & Metadata

Citation

33 U.S.C. § 1343

Title 33Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73