§1412 Dumping permit program

Summary

The Administrator may allow people or U.S. agencies to get permits to dump material into ocean waters after public notice and hearings. Permits cannot be issued for radiological or chemical or biological warfare agents, high‑level radioactive waste, or medical waste, and dredged material is handled under a different rule. Before issuing a permit, the Administrator must find that the dumping will not unduly harm people, the environment, or the economy. The Administrator must use set review criteria and consider things like why the dumping is needed; effects on health, jobs, recreation, and beaches; impacts on fish, shellfish, wildlife, and marine ecosystems (how the material moves, changes in diversity and populations); how long effects will last; the amounts and concentrations; land‑based or recycling alternatives; and effects on other ocean uses. The Administrator should, when possible, pick sites beyond the edge of the Continental Shelf. The Administrator can create different kinds of permits, including general permits. The Administrator must pick specific sites or time windows for dumping to reduce harm. Dumping of certain materials can be banned at particular sites or times, and those bans apply to all permits. For dredged material sites, the Administrator and the Secretary must make a site management plan with public input. Each plan must have a baseline of conditions, a monitoring program, special management actions, an assessment of the amount and contaminants of material, plans for long‑term use and closure, and a review schedule at least every 10 years. No site gets a final designation after January 1, 1995 unless it has a management plan. Starting January 1, 1997, and for the LA–3 site starting January 1, 2011, no dumping permit may be issued for a site unless it has a final designation or an approved alternative. Fish wastes usually do not need permits unless dumped in harbors or protected waters or if the Administrator finds they could be harmful. A permit from a foreign State Party to the Convention for U.S. agencies or U.S.‑flag vessels may be treated as if the Administrator issued it, but U.S. agencies must have the Administrator’s agreement before applying for such foreign permits.