§1443 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The EPA Administrator must run research, tests, trainings, demonstrations, and surveys to find ways to stop or greatly reduce dumping of harmful material into the ocean and certain other waters as soon as possible after October 6, 1980. The work must also develop safer disposal methods instead of dumping. The Administrator must help, fund, and work with federal, state, local, and private agencies and groups to do this work. This does not change the December 31, 1981 deadline for ending ocean dumping of sewage sludge. The Administrator, working with the Secretary, the Secretary of Commerce, and other officials, must study whether coastal regions can use regional plans to manage waste disposal. Those plans should combine federal, state, regional, and local actions and cover what kinds of waste need disposal; the environmental, economic, social, and health effects and how they are measured; ways to reduce harm (like better production, disposal, and recycling); the laws that apply; and faster permitting. By no later than one year after April 7, 1986, the EPA and Commerce must report on sewage sludge disposal in the New York City area, comparing options (landfill, incineration, ocean dumping, reuse/recycling), giving cost estimates, and recommending any needed changes in rules or laws.

Title 33, §1443

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)The Administrator of the Environmental Protection Agency shall—

(1)conduct research, investigations, experiments, training, demonstrations, surveys, and studies for the purpose of—

(A)determining means of minimizing or ending, as soon as possible after October 6, 1980, the dumping into ocean waters, or waters described in section 1411(b) of this title, of material which may unreasonably degrade or endanger human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities, and

(B)developing disposal methods as alternatives to the dumping described in subparagraph (A); and

(2)encourage, cooperate with, promote the coordination of, and render financial and other assistance to appropriate public authorities, agencies, and institutions (whether Federal, State, interstate, or local) and appropriate private agencies, institutions, and individuals in the conduct of research and other activities described in paragraph (1).

(b)Nothing in this section shall be construed to affect in any way the December 31, 1981, termination date, established in section 1412a of this title, for the ocean dumping of sewage sludge.

(c)The Administrator, in cooperation with the Secretary, the Secretary of Commerce, and other officials of appropriate Federal, State, and local agencies, shall assess the feasibility in coastal areas of regional management plans for the disposal of waste materials. Such plans should integrate where appropriate Federal, State, regional, and local waste disposal activities into a comprehensive regional disposal strategy. These plans should address, among other things—

(1)the sources, quantities, and types of materials that require and will require disposal;

(2)the environmental, economic, social, and human health factors (and the methods used to assess these factors) associated with disposal alternatives;

(3)the improvements in production processes, methods of disposal, and recycling to reduce the adverse effects associated with such disposal alternatives;

(4)the applicable laws and regulations governing waste disposal; and

(5)improvements in permitting processes to reduce administrative burdens.

(d)The Administrator, in cooperation with the Secretary of Commerce, shall submit to the Congress and the President, not later than one year after April 7, 1986, a report on sewage sludge disposal in the New York City metropolitan region. The report shall—

(1)consider the factors listed in subsection (c) as they relate to landfilling, incineration, ocean dumping, or any other feasible disposal or reuse/recycling option;

(2)include an assessment of the cost of these alternatives; and

(3)recommend such regulatory or legislative changes as may be necessary to reduce the adverse impacts associated with sewage sludge disposal.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (a)(1)(A), October 6, 1980, was substituted for “the date of the enactment of this section”, which has been translated to reflect the probable intent of Congress as meaning the date of enactment of Pub. L. 96–381 which amended this section generally and which was approved Oct. 6, 1980.

Amendments

1986—Subsecs. (c), (d). Pub. L. 99–272 added subsecs. (c) and (d). 1980—Pub. L. 96–381 substituted provision authorizing the Administrator of the Environmental Protection Agency to conduct research, etc., and to encourage and cooperate with public authorities, etc., for the purpose of determining means of minimizing or ending, as soon as possible after Oct. 6, 1980, dumping in ocean waters, or waters described in section 1411(b) of this title, of materials which may unreasonably degrade or endanger human health or the marine environment and to develop disposal methods as alternatives to dumping for provision authorizing the Secretary of Commerce to conduct research, etc., and to encourage and cooperate with public authorities, etc., for the purpose of minimizing or ending all dumping of materials within five years after the

Effective Date

of Pub. L. 92–532, which was approved Oct. 23, 1972, and inserted provision directing that nothing in this section be construed to affect in any way the Dec. 31, 1981, termination date, established by section 1412a of this title for ocean dumping of sewage sludge.

§1443 Research program respecting ocean dumping and other methods of waste disposal