§6939d — Title 42 The Public Health and Welfare | U.S. Code

Summary

Hazardous waste made on a public vessel does not have to follow the chapter’s rules for storage, paperwork, inspections, or recordkeeping until it is taken to a shore facility, unless one of two things happens: the waste stays on a public vessel more than 90 days after that vessel is put in reserve or taken out of service, or the waste is moved to another public vessel in U.S. waters and then remains on any public vessel more than 90 days after that transfer. The 90-day clock starts on the earlier of when the original vessel is put in reserve/out of service or when the waste is moved to another public vessel in U.S. waters. "Public vessel" means a vessel owned or bareboat chartered and run by the United States or a foreign nation unless it is used in commerce. "In reserve" and "in service" use the meanings in title 10. This does not change section 8681 of title 10.

Title 42, §6939d

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Any hazardous waste generated on a public vessel shall not be subject to the storage, manifest, inspection, or recordkeeping requirements of this chapter until such waste is transferred to a shore facility, unless—

(1)the waste is stored on the public vessel for more than 90 days after the public vessel is placed in reserve or is otherwise no longer in service; or

(2)the waste is transferred to another public vessel within the territorial waters of the United States and is stored on such vessel or another public vessel for more than 90 days after the date of transfer.

(b)For purposes of subsection (a), the 90-day period begins on the earlier of—

(1)the date on which the public vessel on which the waste was generated is placed in reserve or is otherwise no longer in service; or

(2)the date on which the waste is transferred from the public vessel on which the waste was generated to another public vessel within the territorial waters of the United States;

(c)For purposes of this section:

(1)The term “public vessel” means a vessel owned or bareboat chartered and operated by the United States, or by a foreign nation, except when the vessel is engaged in commerce.

(2)The terms “in reserve” and “in service” have the meanings applicable to those terms under section 8663 and sections 8674 through 8678 of title 10 and regulations prescribed under those sections.

(d)Nothing in this section shall be construed as altering or otherwise affecting the provisions of section 8681 of title 10.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Subsec. (c)(2). Pub. L. 115–232, § 809(n)(2)(A), substituted “section 8663 and sections 8674 through 8678 of title 10” for “section 7293 and sections 7304 through 7308 of title 10”. Subsec. (d). Pub. L. 115–232, § 809(n)(2)(B), substituted “section 8681 of title 10” for “section 7311 of title 10”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of

Amendments

and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces.

§6939d Public vessels

Summary

Title 42, §6939d

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata