§1343 Ocean Discharge Criteria

Summary

No permit for a discharge into the territorial sea, the contiguous zone, or the oceans can be issued unless it follows guidelines the Administrator creates. Before those guidelines exist, a permit can be given only if the Administrator finds it is in the public interest. One required permit rule cannot be waived for discharges into the territorial sea. The Administrator must create the guidelines within 180 days after October 18, 1972, and update them as needed. The guidelines must cover seven things: effects on human health and welfare (for example plankton, fish, shellfish, wildlife, shorelines, and beaches), effects on marine life (including movement and buildup of pollutants and changes in ecosystems and populations), effects on recreation, aesthetics, and the economy, how long the effects last, how different rates, volumes, and concentrations matter, other disposal or recycling options (including land-based alternatives), and effects on other ocean uses like mining and scientific study. If there is not enough information to judge any of these points for a proposed discharge, no permit may be issued.