Title 33, Navigation and Navigable WatersRelease 119-110
§1412 Dumping Permit Program
Title 33 › CHAPTER 27 — OCEAN DUMPING › SUBCHAPTER I — REGULATION › § 1412
Summary
The EPA can give permits to allow people or U.S. ships and planes to carry material out of the United States and dump it into ocean waters, or to dump material into certain U.S. waters. No permit can be issued for dredged material (that is handled under section 1413) or for radiological, chemical or biological warfare agents, high-level radioactive waste, or medical waste. Before issuing a permit, the EPA must give public notice, offer hearings, and decide that the dumping will not harm people, public uses, or the marine environment. The EPA must use written criteria to review permit requests and consider things like the need for the dumping; effects on health, recreation, and local economies; effects on fisheries, plankton, wildlife, and beaches; impacts on marine ecosystems (how the material moves, changes diversity or stability, and affects populations); how long effects last; amounts and concentrations; land-based or recycling alternatives; and impacts on other ocean uses. The EPA must consult federal, state, and local officials and apply any binding international Convention standards where that does not weaken U.S. rules. Permits cannot be issued if they would break water quality standards. The EPA may create different permit types, including general permits. The EPA must pick dumping sites or time periods that cut harm as much as possible. If needed, the EPA can ban dumping of certain materials at a site or during a time, and that ban applies to all dumping there. For dredged-material sites, the EPA and the Secretary of the Army must make a public site management plan that includes a baseline, monitoring, special protections, contaminant and quantity checks, long-term use and closure plans, and a review schedule (at least every 10 years). No site gets final designation after January 1, 1995, without such a plan, and after January 1, 1997, no permit may be issued for a site unless it has a final plan or an approved alternative (special rule for the LA–3 site applies until January 1, 2011). Fish wastes usually do not need a permit unless dumped in harbors or protected waters or if the EPA finds a local danger. If a U.S. agency or U.S.-flag ship wants to export material from a foreign State Party to the Convention and that foreign state issues a proper Convention permit, the EPA will accept that permit as if it were its own, but a U.S. agency must get EPA approval before applying to the foreign state.
Full Legal Text
Title 33, §1412
Navigation and Navigable Waters, Source: USLM XML via OLRC
(a)Environmental Protection Agency permits
Except in relation to dredged material, as provided for in section 1413 of this title, and in relation to radiological, chemical, and biological warfare agents, high-level radioactive waste, and medical waste, for which no permit may be issued, the Administrator may issue permits, after notice and opportunity for public hearings, for the transportation from the United States or, in the case of an agency or instrumentality of the United States, or in the case of a vessel or aircraft registered in the United States or flying the United States flag, for the transportation from a location outside the United States, of material for the purpose of dumping it into ocean waters, or for the dumping of material into the waters described in section 1411(b) of this title, where the Administrator determines that such dumping will not unreasonably degrade or endanger human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities. The Administrator shall establish and apply criteria for reviewing and evaluating such permit applications, and, in establishing or revising such criteria, shall consider, but not be limited in his consideration to, the following :
(A)The need for the proposed dumping.
(B)The effect of such dumping on human health and welfare, including economic, esthetic, and recreational values.
(C)The effect of such dumping on fisheries resources, plankton, fish, shellfish, wildlife, shore lines and beaches.
(D)The effect of such dumping on marine ecosystems, particularly with respect to—
(i)the transfer, concentration, and dispersion of such material and its byproducts through biological, physical, and chemical processes.
(ii)potential changes in marine ecosystem diversity, productivity, and stability, and
(iii)species and community population dynamics.
(E)The persistence and permanence of the effects of the dumping.
(F)The effect of dumping particular volumes and concentrations of such materials.
(G)Appropriate locations and methods of disposal or recycling, including land-based alternatives and the probable impact of requiring use of such alternate locations or methods upon considerations affecting the public interest.
(H)The effect on alternate uses of oceans, such as scientific study, fishing, and other living resource exploitation, and non-living resource exploitation.
(I)In designating recommended sites, the Administrator shall utilize wherever feasible locations beyond the edge of the Continental Shelf.
In establishing or revising such criteria, the Administrator shall consult with Federal, State, and local officials, and interested members of the general public, as may appear appropriate to the Administrator. With respect to such criteria as may affect the civil works program of the Department of the Army, the Administrator shall also consult with the Secretary. In reviewing applications for permits, the Administrator shall make such provision for consultation with interested Federal and State agencies as he deems useful or necessary. No permit shall be issued for a dumping of material which will violate applicable water quality standards. To the extent that he may do so without relaxing the requirements of this subchapter, the Administrator, in establishing or revising such criteria, shall apply the standards and criteria binding upon the United States under the Convention, including its Annexes.
(b)Permit categories
The Administrator may establish and issue various categories of permits, including the general permits described in section 1414(c) of this title.
(c)Designation of sites
(1)In general
The Administrator shall, in a manner consistent with the criteria established pursuant to subsection (a), designate sites or time periods for dumping. The Administrator shall designate sites or time periods for dumping that will mitigate adverse impact on the environment to the greatest extent practicable.
(2)Prohibitions regarding site or time period
In any case where the Administrator determines that, with respect to certain materials, it is necessary to prohibit dumping at a site or during a time period, the Administrator shall prohibit the dumping of such materials in such site or during such time period. This prohibition shall apply to any dumping at the site or during such time period. This prohibition shall apply to any dumping at the site or during the time period, including any dumping under section 1413(e) of this title.
(3)Dredged material disposal sites
In the case of dredged material disposal sites, the Administrator, in conjunction with the Secretary, shall develop a site management plan for each site designated pursuant to this section. In developing such plans, the Administrator and the Secretary shall provide opportunity for public comment. Such plans shall include, but not be limited to—
(A)a baseline assessment of conditions at the site;
(B)a program for monitoring the site;
(C)special management conditions or practices to be implemented at each site that are necessary for protection of the environment;
(D)consideration of the quantity of the material to be disposed of at the site, and the presence, nature, and bioavailability of the contaminants in the material;
(E)consideration of the anticipated use of the site over the long term, including the anticipated closure date for the site, if applicable, and any need for management of the site after the closure of the site; and
(F)a schedule for review and revision of the plan (which shall not be reviewed and revised less frequently than 10 years after adoption of the plan, and every 10 years thereafter).
(4)General site management plan requirement; prohibitions
After January 1, 1995, no site shall receive a final designation unless a management plan has been developed pursuant to this section. Beginning on January 1, 1997, no permit for dumping pursuant to this Act or authorization for dumping under section 1413(e) of this title shall be issued for a site (other than the site located off the coast of Newport Beach, California, which is known as “LA–3”) unless such site has received a final designation pursuant to this subsection or an alternative site has been selected pursuant to section 1413(b) of this title. Beginning January 1, 2011, no permit for dumping pursuant to this Act or authorization for dumping under section 1413(e) of this title shall be issued for the site located off the coast of Newport Beach, California, which is known as “LA–3”, unless such site has received a final designation pursuant to this subsection or an alternative site has been selected pursuant to section 1413(b) of this title.
(5)Management plans for previously designated sites
The Administrator shall develop a site management plan for any site designated prior to January 1, 1995, as expeditiously as practicable, but not later than January 1, 1997, giving priority consideration to management plans for designated sites that are considered to have the greatest impact on the environment.
(d)Fish wastes
No permit is required under this subchapter for the transportation for dumping or the dumping of fish wastes, except when deposited in harbors or other protected or enclosed coastal waters, or where the Administrator finds that such deposits could endanger health, the environment, or ecological systems in a specific location. Where the Administrator makes such a finding, such material may be deposited only as authorized by a permit issued by the Administrator under this section.
(e)Foreign State permits; acceptance
In the case of transportation of material, by an agency or instrumentality of the United States or by a vessel or aircraft registered in the United States or flying the United States flag, from a location in a foreign State Party to the Convention, a permit issued pursuant to the authority of that foreign State Party, in accordance with Convention requirements, and which otherwise could have been issued pursuant to subsection (a) of this section, shall be accepted, for the purposes of this subchapter, as if it were issued by the Administrator under the authority of this section: Provided, That in the case of an agency or instrumentality of the United States, no application shall be made for a permit to be issued pursuant to the authority of a foreign State Party to the Convention unless the Administrator concurs in the filing of such application.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
This Act, referred to in subsec. (c)(4), means Pub. L. 92–532, which is classified generally to this chapter, chapter 41 (§ 2801 et seq.) of this title, and chapters 32 (§ 1431 et seq.) and 32A (§ 1447 et seq.) of Title 16, Conservation.
Amendments
2007—Subsec. (c)(4). Pub. L. 110–114 substituted “
January 1, 2011” for “
January 1, 2003” in third sentence. 1999—Subsec. (c)(4). Pub. L. 106–53 substituted “
January 1, 2003” for “
January 1, 2000” in third sentence. 1996—Subsec. (c)(4). Pub. L. 104–303 inserted “(other than the site located off the coast of Newport Beach, California, which is known as ‘LA–3’)” after “for a site” and inserted at end “Beginning
January 1, 2000, no permit for dumping pursuant to this Act or authorization for dumping under section 1413(e) of this title shall be issued for the site located off the coast of Newport Beach, California, which is known as ‘LA–3’, unless such site has received a final designation pursuant to this subsection or an alternative site has been selected pursuant to section 1413(b) of this title.” 1992—Subsec. (c). Pub. L. 102–580 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Administrator may, considering the criteria established pursuant to subsection (a) of this section, designate recommended sites or times for dumping and, when he finds it necessary to protect critical areas, shall, after consultation with the Secretary, also designate sites or times within which certain materials may not be dumped.” 1988—Subsec. (a). Pub. L. 100–688 substituted “agents, high-level” for “agents and high-level” and inserted “and medical waste,” after “radioactive waste,”. 1980—Subsec. (e). Pub. L. 96–572 inserted applicability to United States agency or instrumentality, and proviso respecting such agency or instrumentality. 1974—Subsec. (a). Pub. L. 93–254, § 1(4)(A), substituted “for which no permit may be issued,” for “as provided for in section 1411 of this title,”, inserted “or in the case of a vessel or aircraft registered in the United States or flying the United States flag,” after “instrumentality of the United States,”, and required the Administrator to apply the standards and criteria binding upon the United States under the Convention, including its Annexes. Subsec. (e). Pub. L. 93–254, § 1(4)(B), added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date
of 1974 Amendment Pub. L. 93–254, § 2, Mar. 22, 1974, 88 Stat. 51, provided in part that: “The
Amendments
made by subparagraph 1(4)(A)(iii) and paragraph 1(4)(B) of this Act [enacting provision of subsec. (a) respecting application of standards by Administrator and subsec. (e) of this section] shall become effective on the date that the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matters enters into force for the United States.” [The Convention entered into force for the United States Aug. 30, 1975.] Amendment of subsec. (a) of this section, other than last sentence, by Pub. L. 93–254 effective Mar. 22, 1974, see section 2 of Pub. L. 93–254, set out in part as a note under section 1401 of this title.
Effective Date
Section effective 6 months after Oct. 23, 1972, see section 110(a) of Pub. L. 92–532, set out as a note under section 1411 of this title.
Reference
Citations & Metadata
Citation
33 U.S.C. § 1412
Title 33, Navigation and Navigable Waters
Last Updated
Sep 22, 2026
Release point: 119-110