PRIA, Government Policy, Made Personal

Summary

Limits who can get permits to dump municipal sludge in the New York Bight Apex. Apex = the ocean area west of 73°30′ W and north of 40°10′ N. Apex site = the place in that area where municipal sludge was dumped before October 1, 1983. Eligible authority = a sewer agency or local/state unit that, on November 2, 1983, had a court order letting it dump at the Apex site. Only eligible authorities may apply for permits to dump or move sludge in the Apex. The Administrator cannot issue or renew any permit for Apex dumping after the earlier of December 15, 1987, or the day the Administrator says eligible authorities can reasonably use a non‑Apex site designated under section 1412. The Administrator also cannot issue or renew permits that let anyone except eligible authorities dump or transport municipal sludge at the site called the “106‑Mile Ocean Waste Dump Site.”

Title 33, §1414a

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)New York Bight Apex

(1)For purposes of this subsection—

(A)The term “Apex” means the New York Bight Apex consisting of the ocean waters of the Atlantic Ocean westward of 73 degrees 30 minutes west longitude and northward of 40 degrees 10 minutes north latitude.

(B)The term “Apex site” means that site within the Apex at which the dumping of municipal sludge occurred before October 1, 1983.

(C)The term “eligible authority” means any sewerage authority or other unit of State or local government that on November 2, 1983, was authorized under court order to dump municipal sludge at the Apex site.

(2)No person may apply for a permit under this subchapter in relation to the dumping of, or the transportation for purposes of dumping, municipal sludge within the Apex unless that person is an eligible authority.

(3)The Administrator may not issue, or renew, any permit under this subchapter that authorizes the dumping of, or the transportation for purposes of dumping, municipal sludge within the Apex after the earlier of—

(A)December 15, 1987; or

(B)the day determined by the Administrator to be the first day on which municipal sludge generated by eligible authorities can reasonably be dumped at a site designated under section 1412 of this title other than a site within the Apex.

(b)Restriction on use of 106-mile site

The Administrator may not issue or renew any permit under this subchapter which authorizes any person, other than a person that is an eligible authority within the meaning of subsection (a)(1)(C), to dump, or to transport for the purposes of dumping, municipal sludge within the site designated under section 1412(c) of this title by the Administrator and known as the “106-Mile Ocean Waste Dump Site” (as described in 49 F.R. 19005).

Notes & Related Subsidiaries

Editorial Notes

Amendments

1988—Pub. L. 100–688 repealed the second of two identical section 104A of Pub. L. 92–532, both classified to this section and enacted by Pub. L. 99–662 and Pub. L. 100–4, thereby involving no change in text.

Statutory Notes and Related Subsidiaries

New York Bight Apex Not Suitable for Dumping Pub. L. 99–662, title XI, § 1172(a), Nov. 17, 1986, 100 Stat. 4259, provided that: “The Congress finds that the New York Bight Apex is no longer a suitable location for the ocean dumping of municipal sludge.” An identical provision was enacted by Pub. L. 100–4, title V, § 508(a), Feb. 4, 1987, 101 Stat. 79.

§1414a Special Provisions Regarding Certain Dumping Sites