§1414a — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Only certain local sewer or government groups that had a court order on November 2, 1983 can apply for permits to dump or move municipal sludge in the New York Bight Apex. The EPA cannot give or renew permits for dumping or moving sludge in that Apex after December 15, 1987, or sooner if the EPA finds that sludge from those eligible authorities can reasonably be dumped at another site chosen under section 1412. Apex means the ocean area west of 73°30′ W longitude and north of 40°10′ N latitude. Apex site means the place in that area where sludge was dumped before October 1, 1983. Eligible authority means a sewer authority or state or local unit that had the court permission on November 2, 1983. The EPA also may not give or renew permits to anyone other than those eligible authorities to dump or move sludge at the site called the "106-Mile Ocean Waste Dump Site" (as described in 49 F.R. 19005).

Title 33, §1414a

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)(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)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