§2603 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Owners and operators of waste sources must take steps so waste is loaded in a way that keeps it from ending up in coastal waters. Ship operators must secure waste with nets or other means during transport. Receiving facilities must unload waste carefully to avoid deposits in coastal waters. All these operators must have ways to clean up any waste that does get into coastal waters. The Administrator, with the Secretary of Transportation, must make rules requiring proper equipment, a written operations and maintenance manual that explains how to prevent, report, and clean up deposits and keep records, and—if needed—require tracking systems to be installed within 18 months after that decision.

Title 33, §2603

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)(1)The owner or operator of the waste source shall take all reasonable steps to assure that all municipal or commercial waste is loaded onto a vessel in a manner that assures that waste deposited in coastal waters is minimized.

(2)The owner or operator of a vessel shall assure that all municipal or commercial waste loaded onto the vessel is secured by netting or other means to assure that waste will not be deposited into coastal waters during transport.

(3)The owner or operator of the receiving facility shall take all reasonable steps to assure that any municipal or commercial waste is offloaded from a vessel in a manner that assures that waste deposited into coastal waters is minimized.

(4)The owner or operator of any waste source or receiving facility shall provide adequate control measures to clean up any municipal or commercial waste which is deposited into coastal waters.

(b)The Administrator, in consultation with the Secretary of Transportation, shall prescribe regulations—

(1)requiring that waste sources, receiving facilities, and vessels provide the means and facilities to assure that the waste will not be deposited into coastal waters during loading, offloading, and transport;

(2)requiring, as appropriate, the submission and adoption by each responsible party of an operation and maintenance manual identifying procedures to be used to prevent, report, and clean up any deposit of municipal or commercial waste into coastal waters, including record keeping requirements; and

(3)if the Administrator determines that tracking systems are required to assure adequate enforcement of laws preventing the deposit of municipal or commercial waste into coastal waters, requiring installation of the appropriate systems within 18 months after the Administrator makes that determination.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 100–688, title IV, § 4204(c), Nov. 18, 1988, 102 Stat. 4160, provided that: “section 4103 of this Act [33 U.S.C. 2603] takes effect 60 days after the date of enactment of this Act [Nov. 18, 1988].”

§2603 Waste Handling Practices

Summary

Title 33, §2603

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata