33 U.S.C. § 2605: Enforcement

Summary

The Secretary of Transportation must enforce these rules and can let other federal officers help. The Secretary must do regular checks of vessels that carry municipal or commercial waste to make sure each vessel has the required permit. The Secretary of the Treasury can refuse the legal clearance a vessel needs if it does not have that permit. The Secretary of Transportation can also deny a vessel entry to the United States and hold it where it is about to leave if it does not follow the rules. The Administrator must investigate an owner or operator who has 5 or more separate violations during a 6-month period.

Title 33, §2605

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)General authority

The Secretary of Transportation shall enforce this chapter under section 89 of title 14. The Secretary may authorize other officers or employees of the United States Government to enforce this chapter under that section.

(b)Periodic examinations

The Secretary shall conduct periodic examinations of vessels operating under this chapter transporting municipal or commercial waste to determine that each of these vessels has a permit issued under section 2602 of this title.

(c)Refusal of clearance

The Secretary of the Treasury may refuse the clearance required by section 60105 of title 46, to any vessel subject to this chapter which does not have a permit required under section 2602 of this title.

(d)Denial of entry and detention

If a vessel does not comply with this chapter, the Secretary of Transportation may—

(1)deny entry to any place in the United States; and

(2)detain at the place in the United States from which it is about to depart.

(e)Persistent violators

The Administrator shall conduct an investigation of the owner or operator of a vessel or facility if the owner has 5 or more separate violations during a 6-month period.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Section 89 of title 14, referred to in subsec. (a), was redesignated section 522 of title 14 by Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200, and reference to section 89 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard. Codification In subsec. (c), “section 60105 of title 46” substituted for “section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91)” on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 60105 of Title 46, Shipping.

§2605 Enforcement

Summary

Title 33, §2605

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata