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

Summary

All mud, dirt, sand, and other material dug up from any slip, basin, or shoal in a harbor must be dumped only where the harbor supervisor allows under the rules in sections 443–448. This covers material put on any boat or barge to be moved in the harbor. The owner of the area and anyone doing the dredging are each responsible for dumping in the right place. Violators must pay $5 for every cubic yard dumped improperly.

Title 33, §449

Navigation and Navigable Waters — Source: USLM XML via OLRC

All mud, dirt, sand, dredgings, and material of every kind and description whatever taken, dredged, or excavated from any slip, basin, or shoal in any harbor subject to this subchapter, and placed on any boat, scow, or vessel for the purpose of being taken or towed upon the waters of that harbor to a place of deposit, shall be deposited and discharged at such place or within such limits as shall be defined and specified by the supervisor of the harbor, as in sections 443 to 448 of this title prescribed, and not otherwise. Every person, firm, or corporation being the owner of any slip, basin, or shoal, from which such mud, dirt, sand, dredgings, and material shall be taken, dredged, or excavated, and every person, firm, or corporation in any manner engaged in the work of dredging or excavating any such slip, basin, or shoal, or of removing such mud, dirt, sand, or dredgings therefrom, shall severally be responsible for the deposit and discharge of all such mud, dirt, sand, or dredgings at such place or within such limits so defined and prescribed by said supervisor of the harbor; and for every violation of the provisions of this section the person offending shall be guilty of an offense, and shall be punished by a fine equal to the sum of $5 for every cubic yard of mud, dirt, sand, dredgings, or material not deposited or discharged as required by this section.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Sections 443 to 448 of this title, referred to in text, were in the original “the third section of this Act”, meaning section 3 of act

June 29, 1888, which enacted sections 443 to 448 of this title. The provision of section 3 relating to specification of the limits within which to discharge is classified to section 443 of this title. Codification Section was enacted as part of section 4 of act

June 29, 1888, which enacted section 449 and 450 of this title.

Amendments

1958—Pub. L. 85–802 substituted “any harbor subject to this subchapter” for “the harbor of New York, or the waters adjacent or tributary thereto” and “the waters of that harbor” for “the waters of the harbor of New York”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1958 AmendmentAmendment by Pub. L. 85–802 effective on sixtieth day after Aug. 28, 1958, see section 2 of Pub. L. 85–802, set out as a note under section 441 of this title.

§449 Disposition of Dredged Matter; Persons Liable; Penalty