U.S. Code » Title 33 » Chapter CHAPTER 26— WATER POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER IV— PERMITS AND LICENSES

33 U.S.C. § 1343

Ocean discharge criteria

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(a) Issuance of permits

No permit under section 1342 of this title for a discharge into the territorial sea, the waters of the contiguous zone, or the oceans shall be issued, after promulgation of guidelines established under subsection (c) of this section, except in compliance with such guidelines. Prior to the promulgation of such guidelines, a permit may be issued under such section 1342 of this title if the Administrator determines it to be in the public interest.

(b) Waiver

The requirements of subsection (d) of section 1342 of this title may not be waived in the case of permits for discharges into the territorial sea.

(c) Guidelines for determining degradation of waters(1) The Administrator shall, within one hundred and eighty days after October 18, 1972 (and from time to time thereafter), promulgate guidelines for determining the degradation of the waters of the territorial seas, the contiguous zone, and the oceans, which shall include:(A) the effect of disposal of pollutants on human health or welfare, including but not limited to plankton, fish, shellfish, wildlife, shorelines, and beaches;(B) the effect of disposal of pollutants on marine life including the transfer, concentration, and dispersal of pollutants or their byproducts through biological, physical, and chemical processes; changes in marine ecosystem diversity, productivity, and stability; and species and community population changes;(C) the effect of disposal, of pollutants on esthetic, recreation, and economic values;(D) the persistence and permanence of the effects of disposal of pollutants;(E) the effect of the disposal of varying rates, of particular volumes and concentrations of pollutants;(F) other possible locations and methods of disposal or recycling of pollutants including land-based alternatives; and(G) the effect on alternate uses of the oceans, such as mineral exploitation and scientific study.(2) In any event where insufficient information exists on any proposed discharge to make a reasonable judgment on any of the guidelines established pursuant to this subsection no permit shall be issued under section 1342 of this title.(June 30, 1948, ch. 758, title IV, § 403, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 883.)Statutory Notes and Related SubsidiariesDischarges From Point Sources in United States Virgin Islands Attributable to Manufacture of Rum; Exemption; Conditions

Discharges from point sources in the United States Virgin Islands in existence on Aug. 5, 1983, attributable to the manufacture of rum not to be subject to the requirements of this section under certain conditions, see section 214(g) of Pub. L. 98–67, set out as a note under section 1311 of this title.

Executive DocumentsTerritorial Sea and Contiguous Zone of United States

For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes under section 1331 of Title 43, Public Lands.

Notes of Decisions
Cited in 24 cases, 1974–2015 · leading case: Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Engineers, 781 F.3d 1271 (11th Cir. 2015).
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Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Engineers, 781 F.3d 1271 (11th Cir. 2015). · cites it 3× “Section 402 permitting decisions are governed by standards provided in § 403 of the Clean Water Act, 33 U.S.C. § 1343 . Alabama has been granted authority to administer its own permit program, Ala.”
Coeur Alaska, Inc. v. Se. Alaska Conservation Council, 557 U.S. 261 (2009). · cites it 2× “§1318 ; CWA §403, 33 U. S. C. §1343 ], or (B) prior to the taking of necessary implementing actions relating to all such requirements, such conditions as the Administrator determines are necessary to carry 10 COEUR ALASKA, INC.”
Am. Petroleum Inst. v. Env't Prot. Agency, 787 F.2d 965 (5th Cir. 1986). · cites it 3× “33 U.S.C. § 1343 (c). Ocean discharge criteria require EPA to ascertain that pollutant discharges will not have a significant adverse effect on the receiving water.”
United States v. Louise Mango, Kenneth Austin, Kevin Dominske & Phenix Env't, Inc., 199 F.3d 85 (2d Cir. 1999). · cites it 3× “§ 1344 (b) (referencing 33 U.S.C. § 1343 (c)). Knowing or negligent violation of a permit condition subjects the violator to criminal liability.”
Costle v. Pac. Legal Found., 445 U.S. 198 (1980). “883 , 33 U. S. C. § 1343 , required the EPA to perform a full environmental analysis of the effects on the ocean of the cessation of sludge discharge from the Hyperion plant, as well as the economic and social costs that would be involved in replacing ocean discharge with the…”
Mingo Logan Coal Co., Inc. v. United States Env't Prot. Agency, 70 F. Supp. 3d 151 (D.D.C. 2014). · cites it 2× “After the Corps conducts its analysis under the section 404(b)(1) Guidelines, it publishes its written determination of the anticipated “effects of a proposed discharge of dredged or fill material on the physical, chemical, and biological components of the aquatic environment.”
Adams v. U.S. Env't Prot. Agency, 38 F.3d 43 (1st Cir. 1994). “33 U.S.C. §§ 1343 (a) and (c)(1). See American Petroleum Inst.”
Shoreline Assocs. v. Marsh, 555 F. Supp. 169 (D. Md. 1983). “33 U.S.C. § 1343 (c). The regulations promulgated under authority of the CWA are found at 40 CFR 230 (1981).”
Save Our Sound Fisheries Ass'n v. Callaway, 429 F. Supp. 1136 (D.R.I. 1977). “8 These regulations are entitled “Ocean Dumping,” and are explicitly issued pursuant to title I of the MPRSA and § 403(c) of the FWPCA ( 33 U.S.C. § 1343 (c)). Since these regulations are not promulgated under § 1316, allegations that they have been violated cannot serve to…”
Pac. Legal Found. v. Quarles, 440 F. Supp. 316 (C.D. Cal. 1977). “§ 1345 , which requires an EPA permit specifically for the disposal of sewage sludge when such disposal results in pollutants from the sludge entering the navigable waters, and Section 403, 33 U.S.C. § 1343 , which requires that any discharge into the ocean must be in compliance…”
Save Our Sound Fisheries Ass'n v. Callaway, 387 F. Supp. 292 (D.R.I. 1974). · cites it 2× “§ 1344 and regulations pursuant thereto, and in so doing apply the guidelines promulgat *307 ed pursuant to 33 U.S.C. § 1343 (c), as required by 33 U.”
Catskill Mountains Chapter of Trout Unlimited, Inc. v. United States Env't Prot. Agency, 8 F. Supp. 3d 500 (S.D.N.Y. 2014). “§ 1343 (a) — Congress indicated its concern for “the effect of disposal of pollutants on marine life” in these waters, “including the transfer, concentration, and dispersal of pollutants or their byproducts through biological, physical, and chemical processes,” id.”
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