U.S. Code » Title 33 » Chapter CHAPTER 27— OCEAN DUMPING

33 U.S.C. § 1402

Definitions

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For the purposes of this Act the term—(a) “Administrator” means the Administrator of the Environmental Protection Agency.(b) “Ocean waters” means those waters of the open seas lying seaward of the base line from which the territorial sea is measured, as provided for in the Convention on the Territorial Sea and the Contiguous Zone (15 UST 1606; TIAS 5639).(c) “Material” means matter of any kind or description, including, but not limited to, dredged material, solid waste, incinerator residue, garbage, sewage, sewage sludge, munitions, radiological, chemical, and biological warfare agents, radioactive materials, chemicals, biological and laboratory waste, wreck or discarded equipment, rock, sand, excavation debris, and industrial, municipal, agricultural, and other waste; but such term does not mean sewage from vessels within the meaning of section 1322 of this title. Oil within the meaning of section 1321 of this title shall be included only to the extent that such oil is taken on board a vessel or aircraft for the purpose of dumping.(d) “United States” includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, the territories and possessions of the United States, and the Trust Territory of the Pacific Islands.(e) “Person” means any private person or entity, or any officer, employee, agent, department, agency, or instrumentality of the Federal Government, of any State or local unit of government, or of any foreign government.(f) “Dumping” means a disposition of material: Provided, That it does not mean a disposition of any effluent from any outfall structure to the extent that such disposition is regulated under the provisions of the Federal Water Pollution Control Act, as amended [33 U.S.C. 1251 et seq.], under the provisions of section 407 of this title, or under the provisions of the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.], nor does it mean a routine discharge of effluent incidental to the propulsion of, or operation of motor-driven equipment on, vessels: Provided, further, That it does not mean the construction of any fixed structure or artificial island nor the intentional placement of any device in ocean waters or on or in the submerged land beneath such waters, for a purpose other than disposal, when such construction or such placement is otherwise regulated by Federal or State law or occurs pursuant to an authorized Federal or State program: And provided further, That it does not include the deposit of oyster shells, or other materials when such deposit is made for the purpose of developing, maintaining, or harvesting fisheries resources and is otherwise regulated by Federal or State law or occurs pursuant to an authorized Federal or State program.(g) “District court of the United States” includes the District Court of Guam, the District Court of the Virgin Islands, the District Court of Puerto Rico, the District Court of the Canal Zone, and in the case of American Samoa and the Trust Territory of the Pacific Islands, the District Court of the United States for the District of Hawaii, which court shall have jurisdiction over actions arising therein.(h) “Secretary” means the Secretary of the Army.(i) “Dredged material” means any material excavated or dredged from the navigable waters of the United States.(j) “High-level radioactive waste” means the aqueous waste resulting from the operation of the first cycle solvent extraction system, or equivalent and the concentrated waste from subsequent extraction cycles, or equivalent, in a facility for reprocessing irradiated reactor fuels, or irradiated fuel from nuclear power reactors.(k) “Medical waste” means isolation wastes; infectious agents; human blood and blood products; pathological wastes; sharps; body parts; contaminated bedding; surgical wastes and potentially contaminated laboratory wastes; dialysis wastes; and such additional medical items as the Administrator shall prescribe by regulation.(l) “Transport” or “transportation” refers to the carriage and related handling of any material by a vessel, or by any other vehicle, including aircraft.(m) “Convention” means the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter.(Pub. L. 92–532, § 3, Oct. 23, 1972, 86 Stat. 1052; Pub. L. 93–254, § 1(2), Mar. 22, 1974, 88 Stat. 50; Pub. L. 100–688, title III, § 3201(a), Nov. 18, 1988, 102 Stat. 4153.)Editorial NotesReferences in Text

This Act, referred to in text, means Pub. L. 92–532, which is classified generally to this chapter, chapter 41 (§ 2801 et seq.) of this title, and chapters 32 (§ 1431 et seq.) and 32A (§ 1447 et seq.) of Title 16, Conservation.

For definition of Canal Zone, referred to in subsec. (d), see section 3602(b) of Title 22, Foreign Relations and Intercourse.

The Federal Water Pollution Control Act, as amended, referred to in subsec. (f), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of this title and Tables.

The Atomic Energy Act of 1954, as amended, referred to in subsec. (f), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 42 and Tables.

Amendments

1988—Subsecs. (k) to (m). Pub. L. 100–688 added subsec. (k) and redesignated former subsecs. (k) and (l) as (l) and (m), respectively.

1974—Subsec. (c). Pub. L. 93–254, § 1(2)(A), substituted “sewage from vessels within the meaning of section 1322 of this title. Oil within the meaning of section 1321 of this title shall be included only to the extent that such oil is taken on board a vessel or aircraft for the purpose of dumping.” for “oil within the meaning of section 11 of the Federal Water Pollution Control Act and does not mean sewage from vessels within the meaning of section 13 of such Act.”

Subsec. (l). Pub. L. 93–254, § 1(2)(C), added subsec. (l).

Statutory Notes and Related SubsidiariesEffective Date of 1974 Amendment

Amendment by Pub. L. 93–254 effective Mar. 22, 1974, see section 2 of Pub. L. 93–254, set out in part as a note under section 1401 of this title.

Termination of United States District Court for the District of the Canal Zone

For termination of the United States District Court for the District of the Canal Zone at end of the “transition period”, being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96–70, title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse.

Executive DocumentsTermination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

Territorial 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 12 cases (1 in the last 5 years), 1974–2023 · leading case: Meredith v. Fed. Mine Saf. & Health Review Comm'n, 177 F.3d 1042 (D.C. Cir. 1999).
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Meredith v. Fed. Mine Saf. & Health Review Comm'n, 177 F.3d 1042 (D.C. Cir. 1999). “§ 2510 (6) (person means “any employee, or agent of the United States or any State or political subdivision thereof, and any individual, partnership, association, joint stock company, trust, or corporation”); 33 U.S.C. § 1402 (e) (person means “any private person or entity, or…”
Nat. Resources Def. Council, Inc., & the State of New York, Intervenor-Appellant v. Howard H. Callaway, as Sec'y of the Army, 524 F.2d 79 (2d Cir. 1975). “The applicability of this change to the dumping in this case appears doubtful, however, since it does not appear to involve dumping in the ocean, as that term is defined in 33 U.S.C. § 1402 (b). . While we agree with the district court that the discussion of alternatives in an…”
Barcelo v. Brown, 478 F. Supp. 646 (D.P.R. 1979). “” 33 U.S.C. § 1402 (f). This language, together with the legislative history of the Act, leave no doubt but that Congress intended to prohibit purposeful disposal of waste.”
Nat'l Wildlife Fed'n v. Douglas M. Costle, in His Off. Capacity as Adm'r, Env't Prot. Agency (Ocean Dumping), 629 F.2d 118 (D.C. Cir. 1980). “” MPRSA § 3(i), 33 U.S.C. § 1402 (i) (1976). Permit-granting authority was divided between the Administrator and the Corps “in order not to separate the responsibility for the issuance [by the Corps] of the dredging permit and the permit for disposing of the results of such…”
Chevron U.S.A., Inc. v. Hammond, 726 F.2d 483 (9th Cir. 1984). “33 U.S.C. §§ 1402 (b), 1416(d). 7 The above authorities demonstrate a congressional intent that there be joint federal/state regulation of ocean waters within three miles of shore.”
Nat. Resources Def. Council, Inc. v. U. S. Env't Prot. Agency, 656 F.2d 768 (D.C. Cir. 1981). “This is evident from the definition of “dumping” in 33 U.S.C. § 1402 (f) (1976), which excludes “a disposition of any effluent from any outfall structure to the extent that such disposition is regulated under the provisions of the Federal Water Pollution Control Act .”
Nat. Resources Def. Council, Inc. v. Callaway, 389 F. Supp. 1263 (D. Conn. 1974). “33 U.S.C. § 1402 (b) (Supp. II, 1972) ; the court does not need to determine the correctness of this contention.”
United States v. Reilly, 827 F. Supp. 1076 (D. Del. 1993). · cites it 2× “33 U.S.C. § 1402 (c). The provisions at issue in this case are § 1411(a) and § 1415(b).”
Nat'l Sea Clammers Ass'n v. City of New York, 616 F.2d 1222 (3d Cir. 1980). “33 U.S.C. § 1402 (b). The Act also defines “ocean waters” as “those waters of the open seas lying seaward of the base line from which the territorial sea is measured.”
Seaburn Inc. v. United States Env't Prot. Agency, 712 F. Supp. 218 (D.D.C. 1989). · cites it 4× “See 33 U.S.C. § 1402 (b), (c), (e). Under the Act, EPA may issue two types of permits: short-term “research” permits or “special” (commercial operating) permits.”
El Puente v. U.S. Army Corps of Engineers, No. 2022-2430 (D.D.C. July 24, 2023). “See 33 U.S.C. §§ 1402 (b), 1411(b). The MPRSA generally prohibits the dumping of dredged material into territorial seas or ocean waters within twelve nautical miles from territorial seas without a permit, see id.”
United States v. John Hoyt Curtis, 988 F.2d 946 (9th Cir. 1993). “§ 1453 (14); Section 3(e) of the Marine Protection, Research and Sanctuaries Act of 1972 ("MPRSA"), 33 U.S.C. § 1402 (e); Section 1401(12) of the Safe Drinking Water Act of 1974 ("SDWA”), 42 U.”
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