33 U.S.C. § 1412a

Emergency dumping of industrial waste

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(a) Issuance of emergency permits

Notwithstanding section 104B of the Marine Protection, Research, and Sanctuaries Act of 1972 [33 U.S.C. 1414b], after December 31, 1981, the Administrator may issue emergency permits under title I of such Act [33 U.S.C. 1411 et seq.] for the dumping of industrial waste into ocean waters, or into waters described in such section 101(b) [33 U.S.C. 1411(b)], if the Administrator determines that there has been demonstrated to exist an emergency, requiring the dumping of such waste, which poses an unacceptable risk relating to human health and admits of no other feasible solution. As used herein, “emergency” refers to situations requiring action with a marked degree of urgency.

(b) “Industrial waste” defined

For purposes of this section, the term “industrial waste” means any solid, semisolid, or liquid waste generated by a manufacturing or processing plant.

(Pub. L. 95–153, § 4, Nov. 4, 1977, 91 Stat. 1255; Pub. L. 96–572, § 2, Dec. 22, 1980, 94 Stat. 3344; Pub. L. 100–688, title I, § 1003(a), Nov. 18, 1988, 102 Stat. 4149.)Editorial NotesReferences in Text

The Marine Protection, Research, and Sanctuaries Act of 1972, referred to in subsec. (a), is Pub. L. 92–532, Oct. 23, 1972, 86 Stat. 1052. Title I of the Act is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 1401 of this title and Tables.

Such section 101(b), referred to in subsec. (b), means section 101(b) of the Marine Protection, Research, and Sanctuaries Act of 1972.

Codification

Section was not enacted as part of the Marine Protection, Research, and Sanctuaries Act of 1972 which comprises this chapter.

Amendments

1988—Subsec. (a). Pub. L. 100–688, § 1003(a)(1), (3)–(5), redesignated subsec. (c) as (a), substituted “Notwithstanding section 104B of the Marine Protection, Research, and Sanctuaries Act of 1972 after” for “After”, and “title I of such Act” for “such title I”. Former subsec. (a), which related to cessation of dumping, with exceptions, was struck out.

Subsec. (b). Pub. L. 100–688, § 1003(a)(2), (7), added subsec. (b). Former subsec. (b), which related to issuance of permits for dumping of industrial waste, was struck out.

Subsec. (c). Pub. L. 100–688, § 1003(a)(3), redesignated subsec. (c) as (a).

Subsec. (d). Pub. L. 100–688, § 1003(a)(6), struck out subsec. (d) which related to definitions.

1980—Subsec. (a). Pub. L. 96–572, § 2(1), inserted applicability to industrial waste, exceptions respecting subsecs. (b) and (c) of this section, and conforming changes in phraseology.

Subsec. (b). Pub. L. 96–572, § 2(2), added subsec. (b). Former subsec. (b), defining “sewage sludge”, was struck out.

Subsecs. (c), (d). Pub. L. 96–572, § 2(2), added subsecs. (c) and (d).

Notes of Decisions

Cited in 9 cases, 1978–1992 · leading case: Middlesex Cnty. Sewerage Auth. v. Nat'l Sea Clammers Assn., 453 U.S. 1 (1981).

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Middlesex Cnty. Sewerage Auth. v. Nat'l Sea Clammers Assn., 453 U.S. 1 (1981). · cites it 2× “Under the MPRSA, 33 U. S. C. § 1412a (a) (1976 ed., Supp. III), the EPA is required to end all ocean dumping of sewage sludge by December 31, 1981.”

City of New York v. United States Env't Prot. Agency, 543 F. Supp. 1084 (S.D.N.Y. 1981). · cites it 2× “THE 1977 AMENDMENT TO THE MPRSA In November 1977, Congress amended the MPRSA to preclude the Administrator from permitting ocean dumping of sewage sludge after December 31, 1981.”

CCTW&M v. United States Env't Prot. Agency, Region II, 452 F. Supp. 69 (D.N.J. 1978). “See 33 U.S.C. § 1412a(a) (Supp.1977). 2 . 40 C.”

United States v. City of New York, 972 F.2d 464 (2d Cir. 1992). “” 33 U.S.C. § 1412a. The City, unable to develop an environmentally sound alternative, argued that its ocean dumping was reasonable because ocean dumping would produce fewer environmental harms than the available land-based options.”

Nat. Resources Def. Council, Inc. v. U. S. Env't Prot. Agency, 656 F.2d 768 (D.C. Cir. 1981). “33 U.S.C. § 1412a (Supp. II 1978). The Marine Protection Act sets up a permit system to regulate the dumping of pollutants into the ocean from vessels, 33 U.”

City of New Brunswick v. Borough of Milltown, 686 F.2d 120 (3rd Cir. 1982). “In addition to improving the plant at Sayreville, the MCUA, spurred on by an amendment to the Marine Protection, Research, and Sanctuaries Act of 1972, 33 U.S.C. § 1412a, is drawing up plans for the possible construction of a “dewatering plant” which would enable the MCUA to end…”

Bergen Cnty. Utils. Auth. v. United States Env't Prot. Agency, 507 F. Supp. 780 (D.N.J. 1981). · cites it 2× “33 U.S.C. § 1412a(a) (1978). 6 The need to *784 amend the statute in this manner underscores Congressional dissatisfaction with the EPA’s progress in phasing out ocean dumping.”

Nat'l Wildlife Fed'n v. Gorsuch, 744 F.2d 963 (3rd Cir. 1984). “” See 33 U.S.C. § 1412a. The opinion of the New York court did not discuss the London Convention.”

BSP Div. of Envirotech Corp. v. United States Env't Prot. Agency, 471 F. Supp. 958 (D.N.J. 1979). · cites it 2× “3 33 U.S.C. § 1412a(a). The Act further authorizes the EPA to award grants to any public agency to cover 75% of the cost of constructing waste treatment facilities which inter alia provide for alternative ways to dispose of sludge.”

— 33 U.S.C. § 1412a(a) — 4 cases

City of New York v. United States Env't Prot. Agency, 543 F. Supp. 1084 (S.D.N.Y. 1981). “THE 1977 AMENDMENT TO THE MPRSA In November 1977, Congress amended the MPRSA to preclude the Administrator from permitting ocean dumping of sewage sludge after December 31, 1981.”

CCTW&M v. United States Env't Prot. Agency, Region II, 452 F. Supp. 69 (D.N.J. 1978). “See 33 U.S.C. § 1412a(a) (Supp.1977). 2 . 40 C.”

Bergen Cnty. Utils. Auth. v. United States Env't Prot. Agency, 507 F. Supp. 780 (D.N.J. 1981). “33 U.S.C. § 1412a(a) (1978). 6 The need to *784 amend the statute in this manner underscores Congressional dissatisfaction with the EPA’s progress in phasing out ocean dumping.”

BSP Div. of Envirotech Corp. v. United States Env't Prot. Agency, 471 F. Supp. 958 (D.N.J. 1979). “3 33 U.S.C. § 1412a(a). The Act further authorizes the EPA to award grants to any public agency to cover 75% of the cost of constructing waste treatment facilities which inter alia provide for alternative ways to dispose of sludge.”

— 33 U.S.C. § 1412a(b) — 1 case

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