U.S. Code » Title 33 » Chapter CHAPTER 33— PREVENTION OF POLLUTION FROM SHIPS

33 U.S.C. § 1414

DEFINITIONS.

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“In this title:“(1)Administrator.—The term ‘Administrator’ means the Administrator of the United States Environmental Protection Agency.“(2)Cruise vessel.—The term ‘cruise vessel’ means a passenger vessel as defined in section 2101(22) [now 2101(33)] of title 46, United States Code. The term ‘cruise vessel’ does not include a vessel of the United States operated by the Federal Government or a vessel owned and operated by the government of a State.“(3)Discharge.—The term ‘discharge’ means any release however caused from a cruise vessel, and includes any escape, disposal, spilling, leaking, pumping, emitting, or emptying.“(4)Graywater.—The term ‘graywater’ means only galley, dishwasher, bath, and laundry waste water. The term does not include other wastes or waste streams.“(5)Navigable waters.—The term ‘navigable waters’ has the same meaning as in section 502 of the Federal Water Pollution Control Act [33 U.S.C. 1362], as amended.“(6)Person.—The term ‘person’ means an individual, corporation, partnership, limited liability company, association, State, municipality, commission, or political subdivision of a State, or any federally recognized tribe.“(7)Secretary.—The term ‘Secretary’ means the Secretary of the department in which the United States Coast Guard is operating.“(8)Sewage.—The term ‘sewage’ means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body waste.“(9)Treated sewage.—The term ‘treated sewage’ means sewage meeting all applicable effluent limitation standards and processing requirements of the Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.], as amended[,] and of this title, and regulations promulgated under either.“(10)Untreated sewage.—The term ‘untreated sewage’ means sewage that is not treated sewage.“(11)Waters of the Alexander Archipelago.—The term ‘waters of the Alexander Archipelago’ means all waters under the sovereignty of the United States within or near Southeast Alaska, beginning at a point 58°11′41′′N, 136°39′25′′W [near Cape Spencer Light], thence southeasterly along a line three nautical miles seaward of the baseline from which the breadth of the territorial sea is measured in the Pacific Ocean and the Dixon Entrance, except where this line intersects geodesics connecting the following five pairs of points:“(1) 58°05′17′′N, 136°33′49′′W and 58°11′41′′N, 136°39′25′′W [Cross Sound].“(2) 56°09′40′′N, 134°40′00′′W and 55°49′15′′N, 134°17′40′′W [Chatham Strait].“(3) 55°49′15′′N, 134°17′40′′W and 55°50′30′′N, 133°54′15′′W [Sumner Strait].“(4) 54°41′30′′N, 132°01′00′′W and 54°51′30′′N, 131°20′45′′W [Clarence Strait].“(5) 54°51′30′′N, 131°20′45′′W and 54°46′15′′N, 130°52′00′′W [Revillagigedo Channel].

“The portion of each such geodesic situated beyond three nautical miles from the baseline from which the breadth of the territorial sea is measured forms the outer limit of the waters of the Alexander Archipelago in those five locations.”

Notes of Decisions
Cited in 4 cases, 1980–1994 · leading case: 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).
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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). · cites it 2× “§ 104(a), 33 U.S.C. § 1414 (a) (1976). 11 . Id. § 104(d), 33 U.”
Nat. Resources Def. Council, Inc. v. United States Env't Prot. Agency, 824 F.2d 1258 (1st Cir. 1987). “The HLW environmental standards do not apply to disposal in or below the ocean since ocean disposal is prohibited by the Marine Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. § 1414 (1982). Also, the environmental standards do not apply to radioactive wastes that…”
United States v. City of New York, 799 F. Supp. 1308 (E.D.N.Y 1992). “In accordance with the Ocean Dumping Ban Act, 33 U.S.C. § 1414 , the United States, the State of New York, and the City of New York entered into a consent decree and enforcement agreement ("Consent Decree”) which required the City to phase out and terminate ocean dumping of…”
Clean Ocean Action v. York, 861 F. Supp. 1203 (D.N.J. 1994). “” This is consistent with the statute under which the EPA is given discretion to establish and revise the criteria to be used in determining whether to grant a permit for ocean dumping, 33 U.S.C. § 1413 (b), and either EPA or the Corps is given discretion to require information…”
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