33 U.S.C. § 419

Regulation by Secretary governing transportation and dumping of dredgings, refuse, etc., into navigable waters; oyster lands; appropriations

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The Secretary of the Army is authorized and empowered to prescribe regulations to govern the transportation and dumping into any navigable water, or waters adjacent thereto, of dredgings, earth, garbage, and other refuse materials of every kind or description, whenever in his judgment such regulations are required in the interest of navigation. Such regulations shall be posted in conspicuous and appropriate places for the information of the public; and every person or corporation which shall violate the said regulations, or any of them, shall be deemed guilty of a misdemeanor and shall be subject to the penalties prescribed in sections 411 and 412 of this title, for violation of the provisions of section 407 of this title: Provided, That any regulations made in pursuance hereof may be enforced as provided in section 413 of this title, the provisions whereof are made applicable to the said regulations: Provided further, That this section shall not apply to any waters within the jurisdictional boundaries of any State which are now or may hereafter be used for the cultivation of oysters under the laws of such State, except navigable channels which have been or may hereafter be improved by the United States, or to be designated as navigable channels by competent authority, and in making such improvements of channels, the material dredged shall not be deposited upon any ground in use in accordance with the laws of such State for the cultivation of oysters, except in compliance with said laws: And provided further, That any expense necessary in executing this section may be paid from funds available for the improvement of the harbor or waterway, for which regulations may be prescribed, and in case no such funds are available the said expense may be paid from appropriations made by Congress for examinations, surveys, and contingencies of rivers and harbors.

Notes of Decisions

Cited in 7 cases, 1973–2009 · leading case: United States v. Pennsylvania Indus. Chem. Corp., 411 U.S. 655 (1973).

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United States v. Pennsylvania Indus. Chem. Corp., 411 U.S. 655 (1973). · cites it 6× “1147 , 33 U. S. C. § 419 , authorizing regulations regarding the transportation and dumping of dredging material.”

Friends of the Everglades v. South Florida Water Mgmt. Dist., 570 F.3d 1210 (11th Cir. 2009). “”); 33 U.S.C. §419 (“The Secretary of the Army is authorized .”

United States v. United States Steel Corp., 482 F.2d 439 (7th Cir. 1973). · cites it 2× “And, even under the authority of Sec *450 tion 4 of the Rivers and Harbors Act of 1905, 33 U.S.C. § 419 , “the establishing of a permit program by the Secretary of the Army and the Chief of the Corps of Engineers is discretionary with them as opposed to mandatory.”

Northlight Harbor, LLC v. United States, 561 F. Supp. 2d 517 (D.N.J. 2008). “See 33 U.S.C. § 419 (authorizing the Secretary of the Army to promulgate regulations governing the transportation and dumping of dredge material into navigable waters); 33 C.”

Rucker v. Willis, 358 F. Supp. 425 (E.D.N.C. 1973). · cites it 2× “§ 403 and 33 U.S.C. § 419 . Therefore, plaintiffs conclude that the permits were issued illegally because no environmental impact statement, providing a detailed statement of the environmental effect of the dredging and pier construction, was filed.”

Liner v. Dravo Basic Materials Co., 162 F. Supp. 2d 499 (E.D. La. 2001). “2d at 967 ; see also, 33 U.S.C. § 419 . 4 Likewise, the decision to mark a hazard to navigation is discretionary on the part of the Coast Guard.”

FRIENDS OF THE EVERGLADES v. South Florida Water Mgmt. Dist., 605 F.3d 962 (11th Cir. 2009). “"); 33 U.S.C. § 419 ("The Secretary of the Army is authorized.”

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