The placing, discharging, or depositing, by any process or in any manner, of refuse, dirt, ashes, cinders, mud, sand, dredgings, sludge, acid, or any other matter of any kind, other than that flowing from streets, sewers, and passing therefrom in a liquid state, in the waters of any harbor subject to this subchapter, within the limits which shall be prescribed by the supervisor of the harbor, is strictly forbidden, and every such act is made a misdemeanor, and every person engaged in or who shall aid, abet, authorize, or instigate a violation of this section, shall, upon conviction, be punishable by fine or imprisonment, or both, such fine to be not less than $250 nor more than $2,500, and the imprisonment to be not less than thirty days nor more than one year, either or both united, as the judge before whom conviction is obtained shall decide, one-half of said fine to be paid to the person or persons giving information which shall lead to conviction of this misdemeanor.
Notes of Decisions
United States v. Stand. Oil Co., 384 U.S. 224 (1966).
· cites it 2× “Under this New York Harbor Act, which still remains on the books, 33 U. S. C. § 441 et seq. (1964 ed.), prosecutions for accidental deposits of commercially useful oil have been sustained.”
United States v. Polizzi, 549 F. Supp. 2d 308 (E.D.N.Y 2008).
“§ 411 Deposit of refuse or obstruction of navigable waterway 30 days 33 U.S.C. § 441 New York and Baltimore harbors, deposit of refuse 30 days 33 U.”
United States v. United States Steel Corp., 482 F.2d 439 (7th Cir. 1973).
· cites it 2× “The district court observed it would be anomalous to have an exception for refuse matter “flowing from streets and sewers and passing therefrom in a liquid state” if the statute was aimed solely at materials which obstructed navigation because the excepted matter had no apparent…”
The S. S. Nea Hellis, 116 F.2d 803 (2d Cir. 1941).
“Section 1 of the New York Harbor Act of 1888, 33 U.S.C.A. § 441 , forbids the discharging of various kinds of refuse, “or any other matter of any kind” into “the tidal waters of the harbor of New York * * * within the limits which shall be prescribed by the supervisor of the…”
La Merced, 84 F.2d 444 (9th Cir. 1936).
“Preceding this act was the Act of June 29, 1888, § 1 ( 33 U.S.C.A. § 441 ), which prohibited the discharge "of refuse, dirt, ashes, cinders, mud, sand, dredgings, sludge, acid, or any other matter of any kind" in the tidal waters of the harbor of New York or its adjacent or…”
United States v. Lindsay, 357 F. Supp. 784 (E.D.N.Y 1973).
· cites it 6× “§ 411 and Title 33 U.S.C. § 441 [The New York Harbor Act].”
The Albania, 30 F.2d 727 (S.D.N.Y. 1928).
“209 , 33 USCA §§ 441, 450), *728 entitled “An act to prevent obstructive and injurious deposits within the harbor and adjacent waters of New York City, by dumping or otherwise, and to punish and prevent such offenses,” or by sections 13 and 16 of the River and Harbor Act of…”
United States v. Helen, 164 F.2d 111 (2d Cir. 1947).
“incurred by discharging a quantity of lumber into the tidal waters of New York Harbor in violation of 33 U.S.C.A. § 441 . The scow’s owner, Christie Scow Corporation, denied the allegations of the libel and filed a petition impleading the Pennsylvania Railroad Company as…”
United States v. Maidman, 340 F. Supp. 395 (S.D.N.Y. 1971).
“33 U.S.C. § 441 2 Defendant’s acts constitute a violation of this section also.”
United States v. Vulcan Materials Co., 320 F. Supp. 1378 (D.N.J. 1970).
· cites it 3× “Specifically, the three informations charge that on thirteen separate occasions these defendants discharged into the waters of New York Harbor acid, alkaline and oil waste and refuse in violation of 33 U.S.C. § 441 . This statute provides: “The placing, discharging, or…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.