33 U.S.C. § 443

Permit for dumping; penalty for taking or towing boat or scow without permit

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In all cases of receiving on board of any scows or boats such forbidden matter or substance as described in section 441 of this title, the owner or master, or person acting in such capacity on board of such scows or boats, before proceeding to take or tow the same to the place of deposit, shall apply for and obtain from the supervisor of the harbor appointed, as provided in section 451 of this title, a permit defining the precise limits within which the discharge of such scows or boats may be made; and it shall not be lawful for the owner or master, or person acting in such capacity, of any tug or towboat to tow or move any scow or boat so loaded with such forbidden matter until such permit shall have been obtained; and every person violating the foregoing provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than $1,000 nor less than $500, and in addition thereto the master of any tug or towboat so offending shall have his license revoked or suspended for a term to be fixed by the judge before whom tried and convicted.

Notes of Decisions

Cited in 1 case, 1936–1936 · leading case: The Tiana, 18 F. Supp. 728 (S.D.N.Y. 1936).

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The Tiana, 18 F. Supp. 728 (S.D.N.Y. 1936). “I think it is perfectly clear that this case is not covered by section 443 (33 U. S.C.A. § 443) as there was no intention whatever to deposit or discharge or place any of the lumber in the waters of New York Harbor or adjacent waters.”

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