§ 1413. — Dumping permit program for dredged material.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1413]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 27--OCEAN DUMPING
SUBCHAPTER I--REGULATION
Sec. 1413. Dumping permit program for dredged material
(a) Issuance by Secretary of the Army
Subject to the provisions of subsections (b), (c), and (d) of this
section, the Secretary may issue permits, after notice and opportunity
for public hearings, for the transportation of dredged material for the
purpose of dumping it into ocean waters, where the Secretary determines
that the dumping will not unreasonably degrade or endanger human health,
welfare, or amenities, or the marine environment, ecological systems, or
economic potentialities.
(b) Independent determination of need for dumping, other methods of
disposal, and appropriate locations; alternative sites
In making the determination required by subsection (a) of this
section, the Secretary shall apply those criteria, established pursuant
to section 1412(a) of this title, relating to the effects of the
dumping. Based upon an evaluation of the potential effect of a permit
denial on navigation, economic and industrial development, and foreign
and domestic commerce of the United States, the Secretary shall make an
independent determination as to the need for the dumping. The Secretary
shall also make an independent determination as to other possible
methods of disposal and as to appropriate locations for the dumping. In
considering appropriate locations, he shall, to the maximum extent
feasible, utilize the recommended sites designated by the Administrator
pursuant to section 1412(c) of this title. In any case in which the use
of a designated site is not feasible, the Secretary may, with the
concurrence of the Administrator, select an alternative site. The
criteria and factors established in section 1412(a) of this title
relating to site selection shall be used in selecting the alternative
site in a manner consistent with the application of such factors and
criteria pursuant to section 1412(c) of this title. Disposal at or in
the vicinity of an alternative site shall be limited to a period of not
greater than 5 years unless the site is subsequently designated pursuant
to section 1412(c) of this title; except that an alternative site may
continue to be used for an additional period of time that shall not
exceed 5 years if--
(1) no feasible disposal site has been designated by the
Administrator;
(2) the continued use of the alternative site is necessary to
maintain navigation and facilitate interstate or international
commerce; and
(3) the Administrator determines that the continued use of the
site does not pose an unacceptable risk to human health, aquatic
resources, or the environment.
(c) Concurrence by Administrator
(1) Notification
Prior to issuing a permit to any person under this section, the
Secretary shall first notify the Administrator of the Secretary's
intention to do so and provide necessary and appropriate information
concerning the permit to the Administrator. Within 30 days of
receiving such information, the Administrator shall review the
information and request any additional information the Administrator
deems necessary to evaluate the proposed permit.
(2) Concurrence by Administrator
Within 45 days after receiving from the Secretary all
information the Administrator considers to be necessary to evaluate
the proposed permit, the Administrator shall, in writing, concur
with (either entirely or with conditions) or decline to concur with
the determination of the Secretary as to compliance with the
criteria, conditions, and restrictions established pursuant to
sections 1412(a) and 1412(c) of this title relating to the
environmental impact of the permit. The Administrator may request
one 45-day extension in writing and the Secretary shall grant such
request on receipt of the request.
(3) Effect of concurrence
In any case where the Administrator makes a determination to
concur (with or without conditions) or to decline to concur within
the time period specified in paragraph (2) the determination shall
prevail. If the Administrator declines to concur in the
determination of the Secretary no permit shall be issued. If the
Administrator concurs with conditions the permit shall include such
conditions. The Administrator shall state in writing the reasons for
declining to concur or for the conditions of the concurrence.
(4) Failure to act
If no written documentation is made by the Administrator within
the time period provided for in paragraph (2), the Secretary may
issue the permit.
(5) Compliance with criteria and restrictions
Unless the Administrator grants a waiver pursuant to subsection
(d) of this section, any permit issued by the Secretary shall
require compliance with such criteria and restrictions.
(d) Waiver of requirements
If, in any case, the Secretary finds that, in the disposition of
dredged material, there is no economically feasible method or site
available other than a dumping site the utilization of which would
result in non-compliance with the criteria established pursuant to
section 1412(a) of this title relating to the effects of dumping or with
the restrictions established pursuant to section 1412(c) of this title
relating to critical areas, he shall so certify and request a waiver
from the Administrator of the specific requirements involved. Within
thirty days of the receipt of the waiver request, unless the
Administrator finds that the dumping of the material will result in an
unacceptably adverse impact on municipal water supplies, shell-fish
beds, wildlife, fisheries (including spawning and breeding areas), or
recreational areas, he shall grant the waiver.
(e) Federal projects involving dredged material
In connection with Federal projects involving dredged material, the
Secretary may, in lieu of the permit procedure, issue regulations which
will require the application to such projects of the same criteria,
other factors to be evaluated, the same procedures, and the same
requirements which apply to the issuance of permits under subsections
(a), (b), (c), and (d) of this section and section 1414(a) and (d) of
this title.
(Pub. L. 92-532, title I, Sec. 103, Oct. 23, 1972, 86 Stat. 1055; Pub.
L. 102-580, title V, Secs. 504, 506(b), Oct. 31, 1992, 106 Stat. 4866,
4869.)
Amendments
1992--Subsec. (b). Pub. L. 102-580, Sec. 506(b), inserted
``maximum'' before ``extent feasible'' and inserted three sentences at
end.
Subsec. (c). Pub. L. 102-580, Sec. 504(a), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: ``Prior to
issuing any permit under this section, the Secretary shall first notify
the Administrator of his intention to do so. In any case in which the
Administrator disagrees with the determination of the Secretary as to
compliance with the criteria established pursuant to section 1412(a) of
this title relating to the effects of the dumping or with the
restrictions established pursuant to section 1412(c) of this title
relating to critical areas, the determination of the Administrator shall
prevail. Unless the Administrator grants a waiver pursuant to subsection
(d) of this section, the Secretary shall not issue a permit which does
not comply with such criteria and with such restrictions.''
Subsec. (e). Pub. L. 102-580, Sec. 504(b), inserted before period at
end ``and section 1414(a) and (d) of this title''.
Section Referred to in Other Sections
This section is referred to in sections 1411, 1412, 1414, 1414b,
1415 of this title; title 42 section 9601.
