§ 1414a. — Special provisions regarding certain dumping sites.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1414a]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 27--OCEAN DUMPING
SUBCHAPTER I--REGULATION
Sec. 1414a. Special provisions regarding certain dumping sites
(a) New York Bight Apex
(1) For purposes of this subsection--
(A) The term ``Apex'' means the New York Bight Apex consisting
of the ocean waters of the Atlantic Ocean westward of 73 degrees 30
minutes west longitude and northward of 40 degrees 10 minutes north
latitude.
(B) The term ``Apex site'' means that site within the Apex at
which the dumping of municipal sludge occurred before October 1,
1983.
(C) The term ``eligible authority'' means any sewerage authority
or other unit of State or local government that on November 2, 1983,
was authorized under court order to dump municipal sludge at the
Apex site.
(2) No person may apply for a permit under this subchapter in
relation to the dumping of, or the transportation for purposes of
dumping, municipal sludge within the Apex unless that person is an
eligible authority.
(3) The Administrator may not issue, or renew, any permit under this
subchapter that authorizes the dumping of, or the transportation for
purposes of dumping, municipal sludge within the Apex after the earlier
of--
(A) December 15, 1987; or
(B) the day determined by the Administrator to be the first day
on which municipal sludge generated by eligible authorities can
reasonably be dumped at a site designated under section 1412 of this
title other than a site within the Apex.
(b) Restriction on use of 106-mile site
The Administrator may not issue or renew any permit under this
subchapter which authorizes any person, other than a person that is an
eligible authority within the meaning of subsection (a)(1)(C) of this
section, to dump, or to transport for the purposes of dumping, municipal
sludge within the site designated under section 1412(c) of this title by
the Administrator and known as the ``106-Mile Ocean Waste Dump Site''
(as described in 49 F.R. 19005).
(Pub. L. 92-532, title I, Sec. 104A, as added Pub. L. 99-662, title XI,
Sec. 1172(b), Nov. 17, 1986, 100 Stat. 4259; Pub. L. 100-4, title V,
Sec. 508(b), Feb. 4, 1987, 101 Stat. 79; Pub. L. 100-688, title I,
Sec. 1002, Nov. 18, 1988, 102 Stat. 4139.)
Amendments
1988--Pub. L. 100-688 repealed the second of two identical sections
104A of Pub. L. 92-532, both classified to this section and enacted by
Pub. L. 99-662 and Pub. L. 100-4, thereby involving no change in text.
New York Bight Apex Not Suitable for Dumping
Section 1172(a) of Pub. L. 99-662 provided that: ``The Congress
finds that the New York Bight Apex is no longer a suitable location for
the ocean dumping of municipal sludge.''
An identical provision was enacted by Pub. L. 100-4, title V,
Sec. 508(a), Feb. 4, 1987, 101 Stat. 79.
Section Referred to in Other Sections
This section is referred to in section 1414b of this title.
