§ 443. — Permit for dumping; penalty for taking or towing boat or scow without permit.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC443]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9--PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER III--NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND HARBOR OF
BALTIMORE
Sec. 443. Permit for dumping; penalty for taking or towing boat
or scow without permit
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.
(June 29, 1888, ch. 496, Sec. 3, 25 Stat. 209; Aug. 18, 1894, ch. 299,
Sec. 3, 28 Stat. 360; May 28, 1908, ch. 212, Sec. 8, 35 Stat. 426.)
Codification
Section was enacted as part of section 3 of act June 29, 1888. Said
section 3 of act June 29, 1888, enacted sections 443 to 448 of this
title.
Section 3 of act June 29, 1888, as originally enacted, provided as
follows:
``In all cases of receiving on board of any scows or boats such
forbidden matter or substance as herein described, it shall be the duty
of 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, to apply for and obtain from the supervisor of the
harbor appointed hereunder a permit defining the precise limits within
which the discharge of such scows or boats may be made; and any
deviation from such dumping or discharging place specified in such
permit shall be a misdemeanor within the meaning of this act; and the
master and engineer, or person or persons acting in such capacity, on
board of any towboat towing such scows or boats, shall be equally guilty
of such offense with the master or person acting in the capacity of
master of the scow, and be liable to equal punishment.''
Section 3 was amended by act Aug. 18, 1894, to read as follows:
``In all cases of receiving on board of any scows or boats such
forbidden matter or substance as herein described, 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
hereunder 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 one thousand nor less than five hundred dollars,
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. And any deviation from such
dumping or discharging place specified in such permit shall be a
misdemeanor, and the owner and master, or person acting in the capacity
of master, of any scows or boats dumping or discharging such forbidden
matter in any place other than that specified in such permit shall be
liable to punishment therefor as provided in section one of the said Act
of June twenty-ninth, eighteen hundred and eighty-eight [section 441 of
this title]; and the owner and master, or person acting in the capacity
of master, of any tug or towboat towing such scows or boats shall be
liable to equal punishment with the owner and master, or person acting
in the capacity of master, of the scows or boats; and further, every
scowman or other employee on board of both scows and towboats shall be
deemed to have knowledge of the place of dumping specified in such
permit, and the owners and masters, or persons acting in the capacity of
masters, shall be liable to punishment, as aforesaid, for any unlawful
dumping, within the meaning of this Act or of the said Act of June
twenty-ninth, eighteen hundred and eighty-eight, which may be caused by
the negligence or ignorance of such scowman or other employee; and,
further, neither defect in machinery nor avoidable accidents to scows or
towboats, nor unfavorable weather, nor improper handling or moving of
scows or boats of any kind whatsoever, shall operate to release the
owners and masters and employees of scows and towboats from the
penalties hereinbefore mentioned. Every scow or boat engaged in the
transportation of dredgings, earth, sand, mud, cellar dirt, garbage, or
other offensive material of any description shall have its name or
number and owner's name painted in letters and numbers at least fourteen
inches long on both sides of the scow or boat; these names and numbers
shall be kept distinctly legible at all times, and no scow or boat not
so marked shall be used to transport or dump any such material. The
supervisor of the harbor of New York, designated as provided in section
five of the said Act of June twenty-ninth, eighteen hundred and eighty-
eight [section 451 of this title], is authorized and directed to appoint
inspectors and deputy inspectors, and, for the purpose of enforcing the
provisions of this Act and of the Act aforesaid, and of detecting and
bringing to punishment offenders against the same, the said supervisor
of the harbor, and the inspectors and deputy inspectors so appointed by
him, shall have power and authority: First. To arrest and take into
custody, with or without process, any person or persons who may commit
any of the acts or offenses prohibited by this section and by the Act of
June twenty-ninth, eighteen hundred and eighty-eight, aforesaid, or who
may violate any of the provisions of the same: Provided, That no person
shall be arrested without process for any offense not committed in the
presence of the supervisor or his inspectors or deputy inspectors, or
either of them: And provided further, That whenever any such arrest is
made the person or persons so arrested shall be brought forthwith before
a commissioner, judge, or court of the United States for examination of
the offenses alleged against him; and such commissioner, judge, or court
shall proceed in respect thereto as authorized by law in case of crimes
against the United States. Second. To go on board of any scow or towboat
engaged in unlawful dumping of prohibited material, or in moving the
same without a permit as required in this section of this Act, and to
seize and hold said boats until they are discharged by action of the
commissioner, judge, or court of the United States before whom the
offending persons are brought. Third. To arrest and take into custody
any witness or witnesses to such unlawful dumping of prohibited
material, the said witnesses to be released under proper bonds. Fourth.
To go on board of any towboat having in tow scows or boats loaded with
such prohibited material, and accompany the same to the place of dumping
whenever such action appears to be necessary to secure compliance with
the requirements of this Act and of the Act aforesaid. Fifth. To enter
gas and oil works and all other manufacturing works for the purpose of
discovering the disposition made of sludge, acid, or other injurious
material, whenever there is good reason to believe that such sludge,
acid, or other injurious material is allowed to run into the tidal
waters of the harbor in violation of section one of the aforesaid Act of
June twenty-ninth, eighteen hundred and eighty-eight [section 441 of
this title]. Every person who, directly or indirectly, gives any sum of
money or other bribe, present, or reward or makes any offer of the same
to any inspector, deputy inspector, or other employee of the office of
the supervisor of the harbor with intent to influence such inspector,
deputy inspector, or other employee to permit or overlook any violation
of the provisions of this section or of the said Act of June twenty-
ninth, eighteen hundred and eighty-eight, shall, on conviction thereof,
be fined not less than five hundred dollars nor more than one thousand
dollars, and be imprisoned not less than six months nor more than one
year. Every permit issued in accordance with the provisions of this
section of this Act which may not be taken up by an inspector or deputy
inspector shall be returned within forty-eight hours after issuance to
the office of the supervisor of the harbor; such permit shall bear an
indorsement by the master of the towboat, or the person acting in such
capacity, stating whether the permit has been used, and if so the time
and place of dumping. Any person violating the provisions of this
section shall be liable to a fine of not more than five hundred dollars
nor less than one hundred dollars.''
Section 3 was further amended by act May 28, 1908, ch. 212, Sec. 8,
to read as set forth in this section and sections 444 to 448 of this
title.
