
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 33USC1414]

 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
                        CHAPTER 27--OCEAN DUMPING
 
                        SUBCHAPTER I--REGULATION
 
Sec. 1414. Permit conditions


(a) Designated and included conditions

    Permits issued under this subchapter shall designate and include (1) 
the type of material authorized to be transported for dumping or to be 
dumped; (2) the amount of material authorized to be transported for 
dumping or to be dumped; (3) the location where such transport for 
dumping will be terminated or where such dumping will occur; (4) such 
requirements, limitations, or conditions as are necessary to assure 
consistency with any site management plan approved pursuant to section 
1412(c) of this title; (5) any special provisions deemed necessary by 
the Administrator or the Secretary, as the case may be, after 
consultation with the Secretary of the Department in which the Coast 
Guard is operating, for the monitoring and surveillance of the 
transportation or dumping; and (6) such other matters as the 
Administrator or the Secretary, as the case may be, deems appropriate. 
Permits issued under this subchapter shall be issued for a period of not 
to exceed 7 years.

(b) Permit processing fees; reporting requirements

    The Administrator or the Secretary, as the case may be, may 
prescribe such processing fees for permits and such reporting 
requirements for actions taken pursuant to permits issued by him under 
this subchapter as he deems appropriate.

(c) General permits

    Consistent with the requirements of sections 1412 and 1413 of this 
title, but in lieu of a requirement for specific permits in such case, 
the Administrator or the Secretary, as the case may be, may issue 
general permits for the transportation for dumping, or dumping, or both, 
of specified materials or classes of materials for which he may issue 
permits, which he determines will have a minimal adverse environmental 
impact.

(d) Review

    Any permit issued under this subchapter shall be reviewed 
periodically and, if appropriate, revised. The Administrator or the 
Secretary, as the case may be, may limit or deny the issuance of 
permits, or he may alter or revoke partially or entirely the terms of 
permits issued by him under this subchapter, for the transportation for 
dumping, or for the dumping, or both, of specified materials or classes 
of materials, where he finds, based upon monitoring data from the dump 
site and surrounding area, that such materials cannot be dumped 
consistently with the criteria and other factors required to be applied 
in evaluating the permit application. No action shall be taken under 
this subsection unless the affected person or permittee shall have been 
given notice and opportunity for a hearing on such action as proposed.

(e) Information for review and evaluation of applications

    The Administrator or the Secretary, as the case may be, shall 
require an applicant for a permit under this subchapter to provide such 
information as he may consider necessary to review and evaluate such 
application.

(f) Public information

    Information received by the Administrator or the Secretary, as the 
case may be, as a part of any application or in connection with any 
permit granted under this subchapter shall be available to the public as 
a matter of public record, at every stage of the proceeding. The final 
determination of the Administrator or the Secretary, as the case may be, 
shall be likewise available.

(g) Display of issued permits

    A copy of any permit issued under this subchapter shall be placed in 
a conspicuous place in the vessel which will be used for the 
transportation or dumping authorized by such permit, and an additional 
copy shall be furnished by the issuing official to the Secretary of the 
department in which the Coast Guard is operating, or its designee.

(h) Low-level radioactive waste; research purposes

    Notwithstanding any provision of this subchapter to the contrary, 
during the two-year period beginning on January 6, 1983, no permit may 
be issued under this subchapter that authorizes the dumping of any low-
level radioactive waste unless the Administrator of the Environmental 
Protection Agency determines--
        (1) that the proposed dumping is necessary to conduct research--
            (A) on new technology related to ocean dumping, or
            (B) to determine the degree to which the dumping of such 
        substance will degrade the marine environment;

        (2) that the scale of the proposed dumping is limited to the 
    smallest amount of such material and the shortest duration of time 
    that is necessary to fulfill the purposes of the research, such that 
    the dumping will have minimal adverse impact upon human health, 
    welfare, and amenities, and the marine environment, ecological 
    systems, economic potentialities, and other legitimate uses;
        (3) after consultation with the Secretary of Commerce, that the 
    potential benefits of such research will outweigh any such adverse 
    impact; and
        (4) that the proposed dumping will be preceded by appropriate 
    baseline monitoring studies of the proposed dump site and its 
    surrounding environment.

Each permit issued pursuant to this subsection shall be subject to such 
conditions and restrictions as the Administrator determines to be 
necessary to minimize possible adverse impacts of such dumping.

(i) Radioactive Material Disposal Impact Assessment; Congressional 
        approval

    (1) Two years after January 6, 1983, the Administrator may not issue 
a permit under this subchapter for the disposal of radioactive waste 
material until the applicant, in addition to complying with all other 
requirements of this subchapter, prepares, with respect to the site at 
which the disposal is proposed, a Radioactive Material Disposal Impact 
Assessment which shall include--
        (A) a listing of all radioactive materials in each container to 
    be disposed, the number of containers to be dumped, the structural 
    diagrams of each container, the number of curies of each material in 
    each container, and the exposure levels in rems at the inside and 
    outside of each container;
        (B) an analysis of the environmental impact of the proposed 
    action, at the site at which the applicant desires to dispose of the 
    material, upon human health and welfare and marine life;
        (C) any adverse environmental effects at the site which cannot 
    be avoided should the proposal be implemented;
        (D) an analysis of the resulting environmental and economic 
    conditions if the containers fail to contain the radioactive waste 
    material when initially deposited at the specific site;
        (E) a plan for the removal or containment of the disposed 
    nuclear material if the container leaks or decomposes;
        (F) a determination by each affected State whether the proposed 
    action is consistent with its approved Coastal Zone Management 
    Program;
        (G) an analysis of the economic impact upon other users of 
    marine resources;
        (H) alternatives to the proposed action;
        (I) comments and results of consultation with State officials 
    and public hearings held in the coastal States that are nearest to 
    the affected areas;
        (J) a comprehensive monitoring plan to be carried out by the 
    applicant to determine the full effect of the disposal on the marine 
    environment, living resources, or human health, which plan shall 
    include, but not be limited to, the monitoring of exterior container 
    radiation samples, the taking of water and sediment samples, and 
    fish and benthic animal samples, adjacent to the containers, and the 
    acquisition of such other information as the Administrator may 
    require; and
        (K) such other information which the Administrator may require 
    in order to determine the full effects of such disposal.

    (2) The Administrator shall include, in any permit to which 
paragraph (1) applies, such terms and conditions as may be necessary to 
ensure that the monitoring plan required under paragraph (1)(J) is fully 
implemented, including the analysis by the Administrator of the samples 
required to be taken under the plan.
    (3) The Administrator shall submit a copy of the assessment prepared 
under paragraph (1) with respect to any permit to the Committee on 
Merchant Marine and Fisheries of the House of Representatives and the 
Committee on Environment and Public Works of the Senate.
    (4)(A) Upon a determination by the Administrator that a permit to 
which this subsection applies should be issued, the Administrator shall 
transmit such a recommendation to the House of Representatives and the 
Senate.
    (B) No permit may be issued by the Administrator under this Act for 
the disposal of radioactive materials in the ocean unless the Congress, 
by approval of a resolution described in paragraph (D) within 90 days of 
continuous session of the Congress beginning on the date after the date 
of receipt by the Senate and the House of Representatives of such 
recommendation, authorizes the Administrator to grant a permit to 
dispose of radioactive material under this Act.
    (C) For purposes of this subsection--
        (1) continuity of session of the Congress is broken only by an 
    adjournment sine die;
        (2) the days on which either House is not in session because of 
    an adjournment of more than three days to a day certain are excluded 
    in the computation of the 90 day calendar period.

    (D) For the purposes of this subsection, the term ``resolution'' 
means a joint resolution, the resolving clause of which is as follows: 
``That the House of Representatives and the Senate approve and authorize 
the Administrator of the Environmental Protection Agency to grant a 
permit to __________ under the Marine Protection, Research, and 
Sanctuaries Act of 1972 to dispose of radioactive materials in the ocean 
as recommended by the Administrator to the Congress on __________, 
19__.''; the first blank space therein to be filled with the appropriate 
applicant to dispose of nuclear material and the second blank therein to 
be filled with the date on which the Administrator submits the 
recommendation to the House of Representatives and the Senate.

(Pub. L. 92-532, title I, Sec. 104, Oct. 23, 1972, 86 Stat. 1056; Pub. 
L. 97-424, title IV, Sec. 424(a), Jan. 6, 1983, 96 Stat. 2165; Pub. L. 
100-17, title I, Sec. 133(c)(1), Apr. 2, 1987, 101 Stat. 172; Pub. L. 
102-580, title V, Sec. 507, Oct. 31, 1992, 106 Stat. 4869.)

                       References in Text

    This Act and the Marine Protection, Research, and Sanctuaries Act of 
1972, referred to in subsec. (i)(4)(B), (D), is Pub. L. 92-532, Oct. 23, 
1972, 86 Stat. 1052, as amended, which is classified generally to this 
chapter, chapter 41 (Sec. 2801 et seq.) of this title, and chapters 32 
(Sec. 1431 et seq.) and 32A (Sec. 1447 et seq.) of Title 16, 
Conservation. For complete classification of this Act to the Code, see 
Short Title note set out under section 1401 of this title and Tables.


                               Amendments

    1992--Subsec. (a). Pub. L. 102-580, Sec. 507(b), inserted at end 
``Permits issued under this subchapter shall be issued for a period of 
not to exceed 7 years.''
    Pub. L. 102-580, Sec. 507(a), amended cl. (4) generally. Prior to 
amendment, cl. (4) read as follows: ``the length of time for which the 
permits are valid and their expiration date;''.
    Subsec. (d). Pub. L. 102-580, Sec. 507(c), inserted ``, based upon 
monitoring data from the dump site and surrounding area,'' after ``where 
he finds''.
    1987--Subsec. (i)(4)(D). Pub. L. 100-17 inserted ``to __________'' 
after ``grant a permit''.
    1983--Subsecs. (h), (i). Pub. L. 97-424 added subsecs. (h) and (i).

      Abolition of House Committee on Merchant Marine and Fisheries

    Committee on Merchant Marine and Fisheries of House of 
Representatives abolished and its jurisdiction transferred by House 
Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For 
treatment of references to Committee on Merchant Marine and Fisheries, 
see section 1(b)(3) of Pub. L. 104-14, set out as a note preceding 
section 21 of Title 2, The Congress.

                  Section Referred to in Other Sections

    This section is referred to in sections 1412, 1413 of this title.
