
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 33USC449]

 
                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. 449. Disposition of dredged matter; persons liable; penalty

    All mud, dirt, sand, dredgings, and material of every kind and 
description whatever taken, dredged, or excavated from any slip, basin, 
or shoal in any harbor subject to this subchapter, and placed on any 
boat, scow, or vessel for the purpose of being taken or towed upon the 
waters of that harbor to a place of deposit, shall be deposited and 
discharged at such place or within such limits as shall be defined and 
specified by the supervisor of the harbor, as in sections 443 to 448 of 
this title prescribed, and not otherwise. Every person, firm, or 
corporation being the owner of any slip, basin, or shoal, from which 
such mud, dirt, sand, dredgings, and material shall be taken, dredged, 
or excavated, and every person, firm, or corporation in any manner 
engaged in the work of dredging or excavating any such slip, basin, or 
shoal, or of removing such mud, dirt, sand, or dredgings therefrom, 
shall severally be responsible for the deposit and discharge of all such 
mud, dirt, sand, or dredgings at such place or within such limits so 
defined and prescribed by said supervisor of the harbor; and for every 
violation of the provisions of this section the person offending shall 
be guilty of an offense, and shall be punished by a fine equal to the 
sum of $5 for every cubic yard of mud, dirt, sand, dredgings, or 
material not deposited or discharged as required by this section.

(June 29, 1888, ch. 496, Sec. 4, 25 Stat. 210; Pub. L. 85-802, 
Sec. 1(5), Aug. 28, 1958, 72 Stat. 970.)

                       References in Text

    Sections 443 to 448 of this title, referred to in text, were in the 
original ``the third section of this Act'', meaning section 3 of act 
June 29, 1888, which enacted sections 443 to 448 of this title. The 
provision of section 3 relating to specification of the limits within 
which to discharge is classified to section 443 of this title.

                          Codification

    Section was enacted as part of section 4 of act June 29, 1888, which 
enacted sections 449 and 450 of this title.


                               Amendments

    1958--Pub. L. 85-802 substituted ``any harbor subject to this 
subchapter'' for ``the harbor of New York, or the waters adjacent or 
tributary thereto'' and ``the waters of that harbor'' for ``the waters 
of the harbor of New York''.


                    Effective Date of 1958 Amendment

    Amendment by Pub. L. 85-802 effective on sixtieth day after Aug. 28, 
1958, see section 2 of Pub. L. 85-802, set out as a note under section 
441 of this title.
