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U.S. Code as of:
01/19/04
Section 1343. Ocean discharge criteria
(a) Issuance of permits
No permit under section 1342 of this title for a discharge into
the territorial sea, the waters of the contiguous zone, or the
oceans shall be issued, after promulgation of guidelines
established under subsection (c) of this section, except in
compliance with such guidelines. Prior to the promulgation of such
guidelines, a permit may be issued under such section 1342 of this
title if the Administrator determines it to be in the public
interest.
(b) Waiver
The requirements of subsection (d) of section 1342 of this title
may not be waived in the case of permits for discharges into the
territorial sea.
(c) Guidelines for determining degradation of waters
(1) The Administrator shall, within one hundred and eighty days
after October 18, 1972 (and from time to time thereafter),
promulgate guidelines for determining the degradation of the waters
of the territorial seas, the contiguous zone, and the oceans, which
shall include:
(A) the effect of disposal of pollutants on human health or
welfare, including but not limited to plankton, fish, shellfish,
wildlife, shorelines, and beaches;
(B) the effect of disposal of pollutants on marine life
including the transfer, concentration, and dispersal of
pollutants or their byproducts through biological, physical, and
chemical processes; changes in marine ecosystem diversity,
productivity, and stability; and species and community population
changes;
(C) the effect of disposal, of pollutants on esthetic,
recreation, and economic values;
(D) the persistence and permanence of the effects of disposal
of pollutants;
(E) the effect of the disposal of varying rates, of particular
volumes and concentrations of pollutants;
(F) other possible locations and methods of disposal or
recycling of pollutants including land-based alternatives; and
(G) the effect on alternate uses of the oceans, such as mineral
exploitation and scientific study.
(2) In any event where insufficient information exists on any
proposed discharge to make a reasonable judgment on any of the
guidelines established pursuant to this subsection no permit shall
be issued under section 1342 of this title.
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