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U.S. Code as of:
01/19/04
Section 1412. Dumping permit program
(a) Environmental Protection Agency permits
Except in relation to dredged material, as provided for in
section 1413 of this title, and in relation to radiological,
chemical, and biological warfare agents, high-level radioactive
waste, and medical waste, for which no permit may be issued, the
Administrator may issue permits, after notice and opportunity for
public hearings, for the transportation from the United States or,
in the case of an agency or instrumentality of the United States,
or in the case of a vessel or aircraft registered in the United
States or flying the United States flag, for the transportation
from a location outside the United States, of material for the
purpose of dumping it into ocean waters, or for the dumping of
material into the waters described in section 1411(b) of this
title, where the Administrator determines that such dumping will
not unreasonably degrade or endanger human health, welfare, or
amenities, or the marine environment, ecological systems, or
economic potentialities. The Administrator shall establish and
apply criteria for reviewing and evaluating such permit
applications, and, in establishing or revising such criteria, shall
consider, but not be limited in his consideration to, the following
:
(A) The need for the proposed dumping.
(B) The effect of such dumping on human health and welfare,
including economic, esthetic, and recreational values.
(C) The effect of such dumping on fisheries resources,
plankton, fish, shellfish, wildlife, shore lines and beaches.
(D) The effect of such dumping on marine ecosystems,
particularly with respect to -
(i) the transfer, concentration, and dispersion of such
material and its byproducts through biological, physical, and
chemical processes.
(ii) potential changes in marine ecosystem diversity,
productivity, and stability, and
(iii) species and community population dynamics.
(E) The persistence and permanence of the effects of the
dumping.
(F) The effect of dumping particular volumes and concentrations
of such materials.
(G) Appropriate locations and methods of disposal or recycling,
including land-based alternatives and the probable impact of
requiring use of such alternate locations or methods upon
considerations affecting the public interest.
(H) The effect on alternate uses of oceans, such as scientific
study, fishing, and other living resource exploitation, and
non-living resource exploitation.
(I) In designating recommended sites, the Administrator shall
utilize wherever feasible locations beyond the edge of the
Continental Shelf.
In establishing or revising such criteria, the Administrator shall
consult with Federal, State, and local officials, and interested
members of the general public, as may appear appropriate to the
Administrator. With respect to such criteria as may affect the
civil works program of the Department of the Army, the
Administrator shall also consult with the Secretary. In reviewing
applications for permits, the Administrator shall make such
provision for consultation with interested Federal and State
agencies as he deems useful or necessary. No permit shall be issued
for a dumping of material which will violate applicable water
quality standards. To the extent that he may do so without relaxing
the requirements of this subchapter, the Administrator, in
establishing or revising such criteria, shall apply the standards
and criteria binding upon the United States under the Convention,
including its Annexes.
(b) Permit categories
The Administrator may establish and issue various categories of
permits, including the general permits described in section 1414(c)
of this title.
(c) Designation of sites
(1) In general
The Administrator shall, in a manner consistent with the
criteria established pursuant to subsection (a) of this section,
designate sites or time periods for dumping. The Administrator
shall designate sites or time periods for dumping that will
mitigate adverse impact on the environment to the greatest extent
practicable.
(2) Prohibitions regarding site or time period
In any case where the Administrator determines that, with
respect to certain materials, it is necessary to prohibit dumping
at a site or during a time period, the Administrator shall
prohibit the dumping of such materials in such site or during
such time period. This prohibition shall apply to any dumping at
the site or during such time period. This prohibition shall apply
to any dumping at the site or during the time period, including
any dumping under section 1413(e) of this title.
(3) Dredged material disposal sites
In the case of dredged material disposal sites, the
Administrator, in conjunction with the Secretary, shall develop a
site management plan for each site designated pursuant to this
section. In developing such plans, the Administrator and the
Secretary shall provide opportunity for public comment. Such
plans shall include, but not be limited to -
(A) a baseline assessment of conditions at the site;
(B) a program for monitoring the site;
(C) special management conditions or practices to be
implemented at each site that are necessary for protection of
the environment;
(D) consideration of the quantity of the material to be
disposed of at the site, and the presence, nature, and
bioavailability of the contaminants in the material;
(E) consideration of the anticipated use of the site over the
long term, including the anticipated closure date for the site,
if applicable, and any need for management of the site after
the closure of the site; and
(F) a schedule for review and revision of the plan (which
shall not be reviewed and revised less frequently than 10 years
after adoption of the plan, and every 10 years thereafter).
(4) General site management plan requirement; prohibitions
After January 1, 1995, no site shall receive a final
designation unless a management plan has been developed pursuant
to this section. Beginning on January 1, 1997, no permit for
dumping pursuant to this Act or authorization for dumping under
section 1413(e) of this title shall be issued for a site (other
than the site located off the coast of Newport Beach, California,
which is known as "LA-3") unless such site has received a final
designation pursuant to this subsection or an alternative site
has been selected pursuant to section 1413(b) of this title.
Beginning January 1, 2003, no permit for dumping pursuant to this
Act or authorization for dumping under section 1413(e) of this
title shall be issued for the site located off the coast of
Newport Beach, California, which is known as "LA-3", unless such
site has received a final designation pursuant to this subsection
or an alternative site has been selected pursuant to section
1413(b) of this title.
(5) Management plans for previously designated sites
The Administrator shall develop a site management plan for any
site designated prior to January 1, 1995, as expeditiously as
practicable, but not later than January 1, 1997, giving priority
consideration to management plans for designated sites that are
considered to have the greatest impact on the environment.
(d) Fish wastes
No permit is required under this subchapter for the
transportation for dumping or the dumping of fish wastes, except
when deposited in harbors or other protected or enclosed coastal
waters, or where the Administrator finds that such deposits could
endanger health, the environment, or ecological systems in a
specific location. Where the Administrator makes such a finding,
such material may be deposited only as authorized by a permit
issued by the Administrator under this section.
(e) Foreign State permits; acceptance
In the case of transportation of material, by an agency or
instrumentality of the United States or by a vessel or aircraft
registered in the United States or flying the United States flag,
from a location in a foreign State Party to the Convention, a
permit issued pursuant to the authority of that foreign State
Party, in accordance with Convention requirements, and which
otherwise could have been issued pursuant to subsection (a) of this
section, shall be accepted, for the purposes of this subchapter, as
if it were issued by the Administrator under the authority of this
section: Provided, That in the case of an agency or instrumentality
of the United States, no application shall be made for a permit to
be issued pursuant to the authority of a foreign State Party to the
Convention unless the Administrator concurs in the filing of such
application.
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