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U.S. Code as of:
01/19/04
Section 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
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(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
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(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.
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