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U.S. Code as of:
01/19/04
Section 446. Inspectors; appointment, powers, and duties
Each supervisor of a harbor is authorized and directed to appoint
inspectors and deputy inspectors, and for the purposes of enforcing
this subchapter and the Act of August 18, 1894, entitled "An Act
making appropriations for the construction, repair, and
preservation of certain public works on rivers and harbors, and for
other purposes" (28 Stat. 338), and of detecting and bringing to
punishment offenders against the same, the said supervisor of the
harbor, and the inspectors and deputy inspectors so appointed by
him, shall have power and authority.
First. To arrest and take into custody, with or without process,
any person or persons who may commit any of the acts or offenses
prohibited by this subchapter, or who may violate any of the
provisions of the same: Provided, That no person shall be arrested
without process for any offense not committed in the presence of
the supervisor or his inspectors or deputy inspectors, or either of
them: And provided further, That whenever any such arrest is made
the person or persons so arrested shall be brought forthwith before
a magistrate judge, judge, or court of the United States for
examination of the offenses alleged against him; and such
magistrate judge, judge, or court shall proceed in respect thereto
as authorized by law in case of crimes against the United States.
Second. To go on board of any scow or towboat engaged in unlawful
dumping of prohibited material, or in moving the same without a
permit, as required in sections 443 to 448 of this title, or
otherwise violating sections 443 to 448 of this title, and to seize
and hold said boats until they are discharged by action of the
magistrate judge, judge, or court of the United States before whom
the offending persons are brought.
Third. To arrest and take into custody any witness or witnesses
to such unlawful dumping of prohibited material, the said witnesses
to be released under proper bonds.
Fourth. To go on board of any towboat having in tow scows or
boats loaded with such prohibited material, and accompany the same
to the place of dumping, whenever such action appears to be
necessary to secure compliance with the requirements of this
subchapter and of the Act aforesaid.
Fifth. To enter gas and oil works and all other manufacturing
works for the purpose of discovering the disposition made of
sludge, acid, or other injurious material, whenever there is good
reason to believe that such sludge, acid, or other injurious
material is allowed to run into tidal waters of the harbor in
violation of section 441 of this title.
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