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33 U.S.C. § 407Deposit of refuse in navigable waters generally

submitted 127 years ago by ch. 425 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 305 words · no verdicts yet

in plain englishAI-generated · not legal advice

It is illegal to dump refuse from a boat, shore, or factory into a navigable U.S. water, or onto a riverbank where it could wash in. There are two exceptions: work approved as part of improving the waterway, and material the Secretary of the Army permits under set conditions. Breaking a permit's conditions is also illegal.

This section bans dumping refuse into navigable waters, with two exceptions. The main rule: it is unlawful to throw, discharge, or deposit refuse matter of any kind into any navigable U.S. water, or into a tributary that could carry it there. This applies whether the refuse comes from a ship, barge, or other floating craft, or from a shore, wharf, factory, or mill. The only refuse this rule does not cover is liquid runoff flowing naturally from streets and sewers. It is also unlawful to deposit material on the bank of a navigable water, or on the bank of its tributary, if the material could be washed into the water by ordinary or high tides, storms, floods, or otherwise, in a way that blocks or interferes with navigation. First proviso: this ban does not apply to work done to improve navigable waters or build public works, when U.S. officers supervising that work consider it necessary and proper. Second proviso: the Secretary of the Army can permit deposits of the material described above, if the Chief of Engineers judges that doing so will not harm anchorage or navigation. The applicant must apply before depositing anything, and the Secretary sets the limits and conditions. Anyone who gets a permit must strictly follow its conditions. Violating those conditions is unlawful.
the actual law source: uscode.house.gov ↗public domain

It shall not be lawful to throw, discharge, or deposit, or cause, suffer, or procure to be thrown, discharged, or deposited either from or out of any ship, barge, or other floating craft of any kind, or from the shore, wharf, manufacturing establishment, or mill of any kind, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liquid state, into any navigable water of the United States, or into any tributary of any navigable water from which the same shall float or be washed into such navigable water; and it shall not be lawful to deposit, or cause, suffer, or procure to be deposited material of any kind in any place on the bank of any navigable water, or on the bank of any tributary of any navigable water, where the same shall be liable to be washed into such navigable water, either by ordinary or high tides, or by storms or floods, or otherwise, whereby navigation shall or may be impeded or obstructed: Provided, That nothing herein contained shall extend to, apply to, or prohibit the operations in connection with the improvement of navigable waters or construction of public works, considered necessary and proper by the United States officers supervising such improvement or public work: And provided further, That the Secretary of the Army, whenever in the judgment of the Chief of Engineers anchorage and navigation will not be injured thereby, may permit the deposit of any material above mentioned in navigable waters, within limits to be defined and under conditions to be prescribed by him, provided application is made to him prior to depositing such material; and whenever any permit is so granted the conditions thereof shall be strictly complied with, and any violation thereof shall be unlawful.

Source credit: (Mar. 3, 1899, ch. 425, § 13, 30 Stat. 1152; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)

history & why it existsrecord from the source credit
  • 1899Enacted · Act of Mar. 3, 1899, ch. 425 · 30 Stat. 1152
  • 1947Amended · Act of July 26, 1947, ch. 343 · 61 Stat. 501

A history note hasn’t been published yet. The record shows enactment by ch. 425 on 1899-03-03.

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