33 U.S.C. § 1414 — Permit conditions

(a) Designated and included conditions. A permit must state the material type, the amount, and where transport for dumping ends or dumping occurs. It must include requirements needed to follow an approved site-management plan, special monitoring and surveillance provisions the Administrator or Secretary finds necessary after consulting the Coast Guard department’s Secretary, and other appropriate matters. A permit may last no more than 7 years.

(b) Permit processing fees and reports. The Administrator or Secretary may set appropriate permit-processing fees and reporting requirements for actions taken under the permit.

(c) General permits. Consistent with sections 1412 and 1413, the Administrator or Secretary may issue a general permit instead of individual permits for specified materials or classes that the official decides will have minimal adverse environmental impact.

(d) Review. Each permit must be periodically reviewed and revised when appropriate. Based on monitoring data from the dump site and surrounding area, the issuing official may limit or deny permits, or partly or completely change or revoke their terms, if the material cannot be dumped consistently with the criteria and other factors used to evaluate the application. The affected person or permittee must receive notice and an opportunity for a hearing before action is taken.

(e) Application information. The issuing official must require an applicant to provide information the official considers necessary to review and evaluate the application.

(f) Public information. Application and permit information received by the Administrator or Secretary must be public records at every stage, and the final decision must also be public.

(g) Display. A copy of each permit must be kept in a conspicuous place on the vessel used for the authorized transport or dumping. Another copy must be given to the Secretary of the department in which the Coast Guard operates, or that Secretary’s designee.

(h) Low-level radioactive waste for research. For the 2 years beginning January 6, 1983, no permit may authorize dumping low-level radioactive waste unless the EPA Administrator decides that the dumping is necessary for research on new ocean-dumping technology or on how much the substance will harm the marine environment; is limited to the smallest amount and shortest time needed, with minimal adverse impact on human health, welfare, amenities, the marine environment, ecological systems, economic potential, and other legitimate uses; will produce research benefits outweighing those impacts after consultation with the Commerce Secretary; and follows appropriate baseline monitoring of the site and surroundings. The permit must include conditions and limits needed to minimize possible adverse impacts.

(i) Radioactive Material Disposal Impact Assessment and congressional approval. (1) Beginning 2 years after January 6, 1983, before issuing a radioactive-waste disposal permit, the Administrator must require an assessment covering the radioactive materials and containers, amounts and radiation levels; environmental effects on people, welfare, and marine life; unavoidable adverse effects; conditions if containers fail; a leak or decomposition removal or containment plan; each affected State’s decision about consistency with its coastal-zone program; economic effects on other marine-resource users; alternatives; comments and consultation results from State officials and coastal public hearings; a complete monitoring plan, including container-radiation, water, sediment, fish, and bottom-animal samples and any other required information; and other information needed to determine the disposal’s full effects. (2) The permit must require full implementation of the monitoring plan, including the Administrator’s analysis of required samples. (3) The Administrator must send the assessment to the House Merchant Marine and Fisheries Committee and the Senate Environment and Public Works Committee. (4)(A) If the Administrator decides the permit should issue, the Administrator must recommend it to both Houses. (B) The permit cannot issue unless Congress approves, within 90 days of continuous congressional session after receiving the recommendation, a resolution authorizing it. (C) A session is interrupted only by an adjournment sine die; days when either House is adjourned for more than 3 days to a fixed date are excluded. (D) “Resolution” means a joint resolution with the specified clause approving and authorizing the EPA Administrator to grant the named applicant a permit under the Marine Protection, Research, and Sanctuaries Act of 1972 to dispose of radioactive material in the ocean, with the blanks filled by the applicant and recommendation date.