33 U.S.C. § 1414b — Ocean dumping of sewage sludge and industrial waste

submitted 38 years ago by Pub. L. 92-532 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 4,704 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section ends ocean dumping of sewage sludge and industrial waste, sets a phaseout system using agreements, fees, penalties, trust accounts, and State funds, and assigns enforcement, reporting, and monitoring duties. It defines the key terms used in the section.

(a) Termination of dumping. (1) Notwithstanding other law, beginning on the 270th day after November 18, 1988, no person, including an eligible authority under section 1414a(a)(1)(C), may dump sewage sludge or industrial waste into ocean waters or transport it for that purpose unless the person has a qualifying compliance or enforcement agreement and a section 1412 permit authorizing the transport and dumping. After December 31, 1991, no person may do either activity. (2) The Administrator may not issue a permit authorizing such activity unless, on September 1, 1988, the person had a section 1412 permit or court order authorizing it. (b) Special dumping fees. (1) Subject to paragraph (4), a person who dumps or transports the material owes $100 per dry ton or equivalent from the 270th day after November 18, 1988 through December 31, 1989; $150 per dry ton from January 1 through December 31, 1990; and $200 per dry ton from January 1 through December 31, 1991. (2) The person must pay 85 percent into its subsection (e) trust account; $15 per dry ton to the Administrator for agency activities under (f)(1); 50 percent of the remaining balance into the Clean Oceans Fund of the person’s State, subject to paragraph (5); and the remaining balance after those payments to the State for the State’s title VI water-pollution revolving fund, also subject to paragraph (5). (3) Fees are paid quarterly. (4)(A) The Administrator must waive all fees except the $15-per-ton agency portion for a person with a qualifying compliance agreement. (B) The Administrator must restore the fees if the person fails to follow the agreement and that failure is likely to prevent ending dumping by December 31, 1991. (C) The Administrator may waive restored fees if the person returns to compliance. (5) If the State has not created the required Clean Oceans Fund or revolving fund, the person pays the applicable amounts to the Administrator. The Administrator holds them in escrow until the required fund is created or until 1 year after payment, whichever comes first, then pays them into the fund if it exists or returns them to the Treasury’s general fund if it does not. (c) Compliance and enforcement agreements. (1) Before issuing a permit to transport or dump this material, the Administrator must require the person and the person’s State to enter an agreement with the Administrator: a compliance agreement meeting paragraph (2), or an enforcement agreement meeting paragraph (3). (2) A compliance agreement must contain a plan negotiated by the person, State, and Administrator that, if followed in good faith, will phase out and end that person’s ocean dumping and related transport by December 31, 1991 through designing, building, and fully implementing an alternative system. It must contain an Administrator-approved schedule with reasonable dates and paragraph (4) requirements; require prompt notice to the Administrator and Governor of schedule problems; require continuing evaluation by the Administrator and Governor; require payment of all fees and penalties owed under this section; and allow interim measures before the alternative system is complete. (3) An enforcement agreement has the same plan, schedule, notice, continuing evaluation, payment, and interim-measure requirements, except the plan is not required to promise completion by December 31, 1991. (4) The schedule must set deadlines for engineering designs and specifications; compliance with Federal, State, and local laws; site and equipment acquisition; construction and testing; full-capacity operation; and other activities, including interim measures, that the Administrator considers necessary or appropriate. (5)(A) Each State party to an agreement must create an interest-bearing Clean Oceans Fund for fees and penalties paid under (b)(2)(C) and (d)(2)(C)(i). (B) Each year, the State must pay each participating person an amount equal to that person’s payments into the fund that year, the Administrator’s escrow payments for that person, and interest on those amounts. (C) The person must use the payment for (e)(2)(B) projects, and may use it to match Federal grants. (D) The fund must meet Administrator accounting, reporting, and other accountability requirements. (6) The Administrator must allow public comment on establishing and carrying out these agreements. (d) Penalties. (1) Instead of any other civil penalty under the Act, a person with either agreement who violates (a)(1)(B) owes a civil penalty assessed by the Administrator of $600 per dry ton for violations in 1992. For each later year, the penalty per ton equals the prior year’s penalty plus 10 percent of that amount plus another 1 percent of that amount for each full calendar year since December 31, 1991. (2) The person must pay into the subsection (e) trust account a percentage equal to 90 percent of the penalty, reduced by 5 percent of the penalty for each full calendar year since December 31, 1991; pay the Administrator $15 per dry ton for agency activities; for violations before 1995, pay 50 percent of the remaining balance into the State Clean Oceans Fund and the rest of the balance to the State’s title VI revolving fund, subject to paragraph (4); and for violations after 1994, pay the remaining balance to the State for assistance under (f)(3). (3) Penalties are paid quarterly. (4) If the State has not created the required fund, the applicable payments go to the Administrator for holding and later payment or reversion in the same way as fees under (b)(5). (e) Trust account. (1) A person entering either agreement must establish a trust account for this section’s fees and penalties. (2) To qualify, the account must satisfy the Administrator that money may be used only with the person’s and Administrator’s concurrence, except that the person may use it for a (B) purpose after notifying the Administrator for 60 days if the Administrator does not disapprove; may be used only for projects identifying, developing, and implementing an alternative system or interim measures, including resource recovery, recycling, thermal reduction, or composting, or for improving pretreatment, treatment, and storage to support those systems; and, if the Administrator finds required payments were not made or the money was misused, the balance must be paid to the State for the title VI revolving fund under (f)(2). (3) Once the Administrator determines dumping has ended, the remaining balance must be paid to the person for debts incurred under this Act or the Federal Water Pollution Control Act, for meeting that Act’s applicable requirements including operation and maintenance, and for matching Federal grants. (4) Trust-account money may be used to match Federal grants. (f) Use of fees and penalties. (1) Of fees and penalties paid to the Administrator under (b)(2)(B) and (d)(2)(B), no more than one-third may be used by the Administrator for permit-related costs and environmental assessments, reports under (i), and research or projects for alternative systems; no more than one-third may be transferred to the Coast Guard department’s Secretary for surveillance and enforcement; and no more than one-third may be transferred to the Commerce Under Secretary for Oceans and Atmosphere for monitoring, research, related activities under (j)(1), and annual reports under (j)(4). Amounts used under this paragraph must be deposited into Treasury as the agency’s offsetting collections. (2) Money paid to a State under (b)(2)(D), (d)(2)(C)(ii), or (e)(2)(C) must go into the State’s title VI revolving fund. It may not assist the person who paid it for an alternative system, may not count as State matching money, and is not subject to State matching requirements. (3) Penalties paid after 1994 under (d)(2)(D) may assist people in the State with section 319 management programs, section 320 conservation and management plans, or technologies and practices controlling pollutant inputs harming the New York Bight as identified in the specified restoration plan. They may also assist people who did not owe the penalties in building publicly owned treatment works. Unused amounts go into the State revolving fund and may not assist the payer, count as State matching amounts, or be subject to matching requirements. (g) Enforcement. (1) If the Administrator finds from available information that a person is dumping or transporting in violation of (a)(1), the Administrator must order the person to stop until the person enters a compliance or enforcement agreement and obtains a section 1412 permit authorizing the activity. (2) The order must be personally served, state the violation with reasonable detail, and require both the agreement and permit as conditions of dumping into ocean waters or transporting for that purpose. (3) The Administrator may ask the Attorney General to bring a civil action for appropriate relief, including a temporary or permanent injunction and the penalties in (d)(1), for violating (a)(1) or an order. The action may be brought in the United States district court where the defendant is located, lives, or does business, and that court may restrain the violation and require compliance. (h) State progress reports. (1) The Governor of each State party to an agreement must report to the Administrator on September 30, 1989, and every year afterward until the Administrator decides the dumping by people in that State has ended. The report must describe each person’s compliance efforts and compliance with schedule deadlines, State activity concerning permits for building and operating each alternative system, and money paid into and withdrawn from the State Clean Oceans Fund. (2) If the State does not report, the Administrator must withhold funds reserved for it under section 205(g) of the Federal Water Pollution Control Act. The Administrator may restore withheld funds when the State complies. (i) EPA progress reports. (1) By December 31, 1989, and each year afterward until the Administrator decides dumping has ended, the Administrator must report to Congress on permit holders’ progress in developing alternative systems, their compliance with agreement deadlines, progress by the Administrator and others in identifying and implementing alternative systems, and progress toward ending ocean dumping. (2) Each report must be sent to every standing House and Senate committee with jurisdiction over any part of its subject. (j) Environmental monitoring. (1) With the Commerce Under Secretary for Oceans and Atmosphere, the Administrator must design a program monitoring environmental conditions at the Apex site; the Administrator-designated 106-Mile Ocean Waste Dump Site described in 49 F.R. 19005; the industrial-waste dump site; and the possible area affected by material dumped at those sites. (2) The program must include, among other things, sampling an appropriate number of fish, shellfish, and other organisms to assess effects on living marine organisms, and use of satellite and other advanced technology. (3) The Administrator and the Under Secretary must each conduct monitoring consistent with the program. (4) Omitted. (k) Definitions. “Alternative system” means a sewage-sludge or industrial-waste management method that does not require a permit under the Act. “Clean Oceans Fund” means a fund created by a State under (c)(5). “Excluded material” means dredged material discharged by the Army Corps of Engineers or under a Secretary-issued section 1413 permit, and waste from a tuna cannery in American Samoa or Puerto Rico discharged under an Administrator-issued section 1412 permit. “Industrial waste” means solid, semisolid, or liquid waste from a manufacturing or processing plant, excluding excluded material. “Interim measure” means a short-term management method used before an alternative system and not requiring an Act permit. “Sewage sludge” means solid, semisolid, or liquid waste from a wastewater treatment plant, excluding excluded material.

the actual law source: uscode.house.gov ↗public domain

(a) Termination of dumping

(1) Prohibitions on dumping

Notwithstanding any other provision of law—

(A)

on and after the 270th day after November 18, 1988, no person (including a person described in section 1414a(a)(1)(C) of this title) shall dump into ocean waters, or transport for the purpose of dumping into ocean waters, sewage sludge or industrial waste, unless such person—

(i)

has entered into a compliance agreement or enforcement agreement which meets the requirements of subsection (c)(2) or (3), as applicable; and

(ii)

has obtained a permit issued under section 1412 of this title which authorizes such transportation and dumping; and

(B)

after December 31, 1991, it shall be unlawful for any person to dump into ocean waters, or to transport for the purposes of dumping into ocean waters, sewage sludge or industrial waste.

(2) Prohibition on new entrants

The Administrator shall not issue any permit under this Act which authorizes a person to dump into ocean waters, or to transport for the purposes of dumping into ocean waters, sewage sludge or industrial waste, unless that person was authorized by a permit issued under section 1412 of this title or by a court order to dump into ocean waters, or to transport for the purpose of dumping into ocean waters, sewage sludge or industrial waste on September 1, 1988.

(b) Special dumping fees

(1) In general

Subject to paragraph (4), any person who dumps into ocean waters, or transports for the purpose of dumping into ocean waters, sewage sludge or industrial waste shall be liable for a fee equal to—

(A)

$100 for each dry ton (or equivalent) of sewage sludge or industrial waste transported or dumped by the person on or after the 270th day after November 18, 1988, and before January 1, 1990;

(B)

$150 for each dry ton (or equivalent) of sewage sludge or industrial waste transported or dumped by the person on or after January 1, 1990, and before January 1, 1991; and

(C)

$200 for each dry ton (or equivalent) of sewage sludge or industrial waste transported or dumped by the person on or after January 1, 1991, and before January 1, 1992.

(2) Payment of fees

Of the amount of fees under paragraph (1) for which a person is liable, such person—

(A)

shall pay into a trust account established by the person in accordance with subsection (e) a sum equal to 85 percent of such amount;

(B)

shall pay to the Administrator a sum equal to $15 per dry ton (or equivalent) of sewage sludge and industrial waste transported or dumped by such person, for use for agency activities as provided in subsection (f)(1);

(C)

subject to paragraph (5), shall pay into the Clean Oceans Fund established by the State in which the person is located a sum equal to 50 percent of the balance of such amount after application of subparagraphs (A) and (B); and

(D)

subject to paragraph (5), shall pay to the State in which the person is located a sum equal to the balance of such amount after application of subparagraphs (A), (B), and (C), for deposit into the water pollution control revolving fund established by the State under title VI of the Federal Water Pollution Control Act [33 U.S.C. 1381 et seq.], as provided in subsection (f)(2).

(3) Schedule for payment

Fees under this subsection shall be paid on a quarterly basis.

(4) Waiver of fees

(A)

The Administrator shall waive all fees under this subsection, other than the portion of fees required to be paid to the Administrator under paragraph (2)(B) for agency activities, for any person who has entered into a compliance agreement which meets the requirements of subsection (c)(2).

(B)

The Administrator shall reimpose fees under this subsection for a person for whom such fees are waived under subparagraph (A) if the Administrator determines that—

(i)

the person has failed to comply with the terms of a compliance agreement which the person entered into under subsection (c)(2); and

(ii)

such failure is likely to result in the person not being able to terminate by December 31, 1991, dumping of sewage sludge or industrial waste into ocean waters.

(C)

The Administrator may waive fees reimposed for a person under subparagraph (B) if the Administrator determines that the person has returned to compliance with a compliance agreement which the person entered into under subsection (c)(2).

(5) Payments prior to establishment of account

(A)

In any case in which a State has not established a Clean Oceans Fund or a water pollution control revolving fund under title VI of the Federal Water Pollution Control Act [33 U.S.C. 1381 et seq.], fees required to be paid by a person in that State under paragraph (2)(C) or (D), as applicable, shall be paid to the Administrator.

(B)

Amounts paid to the Administrator pursuant to this paragraph shall be held by the Administrator in escrow until the establishment of the fund into which such amounts are required to be paid under paragraph (2), or until the last day of the 1-year period beginning on the date of such payment, whichever is earlier, and thereafter—

(i)

if such fund has been established, shall be paid by the Administrator into the fund; or

(ii)

if such fund has not been established, shall revert to the general fund of the Treasury.

(1) In general

As a condition of issuing a permit under section 1412 of this title which authorizes a person to transport or dump sewage sludge or industrial waste, the Administrator shall require that, before the issuance of such permit, the person and the State in which the person is located enter into with the Administrator—

(A)

a compliance agreement which meets the requirements of paragraph (2); or

(B)

an enforcement agreement which meets the requirements of paragraph (3).

(2) Compliance agreements

An agreement shall be a compliance agreement for purposes of this section only if—

(A)

it includes a plan negotiated by the person, the State in which the person is located, and the Administrator that will, in the opinion of the Administrator, if adhered to by the person in good faith, result in the phasing out and termination of ocean dumping, and transportation for the purpose of ocean dumping, of sewage sludge and industrial waste by such person by not later than December 31, 1991, through the design, construction, and full implementation of an alternative system for the management of sewage sludge and industrial waste transported or dumped by the person;

(B)

it includes a schedule which—

(i)

in the opinion of the Administrator, specifies reasonable dates by which the person shall complete the various activities that are necessary for the timely implementation of the alternative system referred to in subparagraph (A); and

(ii)

meets the requirements of paragraph (4);

(C)

it requires the person to notify in a timely manner the Administrator and the Governor of the State of any problems the person has in complying with the schedule referred to in subparagraph (B);

(D)

it requires the Administrator and the Governor of the State to evaluate on an ongoing basis the compliance of the person with the schedule referred to in subparagraph (B);

(E)

it requires the person to pay in accordance with this section all fees and penalties the person is liable for under this section; and

(F)

it authorizes the person to use interim measures before completion of the alternative system referred to in subparagraph (A).

(3) Enforcement agreements

An agreement shall be an enforcement agreement for purposes of this section only if—

(A)

it includes a plan negotiated by the person, the State in which the person is located, and the Administrator that will, in the opinion of the Administrator, if adhered to by the person in good faith, result in the phasing out and termination of ocean dumping, and transportation for the purpose of ocean dumping, of sewage sludge and industrial waste by such person through the design, construction, and full implementation of an alternative system for the management of sewage sludge and industrial waste transported or dumped by the person;

(B)

it includes a schedule which—

(i)

(ii)

meets the requirements of paragraph (4);

(C)

it requires the person to notify in a timely manner the Administrator and the Governor of the State of any problems the person has in complying with the schedule referred to in subparagraph (B);

(D)

it requires the Administrator and the Governor of the State to evaluate on an ongoing basis the compliance of the person with the schedule referred to in subparagraph (B);

(E)

it requires the person to pay in accordance with this section all fees and penalties the person is liable for under this section; and

(F)

it authorizes the person to use interim measures before completion of the alternative system referred to in subparagraph (A).

(4) Schedules

A schedule included in a compliance agreement pursuant to paragraph (2)(B) or an enforcement agreement pursuant to paragraph (3)(B) shall establish deadlines for—

(A)

preparation of engineering designs and related specifications for the alternative system referred to in paragraph (2)(A) or paragraph (3)(A), as applicable;

(B)

compliance with appropriate Federal, State, and local statutes, regulations, and ordinances;

(C)

site and equipment acquisitions for such alternative system;

(D)

construction and testing of such alternative system;

(E)

operation of such alternative system at full capacity; and

(F)

any other activities, including interim measures, that the Administrator considers necessary or appropriate.

(5) Clean oceans funds

(A)

Each State that is a party to a compliance agreement or an enforcement agreement under this subsection shall establish an interest bearing account, to be known as a Clean Oceans Fund, into which a person shall pay fees and penalties in accordance with subsections (b)(2)(C) and (d)(2)(C)(i), respectively.

(B)

A State which establishes a Clean Oceans Fund pursuant to this paragraph shall allocate and pay from the fund each year, to each person in the State which has entered into a compliance agreement or enforcement agreement under this subsection, a portion of amounts in the fund on the last day of that year which is equal to the sum of—

(i)

amounts paid by the person into the fund in that year as fees pursuant to subsection (b)(2)(C) and as penalties pursuant to subsection (d)(2)(C)(i);

(ii)

amounts paid by the Administrator into the fund in that year as fees held in escrow for the person pursuant to subsection (b)(5)(B); and

(iii)

interest on such amounts.

(C)

Amounts allocated and paid to a person pursuant to subparagraph (B)—

(i)

shall be used for the purposes described in subsection (e)(2)(B); and

(ii)

may be used for matching Federal grants.

(D)

A Clean Oceans Fund established by a State pursuant to this paragraph shall be subject to such accounting, reporting, and other requirements as may be established by the Administrator to assure accountability of payments into and out of the fund.

(6) Public participation

The Administrator shall provide an opportunity for public comment regarding the establishment and implementation of compliance agreements and enforcement agreements entered into pursuant to this section.

(d) Penalties

(1) In general

In lieu of any other civil penalty under this Act, any person who has entered into a compliance agreement or enforcement agreement under subsection (c) and who dumps or transports sewage sludge or industrial waste in violation of subsection (a)(1)(B) shall be liable for a civil penalty, to be assessed by the Administrator, as follows:

(A)

For each dry ton (or equivalent) of sewage sludge or industrial waste dumped or transported by the person in violation of this subsection in calendar year 1992, $600.

(B)

For each dry ton (or equivalent) of sewage sludge or industrial waste dumped or transported by the person in violation of this subsection in any year after calendar year 1992, a sum equal to—

(i)

the amount of penalty per dry ton (or equivalent) for a violation occurring in the preceding calendar year, plus

(ii)

a percentage of such amount equal to 10 percent of such amount, plus an additional 1 percent of such amount for each full calendar year since December 31, 1991.

(2) Payment of penalty

Of the amount of penalties under paragraph (1) for which a person is liable, such person—

(A)

shall pay into a trust account established by the person in accordance with subsection (e) a sum which is a percentage of such amount equal to—

(i)

90 percent of such amount, reduced by

(ii)

5 percent of such amount for each full calendar year since December 31, 1991;

(B)

shall pay to the Administrator a sum equal to $15 per dry ton (or equivalent) of sewage sludge and industrial waste transported or dumped by such person in that year, for use for agency activities as provided in subsection (f)(1);

(C)

for violations in any year before calendar year 1995—

(i)

subject to paragraph (4), shall pay into the Clean Oceans Fund established by the State in which the person is located a sum equal to 50 percent of the balance of such amount; and

(ii)

subject to paragraph (4), shall pay to the State in which the person is located a sum equal to the portion of such amount which is not paid as provided in subparagraphs (A), (B), and (C), for deposit into the water pollution control revolving fund established by the State under title VI of the Federal Water Pollution Control Act [33 U.S.C. 1381 et seq.], as provided in subsection (f)(2); and

(D)

for violations in any year after calendar year 1994, shall pay to the State in which the person is located a sum equal to the balance of such amount, for use by the State for providing assistance under subsection (f)(3).

(3) Schedule for payment

Penalties under this subsection shall be paid on a quarterly basis.

(4) Payments prior to establishment of account

In any case in which a State has not established a Clean Oceans Fund or a water pollution control revolving fund under title VI of the Federal Water Pollution Control Act, penalties required to be paid by a person in that State under paragraph (2)(C)(i) or (ii), as applicable, shall be paid to the Administrator for holding and payment or reversion, as applicable, in the same manner as fees are held and paid or revert under subsection (b)(5).

(e) Trust account

(1) In general

A person who enters into a compliance agreement or an enforcement agreement under subsection (c) shall establish a trust account for the payment and use of fees and penalties under this section.

(2) Trust account requirements

An account shall be a trust account for purposes of this subsection only if it meets, to the satisfaction of the Administrator, the following requirements:

(A)

Amounts in the account may be used only with the concurrence of the person who establishes the account and the Administrator; except that the person may use amounts in the account for a purpose authorized by subparagraph (B) after 60 days after notification of the Administrator if the Administrator does not disapprove such use before the end of such 60-day period.

(B)

Amounts in the account may be used only for projects which will identify, develop, and implement—

(i)

an alternative system, and any interim measures, for the management of sewage sludge and industrial waste, including but not limited to any such system or measures utilizing resource recovery, recycling, thermal reduction, or composting techniques; or

(ii)

improvements in pretreatment, treatment, and storage techniques for sewage sludge and industrial waste to facilitate the implementation of such alternative system or interim measures.

(C)

Upon a finding by the Administrator that a person did not pay fees or penalties into an account as required by this section, or did not use amounts in the account in accordance with this subsection, the balance of the amounts in the account shall be paid to the State in which the person is located, for deposit into the water pollution control revolving fund established by the State under title VI of the Federal Water Pollution Control Act [33 U.S.C. 1381 et seq.], as provided in subsection (f)(2).

(3) Use of unexpended amounts

Upon a determination by the Administrator that a person has terminated ocean dumping of sewage sludge or industrial waste, the balance of amounts in an account established by the person under this subsection shall be paid to the person for use—

(A)

for debts incurred by the person in complying with this Act or the Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.];

(B)

in meeting the requirements of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) which apply to the person, including operations and maintenance; and

(C)

for matching Federal grants.

(4) Use for matching Federal grants

Amounts in a trust account under this subsection may be used for matching Federal grants.

(f) Use of fees and penalties

(1) Agency activities

Of the total amount of fees and penalties paid to the Administrator in a fiscal year pursuant to subsections (b)(2)(B) and (d)(2)(B), respectively—

(A)

not to exceed one-third of such total amount shall be used by the Administrator for—

(i)

costs incurred or expected to be incurred in undertaking activities directly associated with the issuance under this Act of permits for the transportation or dumping of sewage sludge and industrial waste, including the costs of any environmental assessment of the direct effects of dumping under the permits;

(ii)

preparation of reports under subsection (i); and

(iii)

such other research, studies, and projects the Administrator considers necessary for, and consistent with, the development and implementation of alternative systems for the management of sewage sludge and industrial waste;

(B)

not to exceed one-third of such total amount shall be transferred to the Secretary of the department in which the Coast Guard is operating for use for—

(i)

Coast Guard surveillance of transportation and dumping of sewage sludge and industrial waste subject to this Act; and

(ii)

such enforcement activities conducted by the Coast Guard with respect to such transportation and dumping as may be necessary to ensure to the maximum extent practicable complete compliance with the requirements of this Act; and

(C)

not to exceed one-third of such total amount shall be transferred to the Under Secretary of Commerce for Oceans and Atmosphere for use for—

(i)

monitoring, research, and related activities consistent with the program developed pursuant to subsection (j)(1); and

(ii)

preparing annual reports to the Congress pursuant to subsection (j)(4) 1 which describe the results of such monitoring, research, and activities.

(2) Deposits into State water pollution control revolving fund

(A)

Amounts paid to a State pursuant to subsection (b)(2)(D), (d)(2)(C)(ii), or (e)(2)(C) shall be deposited into the water pollution control revolving fund established by the State pursuant to title VI of the Federal Water Pollution Control Act [33 U.S.C. 1381 et seq.].

(B)

Amounts deposited into a State water pollution control revolving fund pursuant to this paragraph—

(i)

shall not be used by the State to provide assistance to the person who paid such amounts for development or implementation of any alternative system;

(ii)

shall not be considered to be State matching amounts under title VI of the Federal Water Pollution Control Act; and

(iii)

shall not be subject to State matching requirements under such title.

(3) Penalty payments to States after 1994

(A)

Amounts paid to a State as penalties pursuant to subsection (d)(2)(D) may be used by the State—

(i)

for providing assistance to any person in the State—

(I)

for implementing a management program under section 319 of the Federal Water Pollution Control Act [33 U.S.C. 1329];

(II)

for developing and implementing a conservation and management plan under section 320 of such Act [33 U.S.C. 1330]; or

(III)

for implementing technologies and management practices necessary for controlling pollutant inputs adversely affecting the New York Bight, as such inputs are identified in the New York Bight Restoration Plan prepared under section 2301 of the Marine Plastic Pollution Research and Control Act of 1987; and

(ii)

for providing assistance to any person in the State who was not required to pay such penalties for construction of treatment works (as defined in section 212 of the Federal Water Pollution Control Act [33 U.S.C. 1292]) which are publicly owned.

(B)

Amounts paid to a State as penalties pursuant to subsection (d)(2)(D) which are not used in accordance with subparagraph (A) shall be deposited into the water pollution control revolving fund established by the State under title VI of the Federal Water Pollution Control Act. Amounts deposited into such a fund pursuant to this subparagraph—

(i)

shall not be used by the State to provide assistance to the person who paid such amounts;

(ii)

shall not be considered to be State matching amounts under title VI of the Federal Water Pollution Control Act; and

(iii)

shall not be subject to State matching requirements under such title.

(4) Deposits into Treasury as offsetting collections

Amounts of fees and penalties paid to the Administrator pursuant to subsection (b)(2)(B) or (d)(2)(B) which are used by an agency in accordance with paragraph (1) shall be deposited into the Treasury as offsetting collections of the agency.

(g) Enforcement

(1) In general

Whenever, on the basis of any information available, the Administrator finds that a person is dumping or transporting sewage sludge or industrial waste in violation of subsection (a)(1), the Administrator shall issue an order requiring such person to terminate such dumping or transporting (as applicable) until such person—

(A)

enters into a compliance agreement or an enforcement agreement under subsection (c); and

(B)

obtains a permit under section 1412 of this title which authorizes such dumping or transporting.

(2) Requirements of order

Any order issued by the Administrator under this subsection—

(A)

shall be delivered by personal service to the person named in the order;

(B)

shall state with reasonable specificity the nature of the violation for which the order is issued; and

(C)

shall require that the person named in the order, as a condition of dumping into ocean waters, or transporting for the purpose of dumping into ocean waters, sewage sludge or industrial waste—

(i)

shall enter into a compliance agreement or an enforcement agreement under subsection (c); and

(ii)

shall obtain a permit under section 1412 of this title which authorizes such dumping or transporting.

(3) Actions

The Administrator may request the Attorney General to commence a civil action for appropriate relief, including a temporary or permanent injunction and the imposition of civil penalties authorized by subsection (d)(1), for any violation of subsection (a)(1) or of an order issued by the Administrator under this section. Such an action may be brought in the district court of the United States for the district in which the defendant is located, resides, or is doing business, and such court shall have jurisdiction to restrain such violation and require compliance with subsection (a)(1) and any such order.

(h) State progress reports

(1) In general

The Governor of each State that is a party to a compliance agreement or an enforcement agreement under subsection (c) shall submit to the Administrator on September 30 of 1989 and of every year thereafter until the Administrator determines that ocean dumping of sewage sludge and industrial waste by persons located in that State has terminated, a report which describes—

(A)

the efforts of each person located in the State to comply with a compliance agreement or enforcement agreement entered into by the person pursuant to subsection (c), including the extent to which such person has complied with deadlines established by the schedule included in such agreement;

(B)

activity of the State regarding permits for the construction and operation of each alternative system; and

(C)

an accounting of amounts paid into and withdrawn from a Clean Oceans Fund established by the State.

(2) Failure to submit report

If a State fails to submit a report in accordance with this subsection, the Administrator shall withhold funds reserved for such State under section 205(g) of the Federal Water Pollution Control Act (33 U.S.C. 1285(g)). Funds withheld pursuant to this paragraph may, at the discretion of the Administrator, be restored to a State upon compliance with this subsection.

(i) EPA progress reports

(1) In general

Not later than December 31 of 1989 and of each year thereafter until the Administrator determines that ocean dumping of sewage sludge and industrial waste has terminated, the Administrator shall prepare and submit to the Congress a report on—

(A)

progress being made by persons issued permits under section 1412 of this title for transportation or dumping of sewage sludge or industrial waste in developing alternative systems for managing sewage sludge and industrial waste;

(B)

the efforts of each such person to comply with a compliance agreement or enforcement agreement entered into by the person pursuant to subsection (c), including the extent to which such person has complied with deadlines established by the schedule included in such agreement;

(C)

progress being made by the Administrator and others in identifying and implementing alternative systems for the management of sewage sludge and industrial waste; and

(D)

progress being made toward the termination of ocean dumping of sewage sludge and industrial waste.

(2) Referral to Congressional committees

Each report submitted to the Congress under this subsection shall be referred to each standing committee of the House of Representatives and of the Senate having jurisdiction over any part of the subject matter of the report.

(j) Environmental monitoring

(1) In general

The Administrator, in cooperation with the Under Secretary of Commerce for Oceans and Atmosphere, shall design a program for monitoring environmental conditions—

(A)

at the Apex site (as that term is defined in section 1414a of this title);

(B)

at the site designated by the Administrator under section 1412(c) of this title and known as the “106-Mile Ocean Waste Dump Site” (as described in 49 F.R. 19005);

(C)

at the site at which industrial waste is dumped; and

(D)

within the potential area of influence of the sewage sludge and industrial waste dumped at those sites.

(2) Program requirements

The program designed under paragraph (1) shall include, but is not limited to—

(A)

sampling of an appropriate number of fish and shellfish species and other organisms to assess the effects of environmental conditions on living marine organisms in these areas; and

(B)

use of satellite and other advanced technologies in conducting the program.

(3) Monitoring activities

The Administrator and the Under Secretary of Commerce for Oceans and Atmosphere shall each conduct monitoring activities consistent with the program designed under paragraph (1).

(4) Omitted

(k) Definitions

For purposes of this section—

(1)

the term “alternative system” means any method for the management of sewage sludge or industrial waste which does not require a permit under this Act;

(2)

the term “Clean Oceans Fund” means such a fund established by a State in accordance with subsection (c)(5);

(3)

the term “excluded material” means—

(A)

any dredged material discharged by the United States Army Corps of Engineers or discharged pursuant to a permit issued by the Secretary in accordance with section 1413 of this title; and

(B)

any waste from a tuna cannery operation located in American Samoa or Puerto Rico discharged pursuant to a permit issued by the Administrator under section 1412 of this title;

(4)

the term “industrial waste” means any solid, semisolid, or liquid waste generated by a manufacturing or processing plant, other than an excluded material;

(5)

the term “interim measure” means any short-term method for the management of sewage sludge or industrial waste, which—

(A)

is used before implementation of an alternative system; and

(B)

does not require a permit under this Act; and

(6)

the term “sewage sludge” means any solid, semisolid, or liquid waste generated by a wastewater treatment plant, other than an excluded material.

Source credit: (Pub. L. 92–532, title I, § 104B, as added Pub. L. 100–688, title I, § 1002, Nov. 18, 1988, 102 Stat. 4139.)

history & why it existsrecord from the source credit

1988Enacted · Pub. L. 92-532 · 102 Stat. 4139

A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-532 on 1988-11-18.

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