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33 U.S.C. § 444Dumping at other place than designated dumping grounds; penalty; person liable; excuses for deviation

submitted 138 years ago by ch. 496 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 243 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law punishes dumping waste somewhere other than the permitted location. Boat owners, masters, and towboat operators can all be held liable. Bad weather or equipment problems are not valid excuses.

Dumping or discharging forbidden material anywhere other than the place named in the permit is a misdemeanor. The owner and master (or whoever acts as master) of the scow or boat that does the illegal dumping can be punished under section 441 of this title. The owner and master of any tug or towboat that towed that scow or boat is equally liable -- they face the same punishment as the scow's owner and master. Every scowman or other worker on board a scow or towboat is considered to know where the permit says dumping should happen. So the owners and masters can still be punished for illegal dumping even if it was actually caused by a worker's carelessness or ignorance. None of these excuses can release the owners, masters, or employees from punishment under section 441: broken machinery, unavoidable accidents to the scow or towboat, bad weather, or mishandling of the scow or boat in any way.
the actual law source: uscode.house.gov ↗public domain

Any deviation from such dumping or discharging place specified in such permit shall be a misdemeanor, and the owner and master, or person acting in the capacity of master, of any scows or boats dumping or discharging such forbidden matter in any place other than that specified in such permit shall be liable to punishment therefor as provided in section 441 of this title; and the owner and master, or person acting in the capacity of master, of any tug or towboat towing such scows or boats shall be liable to equal punishment with the owner and master, or person acting in the capacity of master, of the scows or boats; and, further, every scowman or other employee on board of both scows and towboats shall be deemed to have knowledge of the place of dumping specified in such permit, and the owners and masters, or persons acting in the capacity of masters, shall be liable to punishment, as aforesaid, for any unlawful dumping, within the meaning of this Act and this subchapter, which may be caused by the negligence or ignorance of such scowman or other employee; and, further, neither defect in machinery nor avoidable accidents to scows or towboats, nor unfavorable weather, nor improper handling or moving of scows or boats of any kind whatsoever shall operate to release the owners and master and employees of scows and towboats from the penalties mentioned in section 441 of this title.

Source credit: (June 29, 1888, ch. 496, § 3, 25 Stat. 209; Aug. 18, 1894, ch. 299, § 3, 28 Stat. 360; May 28, 1908, ch. 212, § 8, 35 Stat. 426.)

history & why it existsrecord from the source credit
  • 1888Enacted · Act of June 29, 1888, ch. 496 · 25 Stat. 209
  • 1894Amended · Act of Aug. 18, 1894, ch. 299 · 28 Stat. 360
  • 1908Amended · Act of May 28, 1908, ch. 212 · 35 Stat. 426

A history note hasn’t been published yet. The record shows enactment by ch. 496 on 1888-06-29.

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