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D. Interim Guidelines for the Corps of Engineers 
At the first meeting of the Ad Hoc Committee, General Richard H. 
Groves observed that the Corps receives many applications for ocean 
disposal of a variety of industrial and domestic wastes. He indicated 
that it would be extremely helpful if there were a national policy 
which the Corps could apply in evaluating applications. Dr. Glasgow 
indicated that development of such a policy is a responsibility of 
the Interior Department and instructed the Ad Hoc Committee to pro- 
vide guidelines which might be applicable to ocean dumping permit 
applications. 
The authority of the Corps stems primarily from the Supervisory 
Harbors Act of 1888 and the River and Harbor Act of 1899, also known 
as the Refuse Act of 1899. This Act prohibits the discharge of 
refuse matter, other than that flowing from streets and sewers, into 
the navigable waters of the United States. 
Section 4 of the River and Harbor Act, approved 3 March 1905, 
authorizes the Secretary of the Army to prescribe regulations to 
govern the transportation and dumping into any navigable water, or 
waters adjacent thereto, of dredgings and other refuse materials, 
whenever in his judgment such regulations are required in the inter- 
est of navigation. Although Section 13 of the Act of 1899 also 
allows this, the Corps apparently favors citing the Act of 1905 
as authority for dumping permits. 
Section 17 of the River and Harbor Act of 1899 provides that 
the Department of Justice shall conduct the legal proceedings nec- 
essary to enforce the provisions of Sections 9-16. The District 
Engineer has power and authority to swear out process and 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 
Sections 9-16. 
The Corps of Engineers previously had authority over discharge 
of oil from vessels under the Oil Pollution Act of 1924. This 
authority was transferred to FWQA by the Clean Water Restoration 
Act of 1965, and the Water Quality Improvement Act of 1970. In the 
amendment, "discharge" was defined as "any grossly negligent, or 
willful spilling . . .'' However, stricter authority is retained 
by the Secretary of the Army under Section 13 of the Act of 1899 
which does not require any showing of fault. The New York District 
of the Corps has published a circular (Appendix 2) that sets forth 
the policy, authority, and responsibility of the Supervisor of New 
York Harbor in the enforcement of certain Federal statutes con- 
cerned with ocean disposal in the New York Bight. 
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