146 
ER 1145-2-301 
1 July 68 
of refuse, dirt, ashes, cinders, mud, sand, dredgings, sludge, acid, or 
any other matter of any kind, other than that flowing from streets, 
sewers, and passing therefrom in a liquid state, in the tidal waters 
of the harbors of New York, Hampton Roads,, and Baltimore or its adjacent 
or tributary waters, within the limits which shall be prescribed by 
the Supervisor of the Harbor. The provisions of this act are enforced 
by the Supervisor under the direction of the Secretary of the Army. 
ec. Section 13 of the River and Harbor Act of 3 March 1899, 
the Act of 29 June 1888, as amended, and Section 3 of the Oil Pollution 
Act, 1924 covered in paragraph 14, following, were enacted by Congress 
primarily for the protection and preservation of navigable waters. 
They are administered therefore in the interests of navigation rather 
than of conservation, public health, or sanitation. ' 
14. Oil Pollution. 
a. Section 3 of the Oil Pollution Act, 1924, approved 7 June 
1924 (43 Stat. 605; 33 U.S.C. 433) prohibits the discharge of oil from 
vessels into coastal navigable waters except in case of emergency im- 
periling life or property, or unavoidable accident, collision, or 
stranding, and except as otherwise permitted by regulations prescribed 
by the Secretary of the Army. . The only regulations prescribed by the 
Secretary of the Army under this authority were issued 20 July 1943 
to govern the discharge of water ballast into the coastal waters of the 
United States and were revoked 3 January 1947. 
b. In the Clean Water Restoration Act of 1966 (P.L. 89-753) 
the Congress transferred to the Secretary of the Interior the authorities 
of the Secretary of the Army under the Oil Pollution Act, 1924 (43 Stat. 
604; 33 U.S.C. 431 et seq), and amended that Act. The definition of 
the type of discharge prohibited was greatly narrowed in the course of 
amending the Oil Pollution Act. The 1924 Act had prohibited any discharge 
of oil, by whatever means, into the navigable waters of the United — 
States, except in cases of emergency or unavoidable accident. (In the. 
1966 amendment, "discharge" was defined as "any grossly negligent, 
or willful spilling ***" of oil. (Underscoring added). As a result 
of the requirement that gross negligene be shown, and inasmuch as such 
negligence is difficult of proof, the Justice Department has not filed 
a single case since the Act was amended. There are presently before 
the Congress bills which would remove the requirement that gross negligence 
be shown. In the meantime, there is no protection, under the Oil 
Pollution Act, 1924, against accidental or negligent discharge of oil 
