655 



waters endangers human health, welfare, and amen- 

 ities, and the marine environment, ecological sys- 

 tems, and economic potentirlities. 



(b) The Congress declares that It Is the policy of 

 the United States to regulate the dumping of all 

 types of materials into ocean waters and to prevent 

 or strictly limit the dumping into ocean waters of 

 any material which would adversely affect human 

 health, welfare, or amenities, or the marine environ- 

 ment, ecological systems, or economic potentialities. 



(c) It is the purpose of this chapter to regulate (1) 

 the transportation by any person of material from 

 the United States and, in the case of United States 

 vessels, aircraft, or agencies, the transportation of 

 material from a location outside the United States, 

 when in either case the transportation is for the pur- 

 pose of dumping the material into ocean waters, and 

 (2) the dumping of material transported by any 

 person from a location outside the United States, if 

 the dimiping occurs in the territorial sea or the con- 

 tiguous zone of the United States. iPub. L. 92-532, 

 § 2, Oct. 23, 1972, 86 Stat. 1052, amended Pub. L. 93- 

 254, § 1(1), Mar. 22, 1974, 88 Stat. 50.) 



Amendments 

 1974— Subsec. (b). Pub. L. 93-254 deleted statement of 

 the purpose of this chapter as being the regulation of 

 transportation of material from the United States for 

 dumping into ocean waters, and the dumping of material, 

 transported from outside the United States, if the dump- 

 ing occurs m ocean waters over which the United States 

 has Jurisdiction or over which it may exercise control, 

 under accepted principles of International law. In order 

 to protect its territory or territorial sea, now covered by 

 subsec. (c) of this section. 



Subsec. (c) Pub. L. 93-254 added subsec. (c). 



§1402. Definitions. 

 For the purposes of this chapter the term— 



(a) "Administrator" means the Administrator 

 of the Environmental Protection Agency. 



(b) "Ocean waters" means those waters of the 

 open seas lying seaward of the base line from 

 which the territorial sea Is measured, as provided 

 for in the Convention on the Territorial Sea and 

 the Contiguous Zone (15 UST 1606: TIAS 5639). 



(c) "Material" means matter of any kind or de- 

 scription, including, but not limited to, dredged 

 material, solid waste, incinerator residue, garbage, 

 sewage, sewage .sludge, munitions, radiological, 

 chemical, and biological warfare agents, radio- 

 active materials, chemicals, biological and labora- 

 tory waste, wreck or discarded equipment, rock, 

 sand, excavation debris, and industrial, municipal, 

 agricultural, and other waste; but such term does 

 not mean sewage from vessels within the meaning 

 of section 1322 of this title. Oil within the meaning 

 of section 1321 of this title shall be included only 

 to the extent that such oil is taken on board a 

 vessel or aircraft for the purpose of dumping. 



(d) "United States" includes the several States, 

 the District of Columbia, the Commonwealth of 

 Puerto Rico, the Canal Zone, the territories and 

 possessions of the United States, and the Trust 

 Territory of the Pacific Islands. 



(e) "Person" means any private person or 



entity, or any officer, employee, agent, department, 

 agency, or instrumentality of the Federal Gov- 

 ernment, of any State or local unit of government, 

 or of any foreign government. 



(f) "Dumping" means a disposition of material: 

 Provided, That it does not mean a disposition of 

 any effluent from any outfall structure to the ex- 

 tent that such disposition is regulated under the 

 provisions of the Federal Water Pollution Control 

 Act, as amended, under the provisions of section 

 407 of this title, or under the provisions of the 

 Atomic Energy Act of 1954, as amended, nor does it 

 mean a routine discharge of effluent incidental to 

 the propulsion of, or operation of motor-driven 

 equipment on, vessels: Provided further, That it 

 does not mean the construction of any fixed 

 structure or artificial island nor the intentional 

 placement of any device in ocean waters or on or 

 In the submerged land beneath such waters, for a 

 purpose other than disposal, when such construc- 

 tion or such placement Is otherwise regulated by 

 Federal or State law or occurs pursuant to an au- 

 thorized Federal or State program: And Pro- 

 vided further. That it does not include the deposit 

 of oyster 'hells, or ether materials when such de- 

 posit is mnde for the purpose of developing, main- 

 taining, or harvesting fisheries resources and Is 

 otherwise regulated bv Federal or State law or 

 occurs pursuant to an authorized Federal or State 

 program. 



(gi "District court of the United States" in- 

 cludes the Di-trict Court of Guam, the District 

 Court of the Virgin I-lands. the District Court of 

 Puerto Rico, the District Court of the Canal Zone, 

 and in the case of American Samoa and the Trust 

 Territory of the Pacific I.'-lands. the District Court 

 of the United States for the District of Hawaii, 

 which court shall have jurisdiction over actions 

 arising therein. 



(h) "Secretary" means the Secretary of the 

 Army. 



(i) "Dredged mpterial" means any material ex- 

 cavated or dredged from the navigable waters of 

 the United States. 



(j) "High-level radioactive waste" means the 

 aqueous warte resulting from the operation of the 

 first cycle solvent extraction system, or equivalent 

 and the concentrated waste from subsequent ex- 

 traction cycles, or equivalent, in a facility for re- 

 processing irradiated reactor fuels, or irradiated 

 fuel from nuclear power reactors. 



(k) "Transport" or "tran.sportation" refers to 

 the carriage and related handling of any material 

 by a vessel, or by any other vehicle, including 

 aircraft. 



(I) "Convention" means the Convention on the 



Prevention of Marine Pollution by Dumping of 



Wastes and Other Matter. 



(Pub. L. 92-532, § 3, Oct. 23, 1972. 86 Stat. 1052, 



amended Pub. L. 93-254, §1(2), Mar. 22, 1974, 88 



Stat. 50.) 



Amendments 

 1974— Subsec (c).Pub.L. 93-254. § 1(2) (A) . substituted 

 "sewage from vessels within the meaning of section 1322 



