656 



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." for 'oil within the meaning of section 11 of 

 the Federal Water Pollution Control Act and does not 

 mean sewage from vessels within the meaning of section 

 13 of such Act." 



Subsec. (Z).Pub. L 93-254. § 1(2) (C). added subsec. (l) . 



SUBCHAPTER I.— REGULATION 



§1111. Prohibited acts. 



(a> Except as may be authorized by a permit 

 issued pursuant to section 1412 or section 1413 of this 

 title, and subject to regulations issued pursuant to 

 section 1418 of this title, 



(1) no person shall transport from the United 

 States, and 



(2) in the case of a vessel or aircraft registered 

 in the United States or flying the United States 

 flag or in the case of a United States department, 

 agency, or instrumentality, no person shall trans- 

 port from any location 



any material for the purpose of dumping it into 

 ocean waters. 



(b) Except as may be authorized by a permit 

 issued pursuant to section 1412 of this title, and sub- 

 ject to regulations issued pursuant to section 1418 

 of this title, no person shall dump any material 

 transported from a location outside the United States 



(1) into the territorial sea of the United States, or 



(2) into a zone contiguous to the territorial sea of 

 the United States, extending to a line twelve nautical 

 miles seaward from the base line from which the 

 breadth of the territorial sea is measured, to the 

 extent that it may affect the territorial sea or the 

 territory of the United States. (Pub. L. 92-532, title I, 

 § 101, Oct. 23, 1972, 86 Stat. 1053, amended Pub. L. 

 93-254, § 1(3) , Mar. 22, 1974, 88 Stat. 51.) 



Amendments 



1974 — Subsec (a). Pub. L. 93-254 incorporated existing 

 provisions In the introductory text, substituting reference 

 to permits issued under section 1412 or section 1413 of this 

 title for prior reference to such issuance under this sub- 

 chapter; incorporated existing provisions in item desig- 

 nated (1); added Item (2); and substituted prohibition 

 against transportation of any material for ocean dumping 

 for former prohibition against such dumping of any 

 radiological, chemical, or biological warfare agent or any 

 high-level radioactive waste, or any other material. 



Subsec. (b). Pub. L 93-254 substituted reference to 

 permits issued under section 1412 of this title for former 

 reference to such Issuance under this subchapter, made 

 any ocean dumping subject to regulations issued under 

 section 1418 of this title, and substituted prohibition 

 against dumping of any material for former prohibition 

 against dumping of any radiological, chemical, or biologi- 

 cal warfare agent or any high-level radioactive waste, or 

 any other material. 



Subsec. (c). Pub L 93-254 deleted subsec (c) which 

 prohibited any officer, employee, agent, department, 

 agency, or Instrumentality of the United States from 

 transporting from any location outside the United States 

 any radiological, chemical, or biological warfare agent or 

 any high-level radioactive waste, or, except as may be 

 authorized in a permit, any other material for purpose of 

 dumping in ocean waters, now covered in subsec. (b) of 

 this section. 



§ 1412. Dumping permit program. 



(a) Environmental Protection Agency permits. 



Except in relation to dredged material, as pro- 



vided for in section 1413 of this title, and in relation 

 to radiological, chemical, and biological warfare 

 agents and high-level radioactive waste, for which 

 no permit may be issued, the Administrator may issue 

 permits, after notice and opportimity for public 

 hearings, for the transportation from the United 

 states or, in the case of an agency or inEtrumentality 

 of the United States, or in the case of a vessel or 

 aircraft registered in the United States or flying the 

 United iStates flag, for the transportation from a lo- 

 cation outside the United States, of material for the 

 purpose of dumping it into ocean waters, or for the 

 dumping of material into the waters described in 

 section 1411(b) of this title, where the Administrator 

 determines that such dumping will not unreasonably 

 degrade or endanger human health, welfare, or 

 amenities, or the marine environment, ecological 

 systems, or economic potentialities. The Adminis- 

 trator shall establish and apply criteria for review- 

 ing and evaluating such permit applications, and, 

 in establishing or revising such criteria, shall con- 

 sider, but not be limited in his consideration to, th6 

 following : 



(A) The need for the proposed dumping. 



(B) The effect of such dumping on humail 

 health and welfare, including economic, esthetic, 

 and recreational values. 



(C) The effect of such dumping on fisheries re- 

 sources, plankton, fish, shellfish, wildlife, shore 

 lines and beaches, 



(D) The effect of such dumping on marine 

 ecosystems, particularly with respect to — 



(i) the transfer, concentration, and disper- 

 sion of such material and its byproducts through 

 biological, physical, and chemical processes. 



(ii) potential changes in marine ecosystem 

 diversity, productivity, and stability, and 



(iii) species and community population 

 dynamics. 



(E) The persistence and permanence of the 

 effects of the dumping. 



(F) The effect of dumping particular volumes 

 and concentrations of such materials. 



(G) Appropriate locations and methods of dis- 

 posal or recycling, including land-based alterna- 

 tives and the arobable impact of requiring use of 

 such alternate locations or methods upon consid- 

 erations affecting the public interest. 



(H) The effect on alternate uses of oceans, such 

 as scientific study, fishing, and other living re- 

 source exploitation, and non-living resource 

 exploitation. 



(I) In designating recommended sites, the Ad- 

 ministrator shall utilize wherever feasible loca- 

 tions beyond the edge of the Continental Shelf. 

 In establishing or revising such criteria, the Admin- 

 istrator shall consult with Federal, State, and local 

 officials, and interested members of the general pub- 

 lic, as may appear appropriate to the Administrator. 

 With respect to such criteria as may affect the civil 

 works program of the Department of the Army, the 

 Administrator shall also consult with the Secretary. 

 In reviewing applications for permits, the Adminis- 

 trator shall make such provision for consultation 



