33 U.S.C. § 1414b: Ocean dumping of sewage sludge and industrial waste

has entered into a compliance agreement or enforcement agreement which meets the requirements of subsection (c)(2) or (3), as applicable; and has obtained a permit issued under section 1412 of this title which authorizes such transportation and dumping; and after December 31, 1991 , it shall be unlawful for any person to dump into ocean waters, or to transport for the purposes of dumping into ocean waters, sewage sludge or industrial waste. The Administrator shall not issue any permit under this Act which authorizes a person to dump into ocean waters, or to transport for the purposes of dumping into ocean waters, sewage sludge or industrial waste, unless that person was authorized by a permit issued under section 1412 of this title or by a court order to dump into ocean waters, or to transport for the purpose of dumping into ocean waters, sewage sludge or industrial waste on September 1, 1988 . $100 for each dry ton (or equivalent) of sewage sludge or industrial waste transported or dumped by the person on or after the 270th day after November 18, 1988 , and before January 1, 1990 ; $150 for each dry ton (or equivalent) of sewage sludge or industrial waste transported or dumped by the person on or after January 1, 1990 , and before January 1, 1991 ; and $200 for each dry ton (or equivalent) of sewage sludge or industrial waste transported or dumped by the person on or after January 1, 1991 , and before January 1, 1992 . shall pay into a trust account established by the person in accordance with subsection (e) a sum equal to 85 percent of such amount; shall pay to the Administrator a sum equal to $15 per dry ton (or equivalent) of sewage sludge and industrial waste transported or dumped by such person, for use for agency activities as provided in subsection (f)(1); subject to paragraph (5), shall pay into the Clean Oceans Fund established by the State in which the person is located a sum equal to 50 percent of the balance of such amount after application of subparagraphs (A) and (B); and subject to paragraph (5), shall pay to the State in which the person is located a sum equal to the balance of such amount after application of subparagraphs (A), (B), and (C), for deposit into the water pollution control revolving fund established by the State under title VI of the Federal Water Pollution Control Act [ 33 U.S.C. 1381 et seq.], as provided in subsection (f)(2). Fees under this subsection shall be paid on a quarterly basis. The Administrator shall waive all fees under this subsection, other than the portion of fees required to be paid to the Administrator under paragraph (2)(B) for agency activities, for any person who has entered into a compliance agreement which meets the requirements of subsection (c)(2). the person has failed to comply with the terms of a compliance agreement which the person entered into under subsection (c)(2); and such failure is likely to result in the person not being able to terminate by December 31, 1991 , dumping of sewage sludge or industrial waste into ocean waters. The Administrator may waive fees reimposed for a person under subparagraph (B) if the Administrator determines that the person has returned to compliance with a compliance agreement which the person entered into under subsection (c)(2). In any case in which a State has not established a Clean Oceans Fund or a water pollution control revolving fund under title VI of the Federal Water Pollution Control Act [ 33 U.S.C. 1381 et seq.], fees required to be paid by a person in that State under paragraph (2)(C) or (D), as applicable, shall be paid to the Administrator. if such fund has been established, shall be paid by the Administrator into the fund; or if such fund has not been established, shall revert to the general fund of the Treasury. a compliance agreement which meets the requirements of paragraph (2); or an enforcement agreement which meets the requirements of paragraph (3). it includes a plan negotiated by the person, the State in which the person is located, and the Administrator that will, in the opinion of the Administrator, if adhered to by the person in good faith, result in the phasing out and termination of ocean dumping, and transportation for the purpose of ocean dumping, of sewage sludge and industrial waste by such person by not later than December 31, 1991 , through the design, construction, and full implementation of an alternative system for the management of sewage sludge and industrial waste transported or dumped by the person; in the opinion of the Administrator, specifies reasonable dates by which the person shall complete the various activities that are necessary for the timely implementation of the alternative system referred to in subparagraph (A); and meets the requirements of paragraph (4); it requires the person to notify in a timely manner the Administrator and the Governor of the State of any problems the person has in complying with the schedule referred to in subparagraph (B); it requires the Administrator and the Governor of the State to evaluate on an ongoing basis the compliance of the person with the schedule referred to in subparagraph (B); it requires the person to pay in accordance with this section all fees and penalties the person is liable for under this section; and it authorizes the person to use interim measures before completion of the alternative system referred to in subparagraph (A). it includes a plan negotiated by the person, the State in which the person is located, and the Administrator that will, in the opinion of the Administrator, if adhered to by the person in good faith, result in the phasing out and termination of ocean dumping, and transportation for the purpose of ocean dumping, of sewage sludge and industrial waste by such person through the design, construction, and full implementation of an alternative system for the management of sewage sludge and industrial waste transported or dumped by the person; in the opinion of the Administrator, specifies reasonable dates by which the person shall complete the various activities that are necessary for the timely implementation of the alternative system referred to in subparagraph (A); and meets the requirements of paragraph (4); it requires the person to notify in a timely manner the Administrator and the Governor of the State of any problems the person has in complying with the schedule referred to in subparagraph (B); it requires the Administrator and the Governor of the State to evaluate on an ongoing basis the compliance of the person with the schedule referred to in subparagraph (B); it requires the person to pay in accordance with this section all fees and penalties the person is liable for under this section; and it authorizes the person to use interim measures before completion of the alternative system referred to in subparagraph (A). preparation of engineering designs and related specifications for the alternative system referred to in paragraph (2)(A) or paragraph (3)(A), as applicable; compliance with appropriate Federal, State, and local statutes, regulations, and ordinances; site and equipment acquisitions for such alternative system; construction and testing of such alternative system; operation of such alternative system at full capacity; and any other activities, including interim measures, that the Administrator considers necessary or appropriate. Each State that is a party to a compliance agreement or an enforcement agreement under this subsection shall establish an interest bearing account, to be known as a Clean Oceans Fund, into which a person shall pay fees and penalties in accordance with subsections (b)(2)(C) and (d)(2)(C)(i), respectively. amounts paid by the person into the fund in that year as fees pursuant to subsection (b)(2)(C) and as penalties pursuant to subsection (d)(2)(C)(i); amounts paid by the Administrator into the fund in that year as fees held in escrow for the person pursuant to subsection (b)(5)(B); and interest on such amounts. shall be used for the purposes described in subsection (e)(2)(B); and may be used for matching Federal grants. A Clean Oceans Fund established by a State pursuant to this paragraph shall be subject to such accounting, reporting, and other requirements as may be established by the Administrator to assure accountability of payments into and out of the fund. The Administrator shall provide an opportunity for public comment regarding the establishment and implementation of compliance agreements and enforcement agreements entered into pursuant to this section. For each dry ton (or equivalent) of sewage sludge or industrial waste dumped or transported by the person in violation of this subsection in calendar year 1992, $600. the amount of penalty per dry ton (or equivalent) for a violation occurring in the preceding calendar year, plus a percentage of such amount equal to 10 percent of such amount, plus an additional 1 percent of such amount for each full calendar year since December 31, 1991 . 90 percent of such amount, reduced by 5 percent of such amount for each full calendar year since December 31, 1991 ; shall pay to the Administrator a sum equal to $15 per dry ton (or equivalent) of sewage sludge and industrial waste transported or dumped by such person in that year, for use for agency activities as provided in subsection (f)(1); subject to paragraph (4), shall pay into the Clean Oceans Fund established by the State in which the person is located a sum equal to 50 percent of the balance of such amount; and subject to paragraph (4), shall pay to the State in which the person is located a sum equal to the portion of such amount which is not paid as provided in subparagraphs (A), (B), and (C), for deposit into the water pollution control revolving fund established by the State under title VI of the Federal Water Pollution Control Act [ 33 U.S.C. 1381 et seq.], as provided in subsection (f)(2); and for violations in any year after calendar year 1994, shall pay to the State in which the person is located a sum equal to the balance of such amount, for use by the State for providing assistance under subsection (f)(3). Penalties under this subsection shall be paid on a quarterly basis. In any case in which a State has not established a Clean Oceans Fund or a water pollution control revolving fund under title VI of the Federal Water Pollution Control Act, penalties required to be paid by a person in that State under paragraph (2)(C)(i) or (ii), as applicable, shall be paid to the Administrator for holding and payment or reversion, as applicable, in the same manner as fees are held and paid or revert under subsection (b)(5). A person who enters into a compliance agreement or an enforcement agreement under subsection (c) shall establish a trust account for the payment and use of fees and penalties under this section. Amounts in the account may be used only with the concurrence of the person who establishes the account and the Administrator; except that the person may use amounts in the account for a purpose authorized by subparagraph (B) after 60 days after notification of the Administrator if the Administrator does not disapprove such use before the end of such 60-day period. an alternative system, and any interim measures, for the management of sewage sludge and industrial waste, including but not limited to any such system or measures utilizing resource recovery, recycling, thermal reduction, or composting techniques; or improvements in pretreatment, treatment, and storage techniques for sewage sludge and industrial waste to facilitate the implementation of such alternative system or interim measures. Upon a finding by the Administrator that a person did not pay fees or penalties into an account as required by this section, or did not use amounts in the account in accordance with this subsection, the balance of the amounts in the account shall be paid to the State in which the person is located, for deposit into the water pollution control revolving fund established by the State under title VI of the Federal Water Pollution Control Act [ 33 U.S.C. 1381 et seq.], as provided in subsection (f)(2). for debts incurred by the person in complying with this Act or the Federal Water Pollution Control Act [ 33 U.S.C. 1251 et seq.]; in meeting the requirements of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq.) which apply to the person, including operations and maintenance; and for matching Federal grants. Amounts in a trust account under this subsection may be used for matching Federal grants. costs incurred or expected to be incurred in undertaking activities directly associated with the issuance under this Act of permits for the transportation or dumping of sewage sludge and industrial waste, including the costs of any environmental assessment of the direct effects of dumping under the permits; preparation of reports under subsection (i); and such other research, studies, and projects the Administrator considers necessary for, and consistent with, the development and implementation of alternative systems for the management of sewage sludge and industrial waste; Coast Guard surveillance of transportation and dumping of sewage sludge and industrial waste subject to this Act; and such enforcement activities conducted by the Coast Guard with respect to such transportation and dumping as may be necessary to ensure to the maximum extent practicable complete compliance with the requirements of this Act; and monitoring, research, and related activities consistent with the program developed pursuant to subsection (j)(1); and preparing annual reports to the Congress pursuant to subsection (j)(4) 1 which describe the results of such monitoring, research, and activities. 1 See References in Text note below. Amounts paid to a State pursuant to subsection (b)(2)(D), (d)(2)(C)(ii), or (e)(2)(C) shall be deposited into the water pollution control revolving fund established by the State pursuant to title VI of the Federal Water Pollution Control Act [ 33 U.S.C. 1381 et seq.]. shall not be used by the State to provide assistance to the person who paid such amounts for development or implementation of any alternative system; shall not be considered to be State matching amounts under title VI of the Federal Water Pollution Control Act; and shall not be subject to State matching requirements under such title. for implementing a management program under section 319 of the Federal Water Pollution Control Act [ 33 U.S.C. 1329 ]; for developing and implementing a conservation and management plan under section 320 of such Act [ 33 U.S.C. 1330 ]; or for implementing technologies and management practices necessary for controlling pollutant inputs adversely affecting the New York Bight, as such inputs are identified in the New York Bight Restoration Plan prepared under section 2301 of the Marine Plastic Pollution Research and Control Act of 1987; and for providing assistance to any person in the State who was not required to pay such penalties for construction of treatment works (as defined in section 212 of the Federal Water Pollution Control Act [ 33 U.S.C. 1292 ]) which are publicly owned. shall not be used by the State to provide assistance to the person who paid such amounts; shall not be considered to be State matching amounts under title VI of the Federal Water Pollution Control Act; and shall not be subject to State matching requirements under such title. Amounts of fees and penalties paid to the Administrator pursuant to subsection (b)(2)(B) or (d)(2)(B) which are used by an agency in accordance with paragraph (1) shall be deposited into the Treasury as offsetting collections of the agency. enters into a compliance agreement or an enforcement agreement under subsection (c); and obtains a permit under section 1412 of this title which authorizes such dumping or transporting. shall be delivered by personal service to the person named in the order; shall state with reasonable specificity the nature of the violation for which the order is issued; and shall enter into a compliance agreement or an enforcement agreement under subsection (c); and shall obtain a permit under section 1412 of this title which authorizes such dumping or transporting. The Administrator may request the Attorney General to commence a civil action for appropriate relief, including a temporary or permanent injunction and the imposition of civil penalties authorized by subsection (d)(1), for any violation of subsection (a)(1) or of an order issued by the Administrator under this section. Such an action may be brought in the district court of the United States for the district in which the defendant is located, resides, or is doing business, and such court shall have jurisdiction to restrain such violation and require compliance with subsection (a)(1) and any such order. the efforts of each person located in the State to comply with a compliance agreement or enforcement agreement entered into by the person pursuant to subsection (c), including the extent to which such person has complied with deadlines established by the schedule included in such agreement; activity of the State regarding permits for the construction and operation of each alternative system; and an accounting of amounts paid into and withdrawn from a Clean Oceans Fund established by the State. If a State fails to submit a report in accordance with this subsection, the Administrator shall withhold funds reserved for such State under section 205(g) of the Federal Water Pollution Control Act ( 33 U.S.C. 1285(g) ). Funds withheld pursuant to this paragraph may, at the discretion of the Administrator, be restored to a State upon compliance with this subsection. progress being made by persons issued permits under section 1412 of this title for transportation or dumping of sewage sludge or industrial waste in developing alternative systems for managing sewage sludge and industrial waste; the efforts of each such person to comply with a compliance agreement or enforcement agreement entered into by the person pursuant to subsection (c), including the extent to which such person has complied with deadlines established by the schedule included in such agreement; progress being made by the Administrator and others in identifying and implementing alternative systems for the management of sewage sludge and industrial waste; and progress being made toward the termination of ocean dumping of sewage sludge and industrial waste. Each report submitted to the Congress under this subsection shall be referred to each standing committee of the House of Representatives and of the Senate having jurisdiction over any part of the subject matter of the report. at the Apex site (as that term is defined in section 1414a of this title ); at the site designated by the Administrator under section 1412(c) of this title and known as the “106-Mile Ocean Waste Dump Site” (as described in 49 F.R. 19005); at the site at which industrial waste is dumped; and within the potential area of influence of the sewage sludge and industrial waste dumped at those sites. sampling of an appropriate number of fish and shellfish species and other organisms to assess the effects of environmental conditions on living marine organisms in these areas; and use of satellite and other advanced technologies in conducting the program. The Administrator and the Under Secretary of Commerce for Oceans and Atmosphere shall each conduct monitoring activities consistent with the program designed under paragraph (1). the term “alternative system” means any method for the management of sewage sludge or industrial waste which does not require a permit under this Act; the term “Clean Oceans Fund” means such a fund established by a State in accordance with subsection (c)(5); any dredged material discharged by the United States Army Corps of Engineers or discharged pursuant to a permit issued by the Secretary in accordance with section 1413 of this title ; and any waste from a tuna cannery operation located in American Samoa or Puerto Rico discharged pursuant to a permit issued by the Administrator under section 1412 of this title ; the term “industrial waste” means any solid, semisolid, or liquid waste generated by a manufacturing or processing plant, other than an excluded material; is used before implementation of an alternative system; and does not require a permit under this Act; and the term “sewage sludge” means any solid, semisolid, or liquid waste generated by a wastewater treatment plant, other than an excluded material.