§1412a. Emergency dumping of industrial waste

(a) Issuance of emergency permits

Notwithstanding section 104B of the Marine Protection, Research, and Sanctuaries Act of 1972 [33 U.S.C. 1414b], after December 31, 1981, the Administrator may issue emergency permits under title I of such Act [33 U.S.C. 1411 et seq.] for the dumping of industrial waste into ocean waters, or into waters described in such section 101(b) [33 U.S.C. 1411(b)], if the Administrator determines that there has been demonstrated to exist an emergency, requiring the dumping of such waste, which poses an unacceptable risk relating to human health and admits of no other feasible solution. As used herein, "emergency" refers to situations requiring action with a marked degree of urgency.

(b) "Industrial waste" defined

For purposes of this section, the term "industrial waste" means any solid, semisolid, or liquid waste generated by a manufacturing or processing plant.

( Pub. L. 95–153, §4, Nov. 4, 1977, 91 Stat. 1255 ; Pub. L. 96–572, §2, Dec. 22, 1980, 94 Stat. 3344 ; Pub. L. 100–688, title I, §1003(a), Nov. 18, 1988, 102 Stat. 4149 .)

Editorial Notes

References in Text

The Marine Protection, Research, and Sanctuaries Act of 1972, referred to in subsec. (a), is Pub. L. 92–532, Oct. 23, 1972, 86 Stat. 1052 . Title I of the Act is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 1401 of this title and Tables.

Such section 101(b), referred to in subsec. (b), means section 101(b) of the Marine Protection, Research, and Sanctuaries Act of 1972.

Codification

Section was not enacted as part of the Marine Protection, Research, and Sanctuaries Act of 1972 which comprises this chapter.

Amendments

1988-Subsec. (a). Pub. L. 100–688, §1003(a)(1), (3)–(5), redesignated subsec. (c) as (a), substituted "Notwithstanding section 104B of the Marine Protection, Research, and Sanctuaries Act of 1972 after" for "After", and "title I of such Act" for "such title I". Former subsec. (a), which related to cessation of dumping, with exceptions, was struck out.

Subsec. (b). Pub. L. 100–688, §1003(a)(2), (7), added subsec. (b). Former subsec. (b), which related to issuance of permits for dumping of industrial waste, was struck out.

Subsec. (c). Pub. L. 100–688, §1003(a)(3), redesignated subsec. (c) as (a).

Subsec. (d). Pub. L. 100–688, §1003(a)(6), struck out subsec. (d) which related to definitions.

1980-Subsec. (a). Pub. L. 96–572, §2(1), inserted applicability to industrial waste, exceptions respecting subsecs. (b) and (c) of this section, and conforming changes in phraseology.

Subsec. (b). Pub. L. 96–572, §2(2), added subsec. (b). Former subsec. (b), defining "sewage sludge", was struck out.

Subsecs. (c), (d). Pub. L. 96–572, §2(2), added subsecs. (c) and (d).