Page:United States Statutes at Large Volume 102 Part 5.djvu/133

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 4139

PUBLIC LAW 100-688—NOV. 18, 1988

Public Law 100-688 100th Congress

An Act

To amend the Marine Protection, Research, and Sanctuaries Act of 1972 to provide for termination of ocean dumping of sewage sludge and industrial waste, and for other purposes.

Nov. 18, 1988 [S. 2030]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Environmental

TITLE I—OCEAN DUMPING OF SEWAGE SLUDGE AND INDUSTRIAL WASTE

protection. Ocean Dumping Ban Act of 1988. Safety. 33 USC 1401 note.

SEC. 1001. SHORT TITLE.

This title may be cited as the "Ocean Dumping Ban Act of 1988". SEC. 1002. ESTABLISHMENT OF FEES AND PENALTIES FOR OCEAN DUMPING OF SEWAGE SLUDGE AND INDUSTRIAL WASTE.

The Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.) is amended by striking the second section 104A 33 USC 1414a. and inserting in lieu thereof the following: "SEC. 104B. OCEAN DUMPING OF SEWAGE SLUDGE AND INDUSTRIAL WASTE. "(a) TERMINATION OF DUMPING.— "(1) PROHIBITIONS ON DUMPING.—Notwithstanding

any other

provision of law— "(A) on and after the 270th day after the date of the enactment of this section, no person (including a person described in section 104A(a)(l)(C)) shall dump into ocean waters, or transport for the purpose of dumping into ocean waters, sewage sludge or industrial waste, unless such person— "(i) has entered into a compliance agreement or enforcement agreement which meets the requirements of subsection (c)(2) or (3), as applicable; and "(ii) has obtained a permit issued under section 102 which authorizes such transportation and dumping; and "(B) 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. "(2) PROHIBITION ON NEW ENTRANTS.—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 102 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. "(b) SPECIAL DUMPING FEES.—

33 USC 1414b.