Ocean Dumping Ban Act of 1988
PL 100-688 (S.2030), enacted 11/18/1988

PUBLIC LAW 100-688—NOV. 18, 1988 
102 STAT. 4139 
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. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
TITLE I—OCEAN DUMPING OF SEWAGE 
SLUDGE AND INDUSTRIAL WASTE 
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 DUMP-
ING 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 
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(aXlXC)) 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 indus-
trial 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.— 
Nov. 18, 1988 
[S. 2030] 
Environmental 
protection. 
Ocean Dumping 
Ban Act of 1988. 
Safety. 
33 u s e 1401 
note. 
33 u s e 1414a. 
33 u s e 1414b. 
102 STAT. 4140 
PUBLIC LAW 100-688—NOV. 18, 1988 
"(1) IN GENERAL.—Subject to paragraph (4), any person who 
dumps into ocean waters, or transports for the purpose of 
dumping into ocean waters, sewage sludge or industrial waste 
shall be liable for a fee equal to— 
"(A) $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 the date of the 
enactment of this section and before January 1,1990; 
"(B) $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 
"(C) $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. 
"(2) PAYMENT OF FEES.—Of the amount of fees under para-
graph (1) for which a person is liable, such person— 
"(A) shall pay into a trust account established by the 
person in accordance with subsection (e) a sum equal to 85 
percent of such amount; 
"(B) 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); 
"(C) 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 
"(D) 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 revolv-
ing fund established by the State under title VI of the 
Federal Water Pollution Control Act, as provided in subsec-
tion (fl(2). 
"(3) SCHEDULE FOR PAYMENT.—Fees under this subsection 
shall be paid on a quarterly basis. 
"(4) WAIVER OF FEES.—(A) The Administrator shall waive all 
fees under this subsection, other than the portion of fees re-
quired to be paid to the Administrator under paragraph (2XB) 
for agency activities, for any person who has entered into a 
compliance agreement which meets the requirements of subsec-
tion (c)(2). 
"(B) The Administrator shall reimpose fees under this subsec-
tion for a person for whom such fees are waived under subpara-
graph (A) if the Administrator determines that— 
"(i) the person has failed to comply with the terms of a 
compliance agreement which the person entered into under 
subsection (c)(2); and 
"(ii) 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. 
"(C) 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 
(cX2). 
PUBLIC LAW 100-688—NOV. 18, 1988 
102 STAT. 4141 
"(5) PAYMENTS PRIOR TO ESTABLISHMENT OF ACCOUNT.—(A) 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, 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. 
"(B) Amounts paid to the Administrator pursuant to this 
paragraph shall be held by the Administrator in escrow until 
the establishment of the fund into which such amounts are 
required to be paid under paragraph (2), or until the last day of 
the 1-year period beginning on the date of such payment, which-
ever is earlier, and thereafter— 
"(i) if such fund has been established, shall be paid by the 
Administrator into the fund; or 
"(ii) if such fund has not been established, shall revert to 
the general fund of the Treasury. 
"(c) CoMPUANCE AGREEMENTS AND ENFORCEMENT AGREEMENTS.— state and local 
"(1) IN GENERAL.—As a condition of issuing a permit under governments. 
section 102 which authorizes a person to transport or dump 
sewage sludge or industrial waste, the Administrator shall re-
quire that, before the issuance of such permit, the person and 
the State in which the person is located enter into with the 
Administrator— 
"(A) a compliance agreement which meets the require-
ments of paragraph (2); or 
"(B) an enforcement agreement which meets the require-
ments of paragraph (3). 
"(2) COMPUANCE AGREEMENTS.—An agreement shall be a 
compliance agreement for purposes of this section only if— 
"(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 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; 
"(B) it includes a schedule which— 
"(i) 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 
"(ii) meets the requirements of paragraph (4); 
"(C) 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); 
"(D) 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); 
102 STAT. 4142 
PUBLIC LAW 100-688—NOV. 18, 1988 
"(E) it requires the person to pay in accordance with this 
section all fees and penalties the person is liable for under 
this section; and 
"(F) it authorizes the person to use interim measures 
before completion of the alternative system referred to in 
subparagraph (A). 
"(3) ENFORCEMENT AGREEMENTS.—An agreement shall be an 
enforcement agreement for purposes of this section only if— 
"(A) it includes a plan n^otiated 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 dumpii^, and transportation for the 
purpose of ocean dumping, of sewage sludge and industrial 
waste by such person through the design, construction, and 
fidl implementation of an alternative system for the 
management of sewage sludge and industrial waste trans-
ported or dumped by the person; 
"(B) it includes a schedule which— 
"(i) in the opinion of the Administrator, specifies 
reasonable dat^ 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 
"(ii) meets the requirements of paragraph (4); 
"
(
C
D
) 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); 
"(D) 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); 
"(E) it requires the person to pay in accordance with this 
section all fees and penalties the person is liable for under 
this section; and 
"(F) it authorizes the person to use interim measures 
before completion of the alternative system referred to in 
subparagraph (A). 
"(4) SCHEDULES.—A schedule included in a compliance agree-
ment pursuant to paragraph (2)(B) or an enforcement agree-
ment pursuant to paragraph (3)(B) shall establish deadlines 
for— 
^'(A) preparation of engineering designs and related speci-
fications for the alternative system referred to in para-
graph (2XA) or paragraph (3XA), as appUcable; 
"(B) compliance with appropriate Federal, State, and 
local statutes, r^ulations, and ordinances; 
"(C) site and equipment acquisitions for such alternative 
system; 
"(D) construction and testing of such alternative system; 
"(E) operation of such alternative system at full capacity; 
and 
"(F) any other activities, including interim measures, 
that the Administrator considers necessary or appropriate. 
"(5) dlLEAN O
C
E
A
N
S FUNDS.—(A) Each State that is a party to a 
compliance agreement or an enforcement agreement under this 
PUBLIC LAW 100-688—NOV. 18, 1988 
102 STAT. 4143 
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 
flt)X2XC) 
and 
(dX2XCXi), respectively. 
"(B) A State which establishes a Clean Oceans Fund pursuant 
to this paragraph shall allocate and pay from the fund each 
year, to each person in the State which has entered into a 
compliance agreement or enforcement agreement under this 
subsection, a portion of amounts in the fund on the last day of 
that year which is equal to the sum of— 
"(i) amounts paid by the person into the fund in that year 
as fees pursuant to subsection (bX2XC) and as penalties 
pursuant to subsection (dX2XCXi); 
"(ii) amounts paid by the Administrator into the fund in 
that year as fees held in escrow for the person pursuant to 
subsection Ot)X5XB); and 
"(iii) interest on such amounts. 
"(C) Amounts allocated and paid to a person pursuant to 
subparagraph (B)^ 
"(i) shall be used for the purposes described in subsection 
(eX2XB); and 
"(ii) may be used for matching Federal grants. 
"(D) 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 Adminis-
trator to assure accoimtability of payments into and out of the 
fund. 
"(6) PuBUC PARTICIPATION.—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. 
'(d) PENALTIES.— 
"(1) IN GENERAL.—In lieu of any other civil penalty under this 
Act, any person who has entered into a compliance agreement 
or enforcement agreement under subsection (c) and who dumps 
or transports sewage sludge or industrial waste in violation of 
subsection (aXlXB) shall be liable for a civil penalty, to be 
assessed by the Administrator, as follows: 
"(A) 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. 
"(B) For each dry ton (or equivalent) of sewage sludge or 
industrial waste dumped or transported by the person in 
violation of this subsection in any year after calendar year 
1992, a sum equal to— 
"(i) the amount of penalty per dry ton (or equivalent) 
for a violation occurring in the preceding calendar 
year, plus 
"(ii) 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. 
"(2) PAYMENT OF PENALTY.—Of the amount of penalties under 
paragraph (1) for which a person is liable, such person— 
"(A) shall pay into a trust account established by the 
person in accordance with subsection (e) a sum which is a 
percentage of such amount equal to— 
102 STAT. 4144 
PUBLIC LAW 100-688—NOV. 18, 1988 
"(i) 90 percent of such amount, reduced by 
"(ii) 5 percent of such amount for each full calendar 
year since December 31,1991; 
"(B) 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 (fKD; 
"(C) for violations in any year before calendar year 
1995— 
"(i) 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 
"(ii) 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 sub-
paragraphs (A), (B), and (C), for deposit into the water 
goUution control revolving fund established by the 
tate under title VI of the Federal Water Pollution 
Control Act, as provided in subsection (fK2); and 
"(D) 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 (fK3). 
"(3) SCHEDULE FOR PAYMENT.—Penalties under this subsection 
shall be paid on a quarterly basis. 
State and local 
"(4) PAYMENTS PRIOR TO ESTABUSHMENT OP ACCOUNT.—In a n y 
governments. 
^.^^ ^^ ^y^^^^i 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 (2XC) (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 (bX5). 
"(e) TRUST ACCOUNT.— 
"(1) IN GENERAL.—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. 
"(2) TRUST ACCOUNT REQUIREMENTS.—An account shall be a 
trust account for purposes of this subsection only if it meets, to 
the satisfaction of the Administrator, the following require-
ments: 
"(A) 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. 
"(B) Amounts in the account may be used only for 
projects which will identify, develop, and implement— 
"(i) 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, ther-
mal reduction, or composting techniques; or 
PUBLIC LAW 100-688—NOV. 18, 1988 
102 STAT. 4145 
"(ii) improvements in pretreatment, treatment, and 
storage techniques for sewage sludge and industrial 
waste to facilitate the implementation of such alter-
native system or interim measures. 
"(C) 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 con-
trol revolving fund established by the State under title VI 
of the Federal Water Pollution Control Act, as provided in 
subsection (fX2). 
"(3) USE OP UNEXPENDED AMOUNTS.—Upon a determination by 
the Administrator that a person has terminated ocean dumping 
of sewage sludge or industrial waste, the balance of amounts in 
an account established by the person under this subsection shall 
be paid to the person for use— 
"(A) for debts incurred by the person in complying with 
this Act or the Federal Water Pollution Control Act; 
"(B) 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 
"(C) for matching Federal grants. 
"(4) USE FOR MATCHING FEDERAL GRANTS.—Amounts in a trust 
account under this subsection may be used for matching Fed-
eral grants. 
"(f) USE OF FEES AND PENALTIES.— 
"(1) AGENCY ACTIVITIES.—Of the total amount of fees and 
penalties paid to the Administrator in a fiscal year pursuant to 
subsections Q)X2XB) and (dX2XB), respectively— 
"(A) not to exceed one-third of such total amount shall be 
used by the Administrator for— 
"(i) costs incurred or expected to be incurred in 
undertaking activities directly associated with the issu-
ance under this Act of permits for the transportation or 
dumping of sewage sludge and industrial waste, includ-
ing the costs of any environmental assessment of the 
direct effects of dumping under the permits; 
"(ii) preparation of reports under subsection (i); and 
"(iii) such other research, studies, and projects the 
Administrator considers necessary for, and consistent 
with, the development and implementation of alter-
native systems for the management of sewage sludge 
and industrial waste; 
"(B) not to exceed one-third of such total amount shall be 
Uniformed 
transferred to the Secretary of the department in which the services. 
Coast Guard is operating for use for— 
"(i) Coast Guard surveillance of transportation and 
dumping of sewage sludge and industrial waste subject 
to this Act; and 
"(ii) such enforcement activities conducted by the 
Coast Guard with respect to such transportation and 
dumping as may be necessary to ensure to the maxi-
mum extent practicable complete compliance with the 
requirements of this Act; and 
102 STAT. 4146 
PUBLIC LAW 100-688—NOV. 18, 1988 
"(C) not to exceed one-third of such total amount shall be 
transferred to the Under Secretary of Commerce for Oceans 
and Atmosphere for use for— 
"(i) monitoring, research, and related activities 
consistent with the program developed pursuant to 
subsection (jXD; and 
"(ii) preparing annual reports to the Congress pursu-
ant to subsection (j)(4) which describe the results of 
such monitoring, research, and activities. 
"(2) DEPOSITS INTO STATE WATER POLLUTION CONTROL REVOLV-
ING FUND.—(A) 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 pursu-
ant to title VI of the Federal Water Pollution Control Act. 
"(B) Amounts deposited into a State water pollution control 
revolving fund pursuant to this paragraph— 
"(i) shall not be used by the State to provide Eissistance to 
the person who paid such amounts for development or 
implementation of any alternative system; 
"(ii) shall not be considered to be State matching amounts 
under title VI of the Federal Water Pollution Control Act; 
and 
"(iii) shall not be subject to State matching requirements 
under such title. 
"(3) PENALTY PAYMENTS TO STATES AFTER 1994.—(A) Amounts 
paid to a State as penalties pursuant to subsection (d)(2)(D) may 
be used by the State— 
"(i) for providing assistance to any person in the State— 
"(I) for implementing a management program under 
section 319 of the Federal Water Pollution Control Act; 
"(II) for developing and implementing a conservation 
and management plan under section 320 of such Act; or 
"(III) for implementing technologies and manage-
ment practices necessary for controlling pollutant 
inputs adversely affecting the New York Bight, EIS such 
inputs are identified in the New York Bight Restora-
tion Plan prepared under section 2301 of the Marine 
Plastic Pollution Research and Control Act of 1987; and 
"(ii) 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) which are publicly owned. 
"(B) Amounts paid to a State as penalties pursuant to subsec-
tion (d)(2)(D) which are not used in accordance with subpara-
graph (A) shall be deposited into the water pollution control 
revolving fund established by the State under title VI of the 
Federal Water Pollution Control Act. Amounts deposited into 
such a fund pursuant to this subparagraph— 
"(i) shall not be used by the State to provide assistance to 
the person who paid such amounts; 
"(ii) shall not be considered to be State matching amounts 
under title VI of the Federal Water Pollution Control Act; 
and 
"(iii) shall not be subject to State matching requirements 
under such title. 
"(4) DEPOSITS INTO TREASURY AS OFFSETTING COLLECTIONS.— 
Amounts of fees and penalties paid to the Administrator pursu-
PUBLIC LAW 100-688—NOV. 18, 1988 
102 STAT. 4147 
ant to subsection (bX2XB) or (dX2XB) which are used by an 
agency in accordance with paragraph (1) shall be deposited into 
the Treasury as offsetting collections of the agency. 
"(g) ENFORCEMENT,— 
"(1) IN GENERAL.—Whenever, on the basis of any information 
available, the Administrator finds that a person is dumping or 
transporting sewage sludge or industrial waste in violation of 
subsection (aXD, the Administrator shall issue an order requir-
ing such person to terminate such dumping or transporting (as 
applicable) until such person— 
"(A) enters into a compliance agreement or an enforce-
ment agreement under subsection (c); and 
"(B) obtains a permit under section 102 which authorizes 
such dumping or transporting. 
"(2) REQUIREMENTS OF ORDER.—Any order issued by the 
Administrator under this subsection— 
"(A) shall be delivered by personal service to the person 
named in the order; 
"(B) shall state with reasonable specificity the nature of 
the violation for which the order is issued; and 
"(C) shall require that the person named in the order, as 
a condition of dumping into ocean waters, or transporting 
for the purpose of dumping into ocean waters, sewage 
sludge or industrial waste— 
"(i) shall enter into a compliance agreement or an 
Contracts. 
enforcement agreement under subsection (c); and 
"(ii) shall obtain a permit under section 102 which 
authorizes such dumping or transporting. 
"(3) ACTIONS.—The Administrator may request the Attorney 
Courts, U.S. 
General to commence a civil action for appropriate relief, 
including a temporary or permanent injunction and the imposi-
tion of civil penalties authorized by subsection (dXD, for any 
violation of subsection (aXD 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 subMsection (aXl) and any such 
order. 
"(h) STATE PROGRESS REPORTS.— 
(1) IN GENERAL.—The Governor of each State that is a party to 
a compliance agreement or an enforcement agreement under 
subsection (c) shall submit to the Administrator on September 
30 of 1989 and of every year thereafter until the Administrator 
determines that ocean dumping of sewage sludge and industrial 
waste by persons located in that State has terminated, a report 
which describes— 
"(A) the efforts of each person located in the State to 
comply with a compliance agreement or enforcement agree-
ment 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; 
"(B) activity of the State regarding permits for the 
construction and operation of each alternative system; and 
"(C) an accounting of amounts paid into and withdrawn 
from a Clean Oceans Fund established by the State. 
102 STAT. 4148 
PUBLIC LAW 100-688—NOV. 18, 1988 
"(2) FAILURE TO SUBMIT REPORT.—If a State fails to submit a 
report in accordance with this subsection, the Administrator 
shaU 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, 
"(i) EPA PROGRESS REPORTS.— 
"(1) IN GENERAL.—Not later than December 31 of 1989 and of 
each year thereafter until the Administrator determines that 
ocean dumping of sewage sludge and industrial waste has termi-
nated, the Administrator shall prepare and submit to the Con-
gress a report on— 
"(A) progress being made by persons issued permits 
under section 102 for transportation or dumping of sewage 
sludge or industrial waste in developing alternative systems 
for managing sewage sludge and industrial waste; 
"(B) 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; 
"(C) pn^retjs being made by the Administrator and 
others in identifying and implementing alternative systems 
for the management of sewage sludge and industrial waste; 
and 
"(D) pn^ress being made toward the termination of 
ocean dumping of sewage sludge and industrial waste. 
"(2) REFERRAL TO CONGRESSIONAL COMMITTEES.—Each report 
submitted to the Congress under this subsection shall be re-
ferred to each standing committee of the House of Representa-
tives and of the Senate having jurisdiction over any part of the 
subject matter of the report, 
"(j) ENVIRONMENTAL MONITORING.— 
"(1) IN GENERAL.—^The Administrator, in cooperation with the 
Under Secretary of Commerce for Oceans and Atmosphere, 
shall 
design 
a 
prc^am 
for 
monitoring 
environmental 
conditions— 
"(A) at the Apex site (as that term is defined in section 
104A); 
"(B) at the site designated by the Administrator under 
section 102(c) and known as the '106-Mile Ocean Waste 
Dump Site' (as described in 49 F.R. 19005); 
"(C) at the site at which industrial waste is dumped; and 
"(D) within the potential area of influence of the sewage 
sludge and industrial waste dumped at those sites. 
"(2) PROGRAM REQUIREMENTS.—The program designed under 
paragraph (1) shall include, but is not limited to— 
"(A) 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 
"(B) use of satellite and other advanced technologies in 
conducting the pn^am. 
"(3) MONITORING AcnvmES.—The Administrator and the 
Under Secretary of (Commerce for Oceans and Atmosphere shall 
PUBLIC LAW 100-688—NOV. 18, 1988 
102 STAT. 4149 
each conduct monitoring activities consistent with the program 
designed under paragraph (1). 
"(4) REPORTS.—(A) Not later than 1 year after the date of the 
enactment of this section, the Administrator, in cooperation 
with the Under Secretary of Commerce for Oceans and At-
mosphere, shall submit to the Congress a report describing the 
program designed pursuant to paragraph (1). 
"(B) Not later than December 31 of each year after the 
submission of a report under subparagraph (A), the Adminis-
trator and the Under Secretary of Commerce for Oceans and 
Atmosphere shall report to the Congress the results of monitor-
ing activities conducted during the previous year under the 
progrEim designed pursuant to paragraph (1). 
"(k) DEFINITIONS.—For purposes of this section— 
"(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; 
"(2) the term 'Clean Oceans Fund' means such a fund estab-
lished by a State in accordance with subsection (cX5); 
"(3) the term 'excluded material' means— 
"(A) 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 
103; and 
"(B) 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 102; 
"(4) the term 'industrial waste' means any solid, semisolid, or 
liquid waste generated by a manufacturing or processing plant, 
other than an excluded material; 
"(5) the term 'interim measure' means any short-term method 
for the management of sewage sludge or industrial waste, 
which— 
"(A) is used before implementation of an alternative 
system; and 
"(B) does not require a permit under this Act; and 
"(6) the term 'sewage sludge' means any solid, semisolid, or 
liquid waste generated by a wastewater treatment plant, other 
than an excluded material. 
SEC. 1003. CONFORMING AMENDMENTS. 
(a) PuBUC LAW 95-153.—Section 4 of Public Law 95-153 (33 U.S.C. 
1412a) is amended— 
(1) by striking subsection (a); 
(2) by striking subsection (b); 
(3) by redesignating subsection (c), and any reference thereto, 
as subsection (a); 
(4) in subsection (a) (as so redesignated) by striking "After" 
and inserting "Notwithstanding section 104B of the Marine 
Protection, Research, and. Sanctuaries Act of 1972, after"; 
(5) in subsection (a) (as so redesignated) by striking "such title 
I" and inserting "title I of such Act"; 
(6) by striking subsection (d); and 
(7) by adding at the end the following: 
"(b) For purposes of this section, the term 'industrial wEiste' means 
any solid, semisolid, or liquid waste generated by a manufacturing 
or processing plant.". 
102 STAT. 4150 
PUBLIC LAW 100-688—NOV. 18, 1988 
33 use 2267 
note. 
33 use 2267 
note. 
New York. 
33 use 1414c. 
New York. 
New Jersey. 
(b) ALTERNATIVES ASSESSMENT.—Section 2301(bX8) of the Marine 
Plastic Pollution Research and G>ntrol Act of 1987 is amended by 
striking "dumping of municipal sludge and". 
(c) PRELIMINARY REPORT ON ALTERNATIVES.—Section 2303 of the 
Marine Plastic Pollution Research and Control Act of 1987 is 
amended— 
(1) by striking subsection (b), and 
(2) redesignating subsections (c), (d), and (e), and any reference 
thereto, as subsections (b), (c), and (d), respectively. 
SEC. 1004. ENFORCEMENT MONITORING REPORT. 
Not later than 6 months after the date of the enactment of this 
Act, the Administrator of the Environmental Protection Agency 
(hereinafter in this title referred to as the "Administrator"), in 
consultation with the Secretary of Transportation, shall submit a 
report to the Congress which outlines pn^ress made in using elec-
tronic monitoring equipment, and other means to monitor and 
prevent dumping of sewage sludge outside the site designated by the 
Administrator under section 102(c) and known as the "106-Mile 
Ocean Waste Dump Site" (as described in 49 F.R. 19005), and by 
vessels in transit to that site. 
SEC. 1005. PROHIBITION ON DISPOSAL OF SEWAGE SLUDGE AT LAND-
FILLS ON STATEN ISLAND. 
The Marine Protection, Research, and Sanctuaries Act of 1972 (33 
U.S.C. 1401 et seq.), as amended by this Act, is amended by inserting 
after section 104B the following: 
"SEC 104C. PROHIBITION ON DISPOSAL OF SEWAGE SLUDGE AT LAND-
FILLS ON STATEN ISLAND. 
"(a) IN GENERAL.—No person shall dispose of sewage sludge at any 
landfill located on Staten Lsland, New York. 
"(b) EXCLUSION FROM PENALTIES.— 
"(1) IN GENERAL.—Subject to paragraph (2), a person who 
violates this section shall not be subject to any penalty under 
this Act. 
"(2) INJUNCTION.—Paragraph (1) shall not prohibit the bring-
ing of an action for, or the granting of, an injunction under 
section 105 with respect to a violation of this section. 
"(c) DEFINITION.—For purposes of this section, the term 'sewage 
sludge' has the meaning such term has in section 104B.". 
SEC. 1006. USE OF STATE WATER POLLUTION CONTROL REVOLVING 
FUND GRANTS FOR DEVELOPING ALTERNATIVE SYSTEMS. 
(a) GENERAL REQUIREMENT.—Notwithstanding the provisions of 
title VI of the Federal Water Pollution Control Act, each of the 
States of New York and New Jersey shall use 10 percent of the 
amount of a grant pajmient made to such State under such title for 
each of the fiscal years 1990 and 1991 and 10 percent of the State's 
contribution associated with such grant payment in the 6-month 
period b^inning on the date of receipt of such grant payment for 
making loans and providing other assistance as described in section 
603(d) of the Federal Water Pollution Control Act to any govern-
mental entity in such State which has entered into a compliance 
agreement or enforcement agreement under section 104B of the 
Marine Protection, Research, and Sanctuaries Act of 1972 for identi-
PUBLIC LAW 100-688—NOV. 18, 1988 
102 STAT. 4151 
fying, developing, and implementing pursuant to such section alter-
native systems for management of sewage sludge. 
(b) LIMITATION.—If, after the last day of the 6-month period 
beginning on the date of receipt of a grant payment by the State of 
New York or New Jersey under title VI of the Federal Water 
Pollution Control Act for each of fiscal years 1990 and 1991, 10 
percent of the amount of such grant payment and the State's 
contribution associated with such grant payment has not been used 
for providing assistance described in subsection (a) as a result of 
insufficient applications for such assistance from persons eligible for 
such assistance, the 10 percent limitations set forth in subsection (a) 
shall not be applicable with respect to such grant payment and 
associated State contribution. 
SEC.1007. OCEAN DISCHARGES. 
(a) IN GENERAL.—Within 6 months after the date of the enactment 
Reports, 
of this Act, the Administrator shall transmit to the Congress a 
report on the implementation of section 403(c) of the Federal Water 
Pollution Control Act (33 U.S.C. 1343(c)). 
(b) REPORT CONTENTS.—The report under this section shall 
contain— 
(1) an accounting of discharges into the waters of the terri-
torial sea, the contiguous zone, and the ocean, including— 
(A) the total number of discharges; 
(B) the location, source, volume, and potential environ-
mental effects of each discharge; 
(C) the date of original issuance, review, and reissuance of 
each discharge permit; and 
(D) the number of discharges that have been determined 
by the Administrator to be in compliance with the ocean 
discharge criteria regulations promulgated pursuant to sec-
tion 403(c) of the Federal Water Pollution Control Act; 
(2) a schedule for implementing section 403(c) of such Act and 
achieving compliance with guidelines promulgated under such 
section as expeditiously as practicable, and an estimate of the 
resources required to meet such schedule; and 
(3) recommendations for any additional legislative authorities 
needed to achieve compliance with such guidelines. 
SEC. 1008. CLERICAL AMENDMENT RELATING TO GREAT LAKES WATER 
QUALITY AGREEMENT OF 1978. 
Section 118 of the Federal Water Pollution Control Act (33 U.S.C. 
1268) is amended by inserting ", as amended by the Water Quality 
Agreement of 1987 and any other agreements and amendments, 
immediately after "the Great Lakes Water Quality Agreement of 
1978" each place that term appears. 
TITLE 11—DESIGNATION OF AREAS FOR state listing 
PRIORITY 
CONSIDERATION 
UNDER 
NATIONAL ESTUARY PROGRAM 
SEC. 2001. DESIGNATION OF AREAS. 
Section 320(a)(2XB) of the Federal Water Pollution Control Act is 
33 use 1330. 
amended— 
102 STAT. 4152 
PUBLIC LAW 100-688—NOV. 18, 1988 
United States 
Public Vessel 
Medical Waste 
Anti-Dumping 
Act of 1988. 
Safety. 
33 use 2501 
note. 
33 use 2501. 
33 use 2502. 
33 use 2503. 
(1) by inserting "Massachusetts Bay, Massachusetts (includ-
ing Cape Cod Bay and Boston Harbor);" after "Buzzards Bay, 
Massachusetts;"; 
(2) by striking "and" before "Galveston Bay, Texas"; and 
(3) by inserting after "Galveston Bay, Texas;" the follow-
ing: "; Barataria-Terrebonne Bay estuary complex, Louisiana; 
Indian River Lagoon, Florida; and Peconic Bay, New York". 
TITLE III—DUMPING OF MEDICAL WASTE 
Subtitle A—Dumping by Public Vessels 
SEC. 3101. SHORT TITLE. 
This subtitle may be cited as the "United States Public Vessel 
Medical Waste Anti-Dumping Act of 1988". 
SEC. 3102. FINDINGS. 
The Congress finds the following: 
(1) The washing ashore of potentially infectious medical 
wastes from public vessels of the United States may pose serious 
and widespread risks to public health and to the welfare of 
coastal communities. 
(2) Current Federal law provides inadequate protections 
against the disposal of such wastes from such vessels into ocean 
waters. 
(3) Operators of such vessels must take immediate action to 
stop disposing of such wastes into ocean waters. 
SEC. 3103. DEFINITIONS. 
For the purposes of this subtitle: 
(1) POTENTIALLY 
INFECTIOUS 
MEDICAL WASTE.—The term 
"potentially infectious medical waste" includes isolation wastes; 
infectious agents; human blood and blood products; pathological 
wastes; sharps; body parts; contaminated bedding; surgical 
wastes; and other disposable medical equipment and material 
that may pose a risk to the public health, welfare or the marine 
environment. 
(2) PUBLIC VESSEL.—The term "public vessel" means a vessel 
of any type whatsoever (including hydrofoils, air-cushion ve-
hicles, submersibles, floating craft whether propelled or not, 
and fixed or floating platforms) that is owned, or demise char-
tered, and operated by the United States Government, and is 
not engaged in commercial service. 
SEC. 3104. PROHIBITION. 
After 6 months after the date of the enactment of this Act, no 
public vessel shall dispose of potentially infectious medical waste 
into ocean waters unless— 
(1)(A) the health or safety of individuals on board the vessel is 
threatened; or 
(B) during time of war or a declared national emergency; 
(2) the waste is disposed of beyond 50 nautical miles from the 
nearest land; and 
(3)(A) in the case of a public vessel which is not a submersible, 
the waste is sterilized, properly packaged, and sufficiently 
PUBLIC LAW 100-688—NOV. 18, 1988 
102 STAT. 4153 
weighted to prevent the waste from coming eishore after dis-
posal; and 
(B) in the case of a public vessel which is a submersible, the 
waste is properly packaged and sufficiently weighted to prevent 
the waste from coming ashore after disposal. 
SEC. 3105. GUIDANCE. 
33 USC 2504. 
Not later than 3 months after the date of the enactment of this 
Act, the Secretary of Defense and the head of each affected agency, 
in consultation with the Administrator of the Environmental 
Protection Agency, shall each issue guidance for public vessels 
under the jurisdiction of their agency regarding implementation of 
section 3104. 
Subtitle B—Dumping by Vessels 
SEC. 3201. AMENDMENTS TO MARINE PROTECTION. RESEARCH, AND 
SANCTUARIES ACT OF 1972. 
(a) DEFINITION.—Section 3 of the Marine Protection, Research, 
and Sanctuaries Act of 1972 (33 U.S.C. 1402) is amended— 
(1) by redesignating subsection (k) and (1), and any reference 
thereto, as suteections (1) and (m), respectively; and 
(2) by inserting after subsection (j) the following: 
"(k) 'Medical waste' means isolation wastes; infectious agents; 
human blood and blood products; pathological wastes; sharps; body 
parts; contaminated bedding; surgical wastes and potentially 
contaminated laboratory wastes; dialysis wastes; and such addi-
tional medical items as the Administrator shall prescribe by regula-
tion.". 
db) PROHIBITION.—Subsection (a) of section 102 of the Marine 
Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1412(a)) 
is amended in the first sentence— 
(1) by striking "biol<^cal warfare agents and" and inserting 
"biol(^cal warfare agents,"; and 
(2) by inserting "and medical waste," after "radioactive 
waste,". 
(c) CIVIL PENALTIES.—Section 105(a) of the Marine Protection, 
Research, and Sanctuaries Act of 1972 (33 U.S.C. 1415(a)) is amended 
by inserting after the first sentence the following: "In addition, any 
person who violates this title or any r^ulation issued under this 
title by engaging in activity involving the dumping of medical waste 
shall be Uable for a civil penalty of not more than $125,000 for each 
violation, to be assessed by the Administrator after written notice 
and an opportunity for a hearing.". 
(d) CRIMINAL PENALTIES AND FORFEITURES.—Section 105(b) of the 
Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 
1415(b)) is amended— 
(1) by mserting "(1)" before "In addition"; and 
(2) by adding at the end the following: 
"(2) In addition to any action which may be brought under 
subsection (a), any person— 
"(A) who knowingly violates any provision of this title by 
engs^ing in activity involving the dumping into ocean waters of 
medical waste shall upon conviction be fined not more than 
$250,000, or imprisoned for not more than 5 years, or both; and 
102 STAT. 4154 
PUBLIC LAW 100-688—NOV. 18, 1988 
"(B) convicted of a violation involving such activity shall 
forfeit to the United States any property constituting or derived 
from any proceeds the person obtained, directly or indirectly, as 
a result of such violation, and any of the property of the person 
which was used, or intended to be used in any manner or part, 
to commit or to facilitate the commission of the violation.". 
SEC 3202. AMENDMENTS TO FEDERAL WATER POLLUTION CONTROL ACT. 
(a) DEFINITION.—Section 502 of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1362) is amended by adding at the end the 
following: 
"(20) The term 'medical waste' means isolation wastes; infec-
,^ 
tious agents; human blood and blood products; pathological 
wastes; sharps; body parts; contaminated bedding; surgical 
wastes and potentially contaminated laboratory wastes; dialysis 
wastes; and such additional medical items as the Administrator 
shall prescribe by r^ulation.". 
0>) PROHIBITION.—Section 301(f) of the Federal Water Pollution 
Control Act (33 U.S.C. 1311(f)) is amended by striking "or high-level 
radioactive waste" and inserting ", any high-level radioactive waste, 
or any medical waste,". 
icronSr °
" 
TITLE IV—SHORE PROTECTION ACT OF 
1988 
33 use 2601 
SEC. 4001. SHORT TITLE. 
This title may be cited as the "Shore Protection Act of 1988". 
Subtitle A—Shore Protection 
33 use 2601. 
SEC. 4101. DEFINITIONS. 
In this title— 
(1) "Administrator" means the Administrator of the Environ-
mental Protection Agency. 
(2) "coastal waters ' means— 
(A) the territorial sea of the United States; 
(B) the Great Lakes and their connecting waters; 
(C) the marine and estuarine waters of the United States 
up to the head of tidal influence; and 
(D) the Exclusive Economic Zone as established by Presi-
dential Proclamation Number 5030, dated March 10, 1983. 
(3) "municipal or commercial waste" means solid waste (as 
defined in section 1004 of the SoUd Waste Disposal Act (42 
U.S.C. 6903)) except— 
(A) solid waste identified and listed under section 3001 of 
the Solid Waste Disposal Act (42 U.S.C. 6921); 
(B) waste generated by the vessel during normal oper-
ations; 
(C) debris solely from construction activities; 
(D) sewage sludge subject to r^ulation under title I of the 
Marine Protection, Research, and Sanctuaries Act of 1972 
(33 U.S.C. 1401 et seq.); and 
(E) dredged or fill material subject to regulation under 
title I of the Marine Protection, Research, and Sanctuaries 
PUBLIC LAW 100-688—NOV. 18, 1988 
102 STAT. 4155 
Act of 1972 (33 U.S.C. 1401 et seq.), the Federal Water 
Pollution Control Act (33 U.S.C. 1251 et seq.), or the Rivers 
and Harbors Appropriation Act of 1899 (33 U.S.C. 401 et 
seq.). 
(4) "person" means an individual, trust, firm, joint stock 
company, corporation (including a government corporation), 
partnership, association. State, municipality, commission, politi-
cal subdivision of a State, or any interstate body. 
(5) "receiving facility" means a facility or operation where 
municipal or commercial waste is unloaded from a vessel. 
(6) "United States", when used in a gec^aphic sense, means 
the States of the United States, Puerto Rico, the District of 
Columbia, the Virgin Islands, American Samoa, Guam, the 
Northern Mariana Islands, and any other territory or posses-
sion of the United States. 
(7) "waste source" means a facility or vessel from which 
municipal or commercial waste is loaded onto a vessel, includ-
ing any rolling stock or motor vehicles from which that waste is 
directly loaded. 
SEC. 4102. VESSEL PERMITS AND NUMBERS. 
33 USC 2602. 
(a) IN GENERAL.—A vessel (except a public vessel as defined in 
section 2101 of title 46, United States Code) may not transport 
municipal or commercial waste in coastal waters without— 
(1) a permit for that vessel from the Secretary of Transpor-
tation; and 
(2) displaying a number or other marking on the vessel as 
prescribed by the Secretary under chapter 123 or section 
12502(b) of title 46, United States Code. 
(b) PERMTT APPLICATIONS.—Application for a permit required by 
subsection (a) of this section shall be made by die vessel owner or 
operator and include— 
(1) the name, address, and telephone number of the vessel 
owner and operator; 
(2) the vessel's name and identification number; 
(3) the vessel's area of operation; 
(4) the vessel's transport capacity; 
(5) a history of the types of cargo transported by that vessel 
during the previous year, including identifying the type of 
municipal or commercial waste transported as— 
(A) municipsd waste; 
(B) commercial waste; 
(C) medical waste; or 
(D) waste of another character. 
(6) any other information the Secretary may require; and 
(7) an acknowledgment. 
(c) EFFECTIVE DATE OF PERMITS.—^A permit issued under this 
section— 
(1) is effective 30 days after the date on which it was issued; 
(2) may be issued only for a period of not more than 5 years 
after the effective date of the permit; 
(3) may be renewed for periods of not more than 5 years only 
by the vessel owner or operator that applied for the original 
permit; and 
(4) is terminated when the vessel is sold. 
(d) DENIAL OF PER&OTS.—^The Secretary may, or at the request of 
the Administrator shall, deny the issuance of a permit for any vessel 
102 STAT. 4156 
PUBLIC LAW 100-688—NOV. 18, 1988 
if the owner or operator of the vessel has a record of a pattern of 
serious violations of— 
(1) this subtitle; 
(2) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); 
(3) the Marine Protection, Research, and Sanctuaries Act of 
1972 (33 U.S.C. 1401 et seq.); 
(4) the Rivers and Harbors Appropriation Act of 1899 (33 
U.S.C. 401 et seq.); or 
(5) the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
seq.). 
(e) PERMIT DECISION.—The Secretary, after consultation with the 
Administrator, shall issue or deny a vessel permit under this section 
within 30 days after receiving a complete application. On denying 
the issuance of the permit for a vessel the Secretary shall— 
(1) notify the applicant of the denial and the reasons for the 
denial; and 
(2) provide an opportunity for a hearing on the denial. 
(f) MAINTAINING PERMIT.— 
(1) IN GENERAL.—The permit issued for a vessel under this 
title shall be maintained in a manner prescribed by the 
Secretary. 
(2) ENDORSEMENTS.—If a vessel is a documented vessel, the 
Secretary may endorse a permit on the vessel's certificate of 
documentation. 
(g) VESSEL INFORMATION SYSTEM.—The Secretary may include 
information in a permit in the vessel information system main-
tained under chapter 125 of title 46, United States Code. 
33 use 2603. 
SEC. 4103. WASTE HANDLING PRACTICES. 
(a) IN GENERAL.— 
(1) LOADING.—The owner or operator of the waste source shall 
take all reasonable steps to assure that all municipal or 
commercial waste is loaded onto a vessel in a manner that 
assures that waste deposited in coastal waters is minimized. 
(2) SECURING.—The owner or operator of a vessel shall assure 
that all municipal or commercial waste loaded onto the vessel is 
secured by netting or other means to assure that waste will not 
be deposited into coastal waters during transport. 
(3) OFFLOADING.—The owner or operator of the receiving 
facility shall take all reasonable steps to assure that any 
municipal or commercial waste is offloaded from a vessel in a 
memner that assures that waste deposited into coastal waters is 
minimized. 
(4) CLEANING UP.—The owner or operator of any waste source 
or receiving facility shall provide adequate control measures to 
clean up any municipal or commercial waste which is deposited 
into coastal waters. 
Ot)) REGULATIONS.—The Administrator, in consultation with the 
Secretary of Transportation, shall prescribe regulations— 
(1) requiring that waste sources, receiving facilities, and ves-
sels provide the means and facilities to assure that the waste 
will not be deposited into coastal waters during loading, offload-
ing, and transport; 
Records. 
(2) requiring, as appropriate, the submission and adoption by 
each responsible party of an operation and maintenance 
manual identif)ning procedures to be used to prevent, report. 
PUBLIC LAW 100-688—NOV. 18, 1988 
102 STAT. 4157 
and clean up any deposit of municipal or commercial waste into 
coastal waters, including record keeping requirements; and 
(3) if the Administrator determines that tracking systems are 
required to assure adequate enforcement of laws preventing the 
deposit of municipal or commercial waste into coastal waters, 
requiring installation of the appropriate systems within 18 
months after the Administrator makes that determination. 
SEC. 4104. SUSPENSION. REVOCATION, AND INJUNCTIONS. 
33 USC 2604. 
(a) SUSPENSION AND REVOCATION.—After notice and opportunity 
for a hearing, the Secretary of Transportation may, and at the 
request of the Administrator shall, suspend or revoke a permit 
issued to a vessel under this title for a violation of this title or a 
r^ulation prescribed under this title. 
(b) INJUNCTIONS.—^The Secretary or the Administrator may bring 
a civil action to enjoin any operation in violation of this title or a 
r^ulation prescribed under this title in the district court of the 
United States for the district in which the violation occurred. 
SEC. 4105. ENFORCEMENT. 
33 USC 2605. 
(a) GENERAL AUTHORFTY.—The Secretary of Transportation shall 
enforce this title under section 89 of title 14, United States Code. 
The Secretary may authorize other officers or employees of the 
United States Government to enforce this title under that section. 
(b) PERIODIC EXAMINATIONS.—The Secretary shall conduct periodic 
examinations of vessels operating under this title transporting 
municipal or commercial waste to determine that each of these 
vessels has a permit issued under section 4102 of this Act. 
(c) REFUSAL OF CLEARANCE.—^The Secretary of the Treasury may 
refuse the clearance required by section 4197 of the Revised Statutes 
of the United States (46 App. U.S.C. 91), to any vessel subject to this 
title which does not have a permit required under section 4102 of 
this Act. 
(d) DENIAL OF ENTRY AND DETENTION.—If a vessel does not comply 
with this title, the Secretary of Transportation may— 
(1) deny entry to any place in the United States; and 
(2) detain at the place in the United States from which it is 
about to depart. 
(e) PERSISTENT VIOLATORS.—The Administrator shall conduct an 
investigation of the owner or operator of a vessel or facility if the 
owner has 5 or more separate violations during a 6-month period. 
SEC. 4106. S U B P E N A AUTHORITY. 
33 USC 2606. 
(a) GENERAL AUTHORITY.—In an investigation under this title, the 
attendance and testimony of witnesses, including parties in interest, 
and the production of any evidence may be compelled by subpena. 
The subpena authority granted by this section is coextensive with 
that of a district court of the United Staters, in civil matters, for the 
district in which the investigation is conducted. 
Qo) SUBPENA AUTHORITY.—An official designated by the Secretary 
of Transportation or Administrator to conduct an investigation 
under this part may issue subpenas as provided in this section and 
administer oaths to witnesses. 
(c) FAILURE TO COMPLY.—When a person fails to obey a subpena Courts, U.S. 
issued under this section, the district court of the United States for 
the district in which the investigation is conducted or in which the 
person failing to obey is found, shall on proper application issue an 
102 STAT. 4158 
PUBLIC LAW 100-688—NOV. 18, 1988 
order directing that person to comply with the subpena. The court 
may punish as contempt any disobedience of its order. 
(d) WITNESS FEES.—A witness complying with a subpena issued 
under this section may be paid for actual travel and attendance at 
the rate provided for witnesses in the district courts of the United 
States. 
33 use 2607. 
SEC. 4107. FEES. 
The Secretary of Transportation may collect a fee under section 
9701 of title 31, United States Code, of not more than $1,000, from 
each person to whom a permit is issued under this subtitle for a 
permitting system and to maintain information. 
33 use 2608. 
SEC. 4108. CIVIL PENALTY PROCEDURES. 
(a) GENERAL PROCEDURES.—After notice and an opportunity for a 
hearing, a person found by the Secretary of Transportation to have 
violated this title or a regulation prescribed under this title for 
which a civil penalty is provided, is liable to the United States 
Government for the civil penalty provided. The amount of the civil 
penalty shall be assessed by the Secretary by written notice. In 
determining the amount of the penalty, the Secretary shall consider 
the nature, circumstances, extent, and gravity of the prohibited acts 
committed and, with respect to the violator, the degree of culpabil-
ity, any history of prior offenses, ability to pay, and other matters 
that justice requires. 
(b) COMPROMISING PENALTIES.—The Secretary may compromise, 
modify, or remit, with or without consideration, a civil penalty 
under this title until the assessment is referred to the Attorney 
General. 
(c) REFERRAL TO THE ATTORNEY GENERAL.—If a person fails to pay 
an assessment of a civil penalty after it has become final, the 
Secretary may refer the matter to the Attorney General for collec-
tion in an appropriate district court of the United States. 
(d) REFUND OF PENALTY.—The Secretary may refund or remit a 
civil penalty collected under this title i
f
— 
(1) application has been made for refund or remission of the 
penalty within one year from the date of payment; and 
(2) the Secretary finds that the penalty was unlawfully, 
improperly, or excessively imposed. 
33 use 2609. 
SEC. 4109. PENALTIES. 
(a) GENERAL PENALTY.—Except as provided in subsection Ot)) of 
this section, a person violating this title is liable to the United 
States Government for a civil penalty of not more than $25,000. 
Each day of a continuing violation is a separate violation. A vessel 
involved in the violation also is liable in rem for the penalty. 
Ot)) OPERATING WITHOUT A PERMIT.—A person violating section 
4102 of this Act is liable to the United States Government for a civil 
penalty of not more than $10,000. Each day of a continuing violation 
is a separate violation. A vessel involved in the violation also is 
liable in rem for the penalty. 
(c) CRIMINAL PENALTY.—Any person that knowingly violates, or 
that knowingly aids, abets, authorizes, or instigates a violation of 
this title, shall be fined under title 18, United States Code, impris-
oned for not more than 3 years, or both. 
PUBLIC LAW 100-688—NOV. 18, 1988 
102 STAT. 4159 
(d) PAYMENTS FOR INFORMATION.—The court, the Secretary of 
Transportation, or the Administrator, as the case may be, may pay 
up to one-half of a fine or penalty to any person giving information 
leading to the assessment of the fine or penalty. 
Subtitle B—Related Provisions 
SEC. 4201. STUDY AND RECOMMENDATIONS. 
33 USC 2621. 
(a) STUDY.—The Administrator, in consultation with the Secretary 
of Transportation, shall conduct a study to determine the need for, 
and effectiveness of additional tracking systems for vessels to assure 
that municipal or commercial waste is not deposited in coastal 
waters. In conducting this study, the Administrator shall use the 
data collected from its permitting and enforcement activities under 
this title. In determining the effectiveness of tracking systems, the 
Administrator shall rely on the information provided by the Sec-
retary under subsection (b) of this section. The report shall include a 
recommendation whether additional tracking systems are needed. 
This study shall be submitted to Congress within 24 months after 
the date of enactment of this title. 
(b) RECOMMENDATIONS.—The Secretary shall provide rec-
ommendations to the Administrator concerning the various tracking 
systems that might be applicable to vessels transporting municipal 
or commercial waste which the Secretary currently is studying. The 
Secretary shall consider the relative effectiveness of various systems 
and the relative costs of the systems both to the United States 
Grovernment and to the vessel owner. 
SEC. 4202. RELATION TO OTHER LAWS. 
33 USC 2622. 
(a) EFFECT ON FEDERAL AND STATE LAWS.—This title does not 
affect the application of any other Federal or State law, statutory or 
common, including the Marine Protection, Research, and Sanc-
tuaries Act of 1972 (33 U.S.C. 1401 et seq.) and the Solid Waste 
Disposal Act (42 U.S.C. 6901 et seq.). 
0)) EFFECT ON FOREIGN VESSELS.—This title shall be carried out 
with respect to foreign vessels consistent with the obligations of the 
United States under international law. 
102 STAT. 4160 
PUBLIC LAW 100-688—NOV. 18, 1988 
33 u s e 2623. 
SEC. 4203. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated $1,500,000 for each of the 
fiscal years 1989 and 1990, to carry out this title. 
SEC. 4204. APPLICATIONS AND EFFECTIVE DATES. 
33 use 2602 
(a) APPUCATIONS.—The Secretary shall make vessel applications 
note. 
for permits to be issued under section 4102 of this Act publicly 
available within 60 days after the date of enactment of this Act. 
33 use 2602 
(b) EFFECTIVE DATE FOR PERMITS.—Section 4102(a) of this Act is 
"°*®" 
effective 240 days after the date of enactment of this Act. 
33 use 2603 
(c) EFFECTIVE DATE FOR HANDUNG PRACTICES.—Section 4103 of 
"°'®- 
this Act takes effect 60 days after the date of enactment of this Act. 
Approved November 18, 1988. 
LEGISLATIVE HISTORY—S. 2030 (H.R. 5430): 
HOUSE REPORTS: No. 100-1090 (Comm. of Conference). 
SENATE REPORTS: No. 100-431 (eomm. on Environment and Public Works). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Aug. 9, considered and passed Senate. 
Oct. 3, 4, H.R. 5430 considered and passed House; proceedings vacated and 
S. 2030, amended, passed in lieu. 
Oct. 18, Senate agreed to conference report. 
Oct. 19, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 24 (1988): 
Nov. 18, Presidential statement.