StatA

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

Water Pollution Control Act which comprises this
chapter.

§ 1322. Marine sanitation devices
(a) Definitions
For the purpose of this section, the term—
(1) ‘‘new vessel’’ includes every description
of watercraft or other artificial contrivance
used, or capable of being used, as a means of
transportation on the navigable waters, the
construction of which is initiated after promulgation of standards and regulations under
this section;
(2) ‘‘existing vessel’’ includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means
of transportation on the navigable waters, the
construction of which is initiated before promulgation of standards and regulations under
this section;
(3) ‘‘public vessel’’ means a vessel owned or
bareboat chartered and operated by the United
States, by a State or political subdivision
thereof, or by a foreign nation, except when
such vessel is engaged in commerce;
(4) ‘‘United States’’ includes the States, the
District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, the Canal Zone, and the Trust
Territory of the Pacific Islands;
(5) ‘‘marine sanitation device’’ includes any
equipment for installation on board a vessel
which is designed to receive, retain, treat, or
discharge sewage, and any process to treat
such sewage;
(6) ‘‘sewage’’ means human body wastes and
the wastes from toilets and other receptacles
intended to receive or retain body wastes except that, with respect to commercial vessels
on the Great Lakes, such term shall include
graywater;
(7) ‘‘manufacturer’’ means any person engaged in the manufacturing, assembling, or
importation of marine sanitation devices or of
vessels subject to standards and regulations
promulgated under this section;
(8) ‘‘person’’ means an individual, partnership, firm, corporation, association, or agency
of the United States, but does not include an
individual on board a public vessel;
(9) ‘‘discharge’’ includes, but is not limited
to, any spilling, leaking, pumping, pouring,
emitting, emptying or dumping;
(10) ‘‘commercial vessels’’ means those vessels used in the business of transporting property for compensation or hire, or in transporting property in the business of the owner, lessee, or operator of the vessel;
(11) ‘‘graywater’’ means galley, bath, and
shower water;
(12) ‘‘discharge incidental to the normal operation of a vessel’’—
(A) means a discharge, including—
(i) graywater, bilge water, cooling water,
weather deck runoff, ballast water, oil
water separator effluent, and any other
pollutant discharge from the operation of
a marine propulsion system, shipboard maneuvering system, crew habitability system, or installed major equipment, such as
an aircraft carrier elevator or a catapult,

§ 1322

or from a protective, preservative, or absorptive application to the hull of the vessel; and
(ii) a discharge in connection with the
testing, maintenance, and repair of a system described in clause (i) whenever the
vessel is waterborne; and
(B) does not include—
(i) a discharge of rubbish, trash, garbage,
or other such material discharged overboard;
(ii) an air emission resulting from the
operation of a vessel propulsion system,
motor driven equipment, or incinerator; or
(iii) a discharge that is not covered by
part 122.3 of title 40, Code of Federal Regulations (as in effect on February 10, 1996);
(13) ‘‘marine pollution control device’’
means any equipment or management practice, for installation or use on board a vessel
of the Armed Forces, that is—
(A) designed to receive, retain, treat, control, or discharge a discharge incidental to
the normal operation of a vessel; and
(B) determined by the Administrator and
the Secretary of Defense to be the most effective equipment or management practice
to reduce the environmental impacts of the
discharge consistent with the considerations
set forth in subsection (n)(2)(B) of this section; and
(14) ‘‘vessel of the Armed Forces’’ means—
(A) any vessel owned or operated by the
Department of Defense, other than a time or
voyage chartered vessel; and
(B) any vessel owned or operated by the
Department of Transportation that is designated by the Secretary of the department
in which the Coast Guard is operating as a
vessel equivalent to a vessel described in
subparagraph (A).
(b) Federal standards of performance
(1) As soon as possible, after October 18, 1972,
and subject to the provisions of section 1254(j) of
this title, the Administrator, after consultation
with the Secretary of the department in which
the Coast Guard is operating, after giving appropriate consideration to the economic costs involved, and within the limits of available technology, shall promulgate Federal standards of
performance for marine sanitation devices
(hereafter in this section referred to as ‘‘standards’’) which shall be designed to prevent the
discharge of untreated or inadequately treated
sewage into or upon the navigable waters from
new vessels and existing vessels, except vessels
not equipped with installed toilet facilities.
Such standards and standards established under
subsection (c)(1)(B) of this section shall be consistent with maritime safety and the marine and
navigation laws and regulations and shall be
coordinated with the regulations issued under
this subsection by the Secretary of the department in which the Coast Guard is operating. The
Secretary of the department in which the Coast
Guard is operating shall promulgate regulations, which are consistent with standards promulgated under this subsection and subsection
(c) of this section and with maritime safety and

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

the marine and navigation laws and regulations
governing the design, construction, installation,
and operation of any marine sanitation device
on board such vessels.
(2) Any existing vessel equipped with a marine
sanitation device on the date of promulgation of
initial standards and regulations under this section, which device is in compliance with such
initial standards and regulations, shall be
deemed in compliance with this section until
such time as the device is replaced or is found
not to be in compliance with such initial standards and regulations.
(c) Initial standards; effective dates; revision;
waiver
(1)(A) Initial standards and regulations under
this section shall become effective for new vessels two years after promulgation; and for existing vessels five years after promulgation. Revisions of standards and regulations shall be effective upon promulgation, unless another effective
date is specified, except that no revision shall
take effect before the effective date of the
standard or regulation being revised.
(B) The Administrator shall, with respect to
commercial vessels on the Great Lakes, establish standards which require at a minimum the
equivalent of secondary treatment as defined
under section 1314(d) of this title. Such standards and regulations shall take effect for existing vessels after such time as the Administrator
determines to be reasonable for the upgrading of
marine sanitation devices to attain such standard.
(2) The Secretary of the department in which
the Coast Guard is operating with regard to his
regulatory authority established by this section,
after consultation with the Administrator, may
distinguish among classes, type, and sizes of vessels as well as between new and existing vessels,
and may waive applicability of standards and
regulations as necessary or appropriate for such
classes, types, and sizes of vessels (including existing vessels equipped with marine sanitation
devices on the date of promulgation of the initial standards required by this section), and,
upon application, for individual vessels.
(d) Vessels owned and operated by the United
States
The provisions of this section and the standards and regulations promulgated hereunder
apply to vessels owned and operated by the
United States unless the Secretary of Defense
finds that compliance would not be in the interest of national security. With respect to vessels
owned and operated by the Department of Defense, regulations under the last sentence of
subsection (b)(1) of this section and certifications under subsection (g)(2) of this section
shall be promulgated and issued by the Secretary of Defense.
(e) Pre-promulgation consultation
Before the standards and regulations under
this section are promulgated, the Administrator
and the Secretary of the department in which
the Coast Guard is operating shall consult with
the Secretary of State; the Secretary of Health
and Human Services; the Secretary of Defense;
the Secretary of the Treasury; the Secretary of

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Commerce; other interested Federal agencies;
and the States and industries interested; and
otherwise comply with the requirements of section 553 of title 5.
(f) Regulation by States or political subdivisions
thereof; complete prohibition upon discharge
of sewage
(1)(A) Except as provided in subparagraph (B),
after the effective date of the initial standards
and regulations promulgated under this section,
no State or political subdivision thereof shall
adopt or enforce any statute or regulation of
such State or political subdivision with respect
to the design, manufacture, or installation or
use of any marine sanitation device on any vessel subject to the provisions of this section.
(B) A State may adopt and enforce a statute or
regulation with respect to the design, manufacture, or installation or use of any marine sanitation device on a houseboat, if such statute or
regulation is more stringent than the standards
and regulations promulgated under this section.
For purposes of this paragraph, the term
‘‘houseboat’’ means a vessel which, for a period
of time determined by the State in which the
vessel is located, is used primarily as a residence
and is not used primarily as a means of transportation.
(2) If, after promulgation of the initial standards and regulations and prior to their effective
date, a vessel is equipped with a marine sanitation device in compliance with such standards
and regulations and the installation and operation of such device is in accordance with such
standards and regulations, such standards and
regulations shall, for the purposes of paragraph
(1) of this subsection, become effective with respect to such vessel on the date of such compliance.
(3) After the effective date of the initial standards and regulations promulgated under this
section, if any State determines that the protection and enhancement of the quality of some or
all of the waters within such State require
greater environmental protection, such State
may completely prohibit the discharge from all
vessels of any sewage, whether treated or not,
into such waters, except that no such prohibition shall apply until the Administrator determines that adequate facilities for the safe and
sanitary removal and treatment of sewage from
all vessels are reasonably available for such
water to which such prohibition would apply.
Upon application of the State, the Administrator shall make such determination within 90
days of the date of such application.
(4)(A) If the Administrator determines upon
application by a State that the protection and
enhancement of the quality of specified waters
within such State requires such a prohibition,
he shall by regulation completely prohibit the
discharge from a vessel of any sewage (whether
treated or not) into such waters.
(B) Upon application by a State, the Administrator shall, by regulation, establish a drinking
water intake zone in any waters within such
State and prohibit the discharge of sewage from
vessels within that zone.

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(g) Sales limited to certified devices; certification
of test device; recordkeeping; reports
(1) No manufacturer of a marine sanitation device shall sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or
import into the United States for sale or resale
any marine sanitation device manufactured
after the effective date of the standards and regulations promulgated under this section unless
such device is in all material respects substantially the same as a test device certified under
this subsection.
(2) Upon application of the manufacturer, the
Secretary of the department in which the Coast
Guard is operating shall so certify a marine
sanitation device if he determines, in accordance with the provisions of this paragraph, that
it meets the appropriate standards and regulations promulgated under this section. The Secretary of the department in which the Coast
Guard is operating shall test or require such
testing of the device in accordance with procedures set forth by the Administrator as to
standards of performance and for such other purposes as may be appropriate. If the Secretary of
the department in which the Coast Guard is operating determines that the device is satisfactory from the standpoint of safety and any other
requirements of maritime law or regulation, and
after consideration of the design, installation,
operation, material, or other appropriate factors, he shall certify the device. Any device
manufactured by such manufacturer which is in
all material respects substantially the same as
the certified test device shall be deemed to be in
conformity with the appropriate standards and
regulations established under this section.
(3) Every manufacturer shall establish and
maintain such records, make such reports, and
provide such information as the Administrator
or the Secretary of the department in which the
Coast Guard is operating may reasonably require to enable him to determine whether such
manufacturer has acted or is acting in compliance with this section and regulations issued
thereunder and shall, upon request of an officer
or employee duly designated by the Administrator or the Secretary of the department in
which the Coast Guard is operating, permit such
officer or employee at reasonable times to have
access to and copy such records. All information
reported to or otherwise obtained by the Administrator or the Secretary of the Department in
which the Coast Guard is operating or their representatives pursuant to this subsection which
contains or relates to a trade secret or other
matter referred to in section 1905 of title 18 shall
be considered confidential for the purpose of
that section, except that such information may
be disclosed to other officers or employees concerned with carrying out this section. This paragraph shall not apply in the case of the construction of a vessel by an individual for his own
use.
(h) Sale and resale of properly equipped vessels;
operability of certified marine sanitation devices
After the effective date of standards and regulations promulgated under this section, it shall
be unlawful—

§ 1322

(1) for the manufacturer of any vessel subject to such standards and regulations to manufacture for sale, to sell or offer for sale, or to
distribute for sale or resale any such vessel
unless it is equipped with a marine sanitation
device which is in all material respects substantially the same as the appropriate test device certified pursuant to this section;
(2) for any person, prior to the sale or delivery of a vessel subject to such standards and
regulations to the ultimate purchaser, wrongfully to remove or render inoperative any certified marine sanitation device or element of
design of such device installed in such vessel;
(3) for any person to fail or refuse to permit
access to or copying of records or to fail to
make reports or provide information required
under this section; and
(4) for a vessel subject to such standards and
regulations to operate on the navigable waters
of the United States, if such vessel is not
equipped with an operable marine sanitation
device certified pursuant to this section.
(i) Jurisdiction to restrain violations; contempts
The district courts of the United States shall
have jurisdictions to restrain violations of subsection (g)(1) of this section and subsections
(h)(1) through (3) of this section. Actions to restrain such violations shall be brought by, and
in, the name of the United States. In case of
contumacy or refusal to obey a subpena served
upon any person under this subsection, the district court of the United States for any district
in which such person is found or resides or
transacts business, upon application by the
United States and after notice to such person,
shall have jurisdiction to issue an order requiring such person to appear and give testimony or
to appear and produce documents, and any failure to obey such order of the court may be punished by such court as a contempt thereof.
(j) Penalties
Any person who violates subsection (g)(1) of
this section, clause (1) or (2) of subsection (h) of
this section, or subsection (n)(8) of this section
shall be liable to a civil penalty of not more
than $5,000 for each violation. Any person who
violates clause (4) of subsection (h) of this section or any regulation issued pursuant to this
section shall be liable to a civil penalty of not
more than $2,000 for each violation. Each violation shall be a separate offense. The Secretary
of the department in which the Coast Guard is
operating may assess and compromise any such
penalty. No penalty shall be assessed until the
person charged shall have been given notice and
an opportunity for a hearing on such charge. In
determining the amount of the penalty, or the
amount agreed upon in compromise, the gravity
of the violation, and the demonstrated good
faith of the person charged in attempting to
achieve rapid compliance, after notification of a
violation, shall be considered by said Secretary.
(k) Enforcement authority
The provisions of this section shall be enforced
by the Secretary of the department in which the
Coast Guard is operating and he may utilize by
agreement, with or without reimbursement, law
enforcement officers or other personnel and fa-

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

cilities of the Administrator, other Federal
agencies, or the States to carry out the provisions of this section. The provisions of this section may also be enforced by a State.
(l) Boarding and inspection of vessels; execution
of warrants and other process
Anyone authorized by the Secretary of the department in which the Coast Guard is operating
to enforce the provisions of this section may, except as to public vessels, (1) board and inspect
any vessel upon the navigable waters of the
United States and (2) execute any warrant or
other process issued by an officer or court of
competent jurisdiction.
(m) Enforcement in United States possessions
In the case of Guam and the Trust Territory of
the Pacific Islands, actions arising under this
section may be brought in the district court of
Guam, and in the case of the Virgin Islands such
actions may be brought in the district court of
the Virgin Islands. In the case of American
Samoa and the Trust Territory of the Pacific Islands, such actions may be brought in the District Court of the United States for the District
of Hawaii and such court shall have jurisdiction
of such actions. In the case of the Canal Zone,
such actions may be brought in the District
Court for the District of the Canal Zone.
(n) Uniform national discharge standards for
vessels of Armed Forces
(1) Applicability
This subsection shall apply to vessels of the
Armed Forces and discharges, other than sewage, incidental to the normal operation of a
vessel of the Armed Forces, unless the Secretary of Defense finds that compliance with
this subsection would not be in the national
security interests of the United States.
(2) Determination of discharges required to be
controlled by marine pollution control devices
(A) In general
The Administrator and the Secretary of
Defense, after consultation with the Secretary of the department in which the Coast
Guard is operating, the Secretary of Commerce, and interested States, shall jointly
determine the discharges incidental to the
normal operation of a vessel of the Armed
Forces for which it is reasonable and practicable to require use of a marine pollution
control device to mitigate adverse impacts
on the marine environment. Notwithstanding subsection (a)(1) of section 553 of title 5,
the Administrator and the Secretary of Defense shall promulgate the determinations
in accordance with such section. The Secretary of Defense shall require the use of a
marine pollution control device on board a
vessel of the Armed Forces in any case in
which it is determined that the use of such
a device is reasonable and practicable.
(B) Considerations
In making a determination under subparagraph (A), the Administrator and the Secretary of Defense shall take into consideration—

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(i) the nature of the discharge;
(ii) the environmental effects of the discharge;
(iii) the practicability of using the marine pollution control device;
(iv) the effect that installation or use of
the marine pollution control device would
have on the operation or operational capability of the vessel;
(v) applicable United States law;
(vi) applicable international standards;
and
(vii) the economic costs of the installation and use of the marine pollution control device.
(3) Performance standards for marine pollution control devices
(A) In general
For each discharge for which a marine pollution control device is determined to be required under paragraph (2), the Administrator and the Secretary of Defense, in consultation with the Secretary of the department in which the Coast Guard is operating,
the Secretary of State, the Secretary of
Commerce, other interested Federal agencies, and interested States, shall jointly promulgate Federal standards of performance
for each marine pollution control device required with respect to the discharge. Notwithstanding subsection (a)(1) of section 553
of title 5, the Administrator and the Secretary of Defense shall promulgate the
standards in accordance with such section.
(B) Considerations
In promulgating standards under this
paragraph, the Administrator and the Secretary of Defense shall take into consideration the matters set forth in paragraph
(2)(B).
(C) Classes, types, and sizes of vessels
The standards promulgated under this
paragraph may—
(i) distinguish among classes, types, and
sizes of vessels;
(ii) distinguish between new and existing
vessels; and
(iii) provide for a waiver of the applicability of the standards as necessary or appropriate to a particular class, type, age,
or size of vessel.
(4) Regulations for use of marine pollution control devices
The Secretary of Defense, after consultation
with the Administrator and the Secretary of
the department in which the Coast Guard is
operating, shall promulgate such regulations
governing the design, construction, installation, and use of marine pollution control devices on board vessels of the Armed Forces as
are necessary to achieve the standards promulgated under paragraph (3).
(5) Deadlines; effective date
(A) Determinations
The Administrator and the Secretary of
Defense shall—
(i) make the initial determinations
under paragraph (2) not later than 2 years
after February 10, 1996; and

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

(ii) every 5 years—
(I) review the determinations; and
(II) if necessary, revise the determinations based on significant new information.
(B) Standards
The Administrator and the Secretary of
Defense shall—
(i) promulgate standards of performance
for a marine pollution control device
under paragraph (3) not later than 2 years
after the date of a determination under
paragraph (2) that the marine pollution
control device is required; and
(ii) every 5 years—
(I) review the standards; and
(II) if necessary, revise the standards,
consistent with paragraph (3)(B) and
based on significant new information.
(C) Regulations
The Secretary of Defense shall promulgate
regulations with respect to a marine pollution control device under paragraph (4) as
soon as practicable after the Administrator
and the Secretary of Defense promulgate
standards with respect to the device under
paragraph (3), but not later than 1 year after
the Administrator and the Secretary of Defense promulgate the standards. The regulations promulgated by the Secretary of Defense under paragraph (4) shall become effective upon promulgation unless another effective date is specified in the regulations.
(D) Petition for review
The Governor of any State may submit a
petition requesting that the Secretary of Defense and the Administrator review a determination under paragraph (2) or a standard
under paragraph (3), if there is significant
new information, not considered previously,
that could reasonably result in a change to
the particular determination or standard
after consideration of the matters set forth
in paragraph (2)(B). The petition shall be accompanied by the scientific and technical information on which the petition is based.
The Administrator and the Secretary of Defense shall grant or deny the petition not
later than 2 years after the date of receipt of
the petition.
(6) Effect on other laws
(A) Prohibition on regulation by States or political subdivisions of States
Beginning on the effective date of—
(i) a determination under paragraph (2)
that it is not reasonable and practicable to
require use of a marine pollution control
device regarding a particular discharge incidental to the normal operation of a vessel of the Armed Forces; or
(ii) regulations promulgated by the Secretary of Defense under paragraph (4);
except as provided in paragraph (7), neither
a State nor a political subdivision of a State
may adopt or enforce any statute or regulation of the State or political subdivision
with respect to the discharge or the design,
construction, installation, or use of any ma-

§ 1322

rine pollution control device required to
control discharges from a vessel of the
Armed Forces.
(B) Federal laws
This subsection shall not affect the application of section 1321 of this title to discharges incidental to the normal operation
of a vessel.
(7) Establishment of State no-discharge zones
(A) State prohibition
(i) In general
After the effective date of—
(I) a determination under paragraph (2)
that it is not reasonable and practicable
to require use of a marine pollution control device regarding a particular discharge incidental to the normal operation of a vessel of the Armed Forces; or
(II) regulations promulgated by the
Secretary of Defense under paragraph
(4);
if a State determines that the protection
and enhancement of the quality of some or
all of the waters within the State require
greater environmental protection, the
State may prohibit 1 or more discharges
incidental to the normal operation of a
vessel, whether treated or not treated, into
the waters. No prohibition shall apply
until the Administrator makes the determinations described in subclauses (II) and
(III) of subparagraph (B)(i).
(ii) Documentation
To the extent that a prohibition under
this paragraph would apply to vessels of
the Armed Forces and not to other types
of vessels, the State shall document the
technical or environmental basis for the
distinction.
(B) Prohibition by the Administrator
(i) In general
Upon application of a State, the Administrator shall by regulation prohibit the
discharge from a vessel of 1 or more discharges incidental to the normal operation
of a vessel, whether treated or not treated,
into the waters covered by the application
if the Administrator determines that—
(I) the protection and enhancement of
the quality of the specified waters within the State require a prohibition of the
discharge into the waters;
(II) adequate facilities for the safe and
sanitary removal of the discharge incidental to the normal operation of a vessel are reasonably available for the waters to which the prohibition would
apply; and
(III) the prohibition will not have the
effect of discriminating against a vessel
of the Armed Forces by reason of the
ownership or operation by the Federal
Government, or the military function, of
the vessel.
(ii) Approval or disapproval
The Administrator shall approve or disapprove an application submitted under

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

clause (i) not later than 90 days after the
date on which the application is submitted
to the Administrator. Notwithstanding
clause (i)(II), the Administrator shall not
disapprove an application for the sole reason that there are not adequate facilities
to remove any discharge incidental to the
normal operation of a vessel from vessels
of the Armed Forces.
(C) Applicability to foreign flagged vessels
A prohibition under this paragraph—
(i) shall not impose any design, construction, manning, or equipment standard on a
foreign flagged vessel engaged in innocent
passage unless the prohibition implements
a generally accepted international rule or
standard; and
(ii) that relates to the prevention, reduction, and control of pollution shall not
apply to a foreign flagged vessel engaged
in transit passage unless the prohibition
implements an applicable international
regulation regarding the discharge of oil,
oily waste, or any other noxious substance
into the waters.
(8) Prohibition relating to vessels of the Armed
Forces
After the effective date of the regulations
promulgated by the Secretary of Defense
under paragraph (4), it shall be unlawful for
any vessel of the Armed Forces subject to the
regulations to—
(A) operate in the navigable waters of the
United States or the waters of the contiguous zone, if the vessel is not equipped with
any required marine pollution control device
meeting standards established under this
subsection; or
(B) discharge overboard any discharge incidental to the normal operation of a vessel
in waters with respect to which a prohibition on the discharge has been established
under paragraph (7).
(9) Enforcement
This subsection shall be enforceable, as provided in subsections (j) and (k) of this section,
against any agency of the United States responsible for vessels of the Armed Forces notwithstanding any immunity asserted by the
agency.
(o) Management practices for recreational vessels
(1) Applicability
This subsection applies to any discharge,
other than a discharge of sewage, from a recreational vessel that is—
(A) incidental to the normal operation of
the vessel; and
(B) exempt from permitting requirements
under section 1342(r) of this title.
(2) Determination of discharges subject to
management practices
(A) Determination
(i) In general
The Administrator, in consultation with
the Secretary of the department in which
the Coast Guard is operating, the Sec-

Page 448

retary of Commerce, and interested
States, shall determine the discharges incidental to the normal operation of a recreational vessel for which it is reasonable
and practicable to develop management
practices to mitigate adverse impacts on
the waters of the United States.
(ii) Promulgation
The Administrator shall promulgate the
determinations under clause (i) in accordance with section 553 of title 5.
(iii) Management practices
The Administrator shall develop management practices for recreational vessels
in any case in which the Administrator determines that the use of those practices is
reasonable and practicable.
(B) Considerations
In making a determination under subparagraph (A), the Administrator shall consider—
(i) the nature of the discharge;
(ii) the environmental effects of the discharge;
(iii) the practicability of using a management practice;
(iv) the effect that the use of a management practice would have on the operation, operational capability, or safety of
the vessel;
(v) applicable Federal and State law;
(vi) applicable international standards;
and
(vii) the economic costs of the use of the
management practice.
(C) Timing
The Administrator shall—
(i) make the initial determinations
under subparagraph (A) not later than 1
year after July 29, 2008; and
(ii) every 5 years thereafter—
(I) review the determinations; and
(II) if necessary, revise the determinations based on any new information
available to the Administrator.
(3) Performance standards for management
practices
(A) In general
For each discharge for which a management practice is developed under paragraph
(2), the Administrator, in consultation with
the Secretary of the department in which
the Coast Guard is operating, the Secretary
of Commerce, other interested Federal agencies, and interested States, shall promulgate, in accordance with section 553 of title
5, Federal standards of performance for each
management practice required with respect
to the discharge.
(B) Considerations
In promulgating standards under this
paragraph, the Administrator shall take into
account the considerations described in
paragraph (2)(B).
(C) Classes, types, and sizes of vessels
The standards promulgated under this
paragraph may—

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

(i) distinguish among classes, types, and
sizes of vessels;
(ii) distinguish between new and existing
vessels; and
(iii) provide for a waiver of the applicability of the standards as necessary or appropriate to a particular class, type, age,
or size of vessel.
(D) Timing
The Administrator shall—
(i) promulgate standards of performance
for a management practice under subparagraph (A) not later than 1 year after the
date of a determination under paragraph
(2) that the management practice is reasonable and practicable; and
(ii) every 5 years thereafter—
(I) review the standards; and
(II) if necessary, revise the standards,
in accordance with subparagraph (B) and
based on any new information available
to the Administrator.
(4) Regulations for the use of management
practices
(A) In general
The Secretary of the department in which
the Coast Guard is operating shall promulgate such regulations governing the design,
construction, installation, and use of management practices for recreational vessels as
are necessary to meet the standards of performance promulgated under paragraph (3).
(B) Regulations
(i) In general
The Secretary shall promulgate the regulations under this paragraph as soon as
practicable after the Administrator promulgates standards with respect to the
practice under paragraph (3), but not later
than 1 year after the date on which the Administrator promulgates the standards.
(ii) Effective date
The regulations promulgated by the Secretary under this paragraph shall be effective upon promulgation unless another effective date is specified in the regulations.
(iii) Consideration of time
In determining the effective date of a
regulation promulgated under this paragraph, the Secretary shall consider the period of time necessary to communicate the
existence of the regulation to persons affected by the regulation.
(5) Effect of other laws
This subsection shall not affect the application of section 1321 of this title to discharges
incidental to the normal operation of a recreational vessel.
(6) Prohibition relating to recreational vessels
After the effective date of the regulations
promulgated by the Secretary of the department in which the Coast Guard is operating
under paragraph (4), the owner or operator of
a recreational vessel shall neither operate in
nor discharge any discharge incidental to the
normal operation of the vessel into, the waters

§ 1322

of the United States or the waters of the contiguous zone, if the owner or operator of the
vessel is not using any applicable management
practice meeting standards established under
this subsection.
(June 30, 1948, ch. 758, title III, § 312, as added
Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 871;
amended Pub. L. 95–217, § 59, Dec. 27, 1977, 91
Stat. 1596; Pub. L. 96–88, title V, § 509(b), Oct. 17,
1979, 93 Stat. 695; Pub. L. 100–4, title III, § 311,
Feb. 4, 1987, 101 Stat. 42; Pub. L. 104–106, div. A,
title III, § 325(b)–(c)(2), Feb. 10, 1996, 110 Stat.
254–259; Pub. L. 110–288, § 4, July 29, 2008, 122 Stat.
2650.)
REFERENCES IN TEXT
For definition of Canal Zone, referred to in subsecs.
(a)(4) and (m), see section 3602(b) of Title 22, Foreign
Relations and Intercourse.
AMENDMENTS
2008—Subsec. (o). Pub. L. 110–288 added subsec. (o).
1996—Subsec. (a)(8). Pub. L. 104–106, § 325(c)(1)(A), substituted ‘‘corporation, association, or agency of the
United States,’’ for ‘‘corporation, or association,’’.
Subsec. (a)(12) to (14). Pub. L. 104–106, § 325(c)(1)(B),
(C), added pars. (12) to (14).
Subsec. (j). Pub. L. 104–106, § 325(c)(2), substituted
‘‘subsection (g)(1) of this section, clause (1) or (2) of
subsection (h) of this section, or subsection (n)(8) of
this section shall be liable’’ for ‘‘subsection (g)(1) of
this section or clause (1) or (2) of subsection (h) of this
section shall be liable’’.
Subsec. (n). Pub. L. 104–106, § 325(b), added subsec. (n).
1987—Subsec. (f)(1). Pub. L. 100–4, § 311(a), designated
existing provision as subpar. (A), substituted ‘‘Except
as provided in subparagraph (B), after’’ for ‘‘After’’, and
added subpar. (B).
Subsec. (k). Pub. L. 100–4, § 311(b), inserted at end
‘‘The provisions of this section may also be enforced by
a State.’’
1977—Subsec. (a)(6). Pub. L. 95–217, § 59(a), inserted
‘‘except that, with respect to commercial vessels on the
Great Lakes, such term shall include graywater’’ after
‘‘receive or retain body wastes’’.
Subsec. (a)(10), (11). Pub. L. 95–217, § 59(b), added pars.
(10) and (11).
Subsec. (b)(1). Pub. L. 95–217, § 59(c), inserted references to standards established under subsec. (c)(1)(B)
of this section and to standards promulgated under subsec. (c) of this section.
Subsec. (c)(1). Pub. L. 95–217, § 59(d), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (f)(4). Pub. L. 95–217, § 59(e), designated existing provisions as subpar. (A) and added subpar. (B).
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ substituted for ‘‘Secretary of Health, Education, and Welfare’’ in subsec. (e) pursuant to section 509(b) of Pub. L.
96–88 which is classified to section 3508(b) of Title 20,
Education.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
TERMINATION OF TRUST TERRITORY OF THE PACIFIC
ISLANDS
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title
48, Territories and Insular Possessions.

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

TERMINATION OF UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF THE CANAL ZONE
For termination of the United States District Court
for the District of the Canal Zone at end of the ‘‘transition period’’, being the 30-month period beginning Oct.
1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of
1977 and sections 2101 and 2201 to 2203 of Pub. L. 96–70,
title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to
sections 3831 and 3841 to 3843, respectively, of Title 22,
Foreign Relations and Intercourse.
PURPOSE OF 1996 AMENDMENT
Section 325(a) of Pub. L. 104–106 provided that: ‘‘The
purposes of this section [amending this section and section 1362 of this title and enacting provisions set out as
a note below] are to—
‘‘(1) enhance the operational flexibility of vessels of
the Armed Forces domestically and internationally;
‘‘(2) stimulate the development of innovative vessel
pollution control technology; and
‘‘(3) advance the development by the United States
Navy of environmentally sound ships.’’
COOPERATION IN NATIONAL DISCHARGE STANDARDS
DEVELOPMENT
Section 325(d) of Pub. L. 104–106 provided that: ‘‘The
Administrator of the Environmental Protection Agency and the Secretary of Defense may, by mutual agreement, with or without reimbursement, provide for the
use of information, reports, personnel, or other resources of the Environmental Protection Agency or the
Department of Defense to carry out section 312(n) of
the Federal Water Pollution Control Act [33 U.S.C.
1322(n)] (as added by subsection (b)), including the use
of the resources—
‘‘(1) to determine—
‘‘(A) the nature and environmental effect of discharges incidental to the normal operation of a vessel of the Armed Forces;
‘‘(B) the practicability of using marine pollution
control devices on vessels of the Armed Forces; and
‘‘(C) the effect that installation or use of marine
pollution control devices on vessels of the Armed
Forces would have on the operation or operational
capability of the vessels; and
‘‘(2) to establish performance standards for marine
pollution control devices on vessels of the Armed
Forces.’’
CLEAN VESSELS
Pub. L. 102–587, title V, subtitle F, Nov. 4, 1992, 106
Stat. 5086, as amended by Pub. L. 109–59, title X, § 10131,
Aug. 10, 2005, 119 Stat. 1931, provided that:
‘‘SEC. 5601. SHORT TITLE.
‘‘This subtitle may be cited as the ‘Clean Vessel Act
of 1992’.
‘‘SEC. 5602. FINDINGS; PURPOSE.
‘‘(a) FINDINGS.—The Congress finds the following:
‘‘(1) The discharge of untreated sewage by vessels is
prohibited under Federal law in all areas within the
navigable waters of the United States.
‘‘(2) The discharge of treated sewage by vessels is
prohibited under either Federal or State law in many
of the United States bodies of water where recreational boaters operate.
‘‘(3) There is currently an inadequate number of
pumpout stations for type III marine sanitation devices where recreational vessels normally operate.
‘‘(4) Sewage discharged by recreational vessels because of an inadequate number of pumpout stations is
a substantial contributor to localized degradation of
water quality in the United States.
‘‘(b) PURPOSE.—The purpose of this subtitle is to provide funds to States for the construction, renovation,
operation, and maintenance of pumpout stations and
waste reception facilities.

Page 450

‘‘SEC. 5603. DETERMINATION AND PLAN REGARDING STATE MARINE SANITATION DEVICE
PUMPOUT STATION NEEDS.
‘‘(a) SURVEY.—Within 3 months after the notification
under section 5605(b), each coastal State shall conduct
a survey to determine—
‘‘(1) the number and location of all operational
pumpout stations and waste reception facilities at
public and private marinas, mooring areas, docks,
and other boating access facilities within the coastal
zone of the State; and
‘‘(2) the number of recreational vessels in the coastal waters of the State with type III marine sanitation
devices or portable toilets, and the areas of those
coastal waters where those vessels congregate.
‘‘(b) PLAN.—Within 6 months after the notification
under section 5605(b), and based on the survey conducted under subsection (a), each coastal State shall—
‘‘(1) develop and submit to the Secretary of the Interior a plan for any construction or renovation of
pumpout stations and waste reception facilities that
are necessary to ensure that, based on the guidance
issued under section 5605(a), there are pumpout stations and waste reception facilities in the State that
are adequate and reasonably available to meet the
needs of recreational vessels using the coastal waters
of the State; and
‘‘(2) submit to the Secretary of the Interior with
that plan a list of all stations and facilities in the
coastal zone of the State which are operational on
the date of submittal.
‘‘(c) PLAN APPROVAL.—
‘‘(1) IN GENERAL.—Not later than 60 days after a
plan is submitted by a State under subsection (b), the
Secretary of the Interior shall approve or disapprove
the plan, based on—
‘‘(A) the adequacy of the survey conducted by the
State under subsection (a); and
‘‘(B) the ability of the plan, based on the guidance
issued under section 5605(a), to meet the construction and renovation needs of the recreational vessels identified in the survey.
‘‘(2) NOTIFICATION OF STATE; MODIFICATION.—The
Secretary of the Interior shall promptly notify the
affected Governor of the approval or disapproval of a
plan. If a plan is disapproved, the Secretary of the Interior shall recommend necessary modifications and
return the plan to the affected Governor.
‘‘(3) RESUBMITTAL.—Not later than 60 days after receiving a plan returned by the Secretary of the Interior, the Governor shall make the appropriate
changes and resubmit the plan.
‘‘(d) INDICATION OF STATIONS AND FACILITIES ON NOAA
CHARTS.—
‘‘(1) IN GENERAL.—The Under Secretary of Commerce for Oceans and Atmosphere shall indicate, on
charts published by the National Oceanic and Atmospheric Administration for the use of operators of recreational vessels, the locations of pumpout stations
and waste reception facilities.
‘‘(2) NOTIFICATION OF NOAA.—
‘‘(A) LISTS OF STATIONS AND FACILITIES.—The Secretary of the Interior shall transmit to the Under
Secretary of Commerce for Oceans and Atmosphere
each list of operational stations and facilities submitted by a State under subsection (b)(2), by not
later than 30 days after the date of receipt of that
list.
‘‘(B) COMPLETION OF PROJECT.—The Director of
the United States Fish and Wildlife Service shall
notify the Under Secretary of the location of each
station or facility at which a construction or renovation project is completed by a State with
amounts made available under the Act of August 9,
1950 (16 U.S.C. 777a et seq. [16 U.S.C. 777 et seq.]), as
amended by this subtitle, by not later than 30 days
after the date of notification by a State of the completion of the project.
‘‘SEC. 5604. FUNDING.
‘‘(a) TRANSFER.—[Amended section 777c of Title 16,
Conservation.]

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

‘‘(b) ACCESS INCREASE.—[Amended section 777g of
Title 16, Conservation.]
‘‘(c) GRANT PROGRAM.—
‘‘(1) MATCHING GRANTS.—The Secretary of the Interior may obligate an amount not to exceed the
amount made available under section 4(b)(2) of the
Act of August 9, 1950 (16 U.S.C. 777c(b)(2), as amended
by this Act), to make grants to—
‘‘(A) coastal States to pay not more than 75 percent of the cost to a coastal State of—
‘‘(i) conducting a survey under section 5603(a);
‘‘(ii) developing and submitting a plan and accompanying list under section 5603(b);
‘‘(iii) constructing and renovating pumpout stations and waste reception facilities; and
‘‘(iv) conducting a program to educate recreational boaters about the problem of human
body waste discharges from vessels and inform
them of the location of pumpout stations and
waste reception facilities.
‘‘(B) inland States, which can demonstrate to the
Secretary of the Interior that there are an inadequate number of pumpout stations and waste reception facilities to meet the needs of recreational
vessels in the waters of that State, to pay 75 percent of the cost to that State of—
‘‘(i) constructing and renovating pumpout stations and waste reception facilities in the inland
State; and
‘‘(ii) conducting a program to educate recreational boaters about the problem of human
body waste discharges from vessels and inform
them of the location of pumpout stations and
waste reception facilities.
‘‘(2) PRIORITY.—In awarding grants under this subsection, the Secretary of the Interior shall give priority consideration to grant applications that—
‘‘(A) provide for public/private partnership efforts
to develop and operate pumpout stations and waste
reception facilities; and
‘‘(B) propose innovative ways to increase the
availability and use of pumpout stations and waste
reception facilities.
‘‘(d) DISCLAIMER.—Nothing in this subtitle shall be interpreted to preclude a State from carrying out the
provisions of this subtitle with funds other than those
described in this section.
‘‘SEC. 5605. GUIDANCE AND NOTIFICATION.
‘‘(a) ISSUANCE OF GUIDANCE.—Not later than 3 months
after the date of the enactment of this subtitle [Nov. 4,
1992], the Secretary of the Interior shall, after consulting with the Administrator of the Environmental Protection Agency, the Under Secretary of Commerce for
Oceans and Atmosphere, and the Commandant of the
Coast Guard, issue for public comment pumpout station and waste reception facility guidance. The Secretary of the Interior shall finalize the guidance not
later than 6 months after the date of enactment of this
subtitle. The guidance shall include—
‘‘(1) guidance regarding the types of pumpout stations and waste reception facilities that may be appropriate for construction, renovation, operation, or
maintenance with amounts available under the Act of
August 9, 1950 (16 U.S.C. 777a et seq. [16 U.S.C. 777 et
seq.]), as amended by this subtitle, and appropriate
location of the stations and facilities within a marina
or boatyard;
‘‘(2) guidance defining what constitutes adequate
and reasonably available pumpout stations and waste
reception facilities in boating areas;
‘‘(3) guidance on appropriate methods for disposal
of vessel sewage from pumpout stations and waste reception facilities;
‘‘(4) guidance on appropriate connector fittings to
facilitate the sanitary and expeditious discharge of
sewage from vessels;
‘‘(5) guidance on the waters most likely to be affected by the discharge of sewage from vessels; and
‘‘(6) other information that is considered necessary
to promote the establishment of pumpout facilities

§ 1322

to reduce sewage discharges from vessels and to protect United States waters.
‘‘(b) NOTIFICATION.—Not later than one month after
the guidance issued under subsection (a) is finalized,
the Secretary of the Interior shall provide notification
in writing to the fish and wildlife, water pollution control, and coastal zone management authorities of each
State, of—
‘‘(1) the availability of amounts under the Act of
August 9, 1950 (16 U.S.C. 777a et seq. [16 U.S.C. 777 et
seq.]) to implement the Clean Vessel Act of 1992; and
‘‘(2) the guidance developed under subsection (a).
‘‘SEC. 5606. EFFECT ON STATE FUNDING ELIGIBILITY.
‘‘This subtitle shall not be construed or applied to
jeopardize any funds available to a coastal State under
the Act of August 9, 1950 (16 U.S.C. 777a et seq. [16
U.S.C. 777 et seq.]), if the coastal State is, in good faith,
pursuing a survey and plan designed to meet the purposes of this subtitle.
‘‘SEC. 5607. APPLICABILITY.
‘‘The requirements of section 5603 shall not apply to
a coastal State if within six months after the date of
enactment of this subtitle [Nov. 4, 1992] the Secretary
of the Interior certifies that—
‘‘(1) the State has developed and is implementing a
plan that will ensure that there will be pumpout stations and waste reception facilities adequate to meet
the needs of recreational vessels in the coastal waters
of the State; or
‘‘(2) existing pumpout stations and waste reception
facilities in the coastal waters of the State are adequate to meet those needs.
‘‘SEC. 5608. DEFINITIONS.
‘‘For the purposes of this subtitle the term:
‘‘(1) ‘coastal State’—
‘‘(A) means a State of the United States in, or
bordering on the Atlantic, Pacific, or Arctic Ocean;
the Gulf of Mexico; Long Island Sound; or one or
more of the Great Lakes;
‘‘(B) includes Puerto Rico, the Virgin Islands,
Guam, the Commonwealth of the Northern Mariana
Islands, and American Samoa; and
‘‘(C) does not include a State for which the ratio
of the number of recreational vessels in the State
numbered under chapter 123 of title 46, United
States Code, to number of miles of shoreline (as
that term is defined in section 926.2(d) of title 15,
Code of Federal Regulations, as in effect on January 1, 1991), is less than one.
‘‘(2) ‘coastal waters’ means—
‘‘(A) in the Great Lakes area, the waters within
the territorial jurisdiction of the United States
consisting of the Great Lakes, their connecting waters, harbors, roadsteads, and estuary-type areas
such as bays, shallows, and marshes; and
‘‘(B) in other areas, those waters, adjacent to the
shorelines, which contain a measurable percentage
of sea water, including sounds, bay, lagoons, bayous, ponds, and estuaries.
‘‘(3) ‘coastal zone’ has the same meaning that term
has in section 304(1) of the Coastal Zone Management
Act of 1972 (16 U.S.C. 1453(1));
‘‘(4) ‘inland State’ means a State which is not a
coastal state;
‘‘(5) ‘type III marine sanitation device’ means any
equipment for installation on board a vessel which is
specifically designed to receive, retain, and discharge
human body wastes;
‘‘(6) ‘pumpout station’ means a facility that pumps
or receives human body wastes out of type III marine
sanitation devices installed on board vessels;
‘‘(7) ‘recreational vessel’ means a vessel—
‘‘(A) manufactured for operation, or operated, primarily for pleasure; or
‘‘(B) leased, rented, or chartered to another for
the latter’s pleasure; and
‘‘(8) ‘waste reception facility’ means a facility specifically designed to receive wastes from portable

§ 1323

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

toilets carried on vessels, and does not include
lavatories.’’
CONTIGUOUS ZONE OF UNITED STATES
For extension of contiguous zone of United States,
see Proc. No. 7219, set out as a note under section 1331
of Title 43, Public Lands.

§ 1323. Federal facilities pollution control
(a) Compliance with pollution control requirements by Federal entities
Each department, agency, or instrumentality
of the executive, legislative, and judicial
branches of the Federal Government (1) having
jurisdiction over any property or facility, or (2)
engaged in any activity resulting, or which may
result, in the discharge or runoff of pollutants,
and each officer, agent, or employee thereof in
the performance of his official duties, shall be
subject to, and comply with, all Federal, State,
interstate, and local requirements, administrative authority, and process and sanctions respecting the control and abatement of water
pollution in the same manner, and to the same
extent as any nongovernmental entity including
the payment of reasonable service charges. The
preceding sentence shall apply (A) to any requirement whether substantive or procedural
(including any recordkeeping or reporting requirement, any requirement respecting permits
and any other requirement, whatsoever), (B) to
the exercise of any Federal, State, or local administrative authority, and (C) to any process
and sanction, whether enforced in Federal,
State, or local courts or in any other manner.
This subsection shall apply notwithstanding any
immunity of such agencies, officers, agents, or
employees under any law or rule of law. Nothing
in this section shall be construed to prevent any
department, agency, or instrumentality of the
Federal Government, or any officer, agent, or
employee thereof in the performance of his official duties, from removing to the appropriate
Federal district court any proceeding to which
the department, agency, or instrumentality or
officer, agent, or employee thereof is subject
pursuant to this section, and any such proceeding may be removed in accordance with section
1441 et seq. of title 28. No officer, agent, or employee of the United States shall be personally
liable for any civil penalty arising from the performance of his official duties, for which he is
not otherwise liable, and the United States shall
be liable only for those civil penalties arising
under Federal law or imposed by a State or local
court to enforce an order or the process of such
court. The President may exempt any effluent
source of any department, agency, or instrumentality in the executive branch from compliance
with any such a requirement if he determines it
to be in the paramount interest of the United
States to do so; except that no exemption may
be granted from the requirements of section 1316
or 1317 of this title. No such exemptions shall be
granted due to lack of appropriation unless the
President shall have specifically requested such
appropriation as a part of the budgetary process
and the Congress shall have failed to make
available such requested appropriation. Any exemption shall be for a period not in excess of one
year, but additional exemptions may be granted

Page 452

for periods of not to exceed one year upon the
President’s making a new determination. The
President shall report each January to the Congress all exemptions from the requirements of
this section granted during the preceding calendar year, together with his reason for granting such exemption. In addition to any such exemption of a particular effluent source, the
President may, if he determines it to be in the
paramount interest of the United States to do
so, issue regulations exempting from compliance
with the requirements of this section any weaponry, equipment, aircraft, vessels, vehicles, or
other classes or categories of property, and access to such property, which are owned or operated by the Armed Forces of the United States
(including the Coast Guard) or by the National
Guard of any State and which are uniquely military in nature. The President shall reconsider
the need for such regulations at three-year intervals.
(b) Cooperation with Federal entities and limitation on facility construction
(1) The Administrator shall coordinate with
the head of each department, agency, or instrumentality of the Federal Government having jurisdiction over any property or facility utilizing
federally owned wastewater facilities to develop
a program of cooperation for utilizing wastewater control systems utilizing those innovative
treatment processes and techniques for which
guidelines have been promulgated under section
1314(d)(3) of this title. Such program shall include an inventory of property and facilities
which could utilize such processes and techniques.
(2) Construction shall not be initiated for facilities for treatment of wastewater at any Federal property or facility after September 30,
1979, if alternative methods for wastewater
treatment at such property or facility utilizing
innovative treatment processes and techniques,
including but not limited to methods utilizing
recycle and reuse techniques and land treatment
are not utilized, unless the life cycle cost of the
alternative treatment works exceeds the life
cycle cost of the most cost effective alternative
by more than 15 per centum. The Administrator
may waive the application of this paragraph in
any case where the Administrator determines it
to be in the public interest, or that compliance
with this paragraph would interfere with the orderly compliance with conditions of a permit issued pursuant to section 1342 of this title.
(c) Reasonable service charges
(1) In general
For the purposes of this chapter, reasonable
service charges described in subsection (a) include any reasonable nondiscriminatory fee,
charge, or assessment that is—
(A) based on some fair approximation of
the proportionate contribution of the property or facility to stormwater pollution (in
terms of quantities of pollutants, or volume
or rate of stormwater discharge or runoff
from the property or facility); and
(B) used to pay or reimburse the costs associated with any stormwater management
program (whether associated with a separate