33 USC § 1272 - Environmental dredging
(a)
Operation and maintenance of navigation projects
Whenever necessary to meet the requirements of the Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.], the Secretary, in consultation with the Administrator of the Environmental Protection Agency, may remove and remediate, as part of operation and maintenance of a navigation project, contaminated sediments outside the boundaries of and adjacent to the navigation channel.
(b)
Nonproject specific
(1)
In general
The Secretary may remove and remediate contaminated sediments from the navigable waters of the United States for the purpose of environmental enhancement and water quality improvement if such removal and remediation is requested by a non-Federal sponsor and the sponsor agrees to pay 35 percent of the cost of such removal and remediation.
(c)
Joint plan requirement
The Secretary may only remove and remediate contaminated sediments under subsection (b) of this section in accordance with a joint plan developed by the Secretary and interested Federal, State, and local government officials. Such plan must include an opportunity for public comment, a description of the work to be undertaken, the method to be used for dredged material disposal, the roles and responsibilities of the Secretary and non-Federal sponsors, and identification of sources of funding.
(d)
Disposal costs
Costs of disposal of contaminated sediments removed under this section shall be a
[1]
shared as a cost of construction.
(f)
Priority work
In carrying out this section, the Secretary shall give priority to work in the following areas:
[1] So in original. The word “a” probably should not appear.
(a)
Operation and maintenance of navigation projects
Whenever necessary to meet the requirements of the Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.], the Secretary, in consultation with the Administrator of the Environmental Protection Agency, may remove and remediate, as part of operation and maintenance of a navigation project, contaminated sediments outside the boundaries of and adjacent to the navigation channel.
(b)
Nonproject specific
(1)
In general
The Secretary may remove and remediate contaminated sediments from the navigable waters of the United States for the purpose of environmental enhancement and water quality improvement if such removal and remediation is requested by a non-Federal sponsor and the sponsor agrees to pay 35 percent of the cost of such removal and remediation.
(c)
Joint plan requirement
The Secretary may only remove and remediate contaminated sediments under subsection (b) of this section in accordance with a joint plan developed by the Secretary and interested Federal, State, and local government officials. Such plan must include an opportunity for public comment, a description of the work to be undertaken, the method to be used for dredged material disposal, the roles and responsibilities of the Secretary and non-Federal sponsors, and identification of sources of funding.
(d)
Disposal costs
Costs of disposal of contaminated sediments removed under this section shall be a
[1]
shared as a cost of construction.
(f)
Priority work
In carrying out this section, the Secretary shall give priority to work in the following areas:
[1] So in original. The word “a” probably should not appear.
Source
(Pub. L. 101–640, title III, § 312,Nov. 28, 1990, 104 Stat. 4639; Pub. L. 104–303, title II, § 205,Oct. 12, 1996, 110 Stat. 3679; Pub. L. 106–53, title II, § 224,Aug. 17, 1999, 113 Stat. 297; Pub. L. 106–541, title II, § 210(a),Dec. 11, 2000, 114 Stat. 2592.)
References in Text
The Federal Water Pollution Control Act, referred to in subsec. (a), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2,Oct. 18, 1972, 86 Stat. 816, which is classified generally to this chapter (§ 1251 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section
1251 of this title and Tables.
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, referred to in subsec. (e), is Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, as amended, which is classified principally to chapter 103 (§ 9601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section
9601 of Title
42 and Tables.
Codification
Section was formerly set out as a note under section
1252 of this title.
Section was enacted as part of the Water Resources Development Act of 1990, and not as part of the Federal Water Pollution Control Act which comprises this chapter.
Amendments
2000—Subsec. (g). Pub. L. 106–541added subsec. (g).
1999—Subsec. (b)(1). Pub. L. 106–53, § 224(1)(A), substituted “35 percent” for “50 percent”.
Subsec. (b)(2). Pub. L. 106–53, § 224(1)(B), substituted “$50,000,000” for “$20,000,000”.
Subsec. (d). Pub. L. 106–53, § 224(2), substituted “shared as a cost of construction” for “non-Federal responsibility”.
Subsec. (f)(6) to (8). Pub. L. 106–53, § 224(3), added pars. (6) to (8).
1996—Subsec. (a). Pub. L. 104–303, § 205(1), inserted “and remediate” after “remove”.
Subsec. (b)(1). Pub. L. 104–303, § 205(1), (2)(A), inserted “and remediate” after “remove” and inserted “and remediation” after “removal” in two places.
Subsec. (b)(2). Pub. L. 104–303, § 205(2)(B), substituted “$20,000,000” for “$10,000,000”.
Subsec. (c). Pub. L. 104–303, § 205(1), inserted “and remediate” after “remove”.
Subsec. (f). Pub. L. 104–303, § 205(3), added subsec. (f) and struck out heading and text of former subsec. (f). Text read as follows: “This section shall not be effective after the last day of the 5-year period beginning on November 28, 1990; except that the Secretary may complete any project commenced under this section on or before such last day.”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Friday, May 3, 2013
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