Each supervisor of a harbor is authorized and directed to appoint inspectors and deputy inspectors, and for the purposes of enforcing this subchapter and the Act of August 18, 1894, entitled “An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes” (28 Stat. 338), and of detecting and bringing to punishment offenders against the same, the said supervisor of the harbor, and the inspectors and deputy inspectors so appointed by him, shall have power and authority.
First. To arrest and take into custody, with or without process, any person or persons who may commit any of the acts or offenses prohibited by this subchapter, or who may violate any of the provisions of the same: Provided, That no person shall be arrested without process for any offense not committed in the presence of the supervisor or his inspectors or deputy inspectors, or either of them: And provided further, That whenever any such arrest is made the person or persons so arrested shall be brought forthwith before a magistrate judge, judge, or court of the United States for examination of the offenses alleged against him; and such magistrate judge, judge, or court shall proceed in respect thereto as authorized by law in case of crimes against the United States.
Second. To go on board of any scow or towboat engaged in unlawful dumping of prohibited material, or in moving the same without a permit, as required in sections
448 of this title, or otherwise violating sections
448 of this title, and to seize and hold said boats until they are discharged by action of the magistrate judge, judge, or court of the United States before whom the offending persons are brought.
Third. To arrest and take into custody any witness or witnesses to such unlawful dumping of prohibited material, the said witnesses to be released under proper bonds.
Fourth. To go on board of any towboat having in tow scows or boats loaded with such prohibited material, and accompany the same to the place of dumping, whenever such action appears to be necessary to secure compliance with the requirements of this subchapter and of the Act aforesaid.
Fifth. To enter gas and oil works and all other manufacturing works for the purpose of discovering the disposition made of sludge, acid, or other injurious material, whenever there is good reason to believe that such sludge, acid, or other injurious material is allowed to run into tidal waters of the harbor in violation of section
441 of this title.
Act of August 18, 1894, referred to in provision preceding First paragraph, and Act aforesaid, referred to in Fourth paragraph, mean act Aug. 18, 1894, ch. 299, 28 Stat. 356, as amended, which enacted sections
452 of this title and amended sections
499 of this title. For complete classification of this Act to the Code, see Tables.
448 of this title, referred to in the Second paragraph, were in the original “this section of this Act” meaning section 3 of act June 29, 1888, which enacted sections
448 of this title. The provision of section
3 relating to issuance of permits is classified to section
443 of this title.
Section was enacted as part of section 3 of act June 29, 1888. Said section 3 of act June 29, 1888, enacted sections
448 of this title. See Codification note set out under section
443 of this title.
1958—Pub. L. 85–802substituted “Each supervisor of a harbor is authorized and directed to appoint inspectors and deputy inspectors, and, for the purposes of enforcing this subchapter” for “The supervisor of the harbor of New York, designated as provided in section
451 of this title, is authorized and directed to appoint inspectors and deputy inspectors, and for the purpose of enforcing sections
31, and this subchapter”.
Change of Name
“Magistrate judge” substituted in text for “magistrate” pursuant to section 321 ofPub. L. 101–650, set out as a note under section
631 of Title
28, Judiciary and Judicial Procedure. Previously, “magistrate” substituted for “commissioner” pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28.
Effective Date of 1958 Amendment
Amendment by Pub. L. 85–802effective on sixtieth day after Aug. 28, 1958, see section 2 ofPub. L. 85–802, set out as a note under section
441 of this title.
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 Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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