33 U.S.C. § 1905

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 1905 - Pollution reception facilities

(a) Adequacy; criteria

(1) The Secretary, after consultation with the Administrator of the Environmental Protection Agency, shall establish regulations setting criteria for determining the adequacy of a port's or terminal's reception facilities for mixtures containing oil or noxious liquid substances and shall establish procedures whereby a person in charge of a port or terminal may request the Secretary to certify that the port's or terminal's facilities for receiving the residues and mixtures containing oil or noxious liquid substance from seagoing ships are adequate.

(2) The Secretary, after consulting with appropriate Federal agencies, shall establish regulations setting criteria for determining the adequacy of reception facilities for garbage at a port or terminal, and stating such additional measures and requirements as are appropriate to ensure such adequacy. Persons in charge of ports and terminals shall provide reception facilities, or ensure that such facilities are available, for receiving garbage in accordance with those regulations.

(3) The Secretary and the Administrator, after consulting with appropriate Federal agencies, shall jointly prescribe regulations setting criteria for determining the adequacy of reception facilities for receiving ozone depleting substances, equipment containing such substances, and exhaust gas cleaning residues at a port or terminal, and stating any additional measures and requirements as are appropriate to ensure such adequacy. Persons in charge of ports and terminals shall provide reception facilities, or ensure that reception facilities are available, in accordance with those regulations. The Secretary and the Administrator may jointly prescribe regulations to certify, and may issue certificates to the effect, that a port's or terminal's facilities for receiving ozone depleting substances, equipment containing such substances, and exhaust gas cleaning residues from ships are adequate.

(b) Traffic considerations

In determining the adequacy of reception facilities required by the MARPOL Protocol or the Antarctic Protocol at a port or terminal, and in establishing regulations under subsection (a) of this section, the Secretary or the Administrator may consider, among other things, the number and types of ships or seagoing ships using the port or terminal, including their principal trades.

(c) Certificate; issuance; validity; inspection; review of suspension or revocation by Secretary

(1) If reception facilities of a port or terminal meet the requirements of Annex I and Annex II to the Convention and the regulations prescribed under subsection (a)(1), the Secretary shall, after consultation with the Administrator of the Environmental Protection Agency, issue a certificate to that effect to the applicant.

(2)

(A) Subject to subparagraph (B), if reception facilities of a port or terminal meet the requirements of Annex V to the Convention and the regulations prescribed under subsection (a)(2), the Secretary may, after consultation with appropriate Federal agencies, issue a certificate to that effect to the person in charge of the port or terminal.

(B) The Secretary may not issue a certificate attesting to the adequacy of reception facilities under this paragraph unless, prior to the issuance of the certificate, the Secretary conducts an inspection of the reception facilities of the port or terminal that is the subject of the certificate.

(C) The Secretary may, with respect to certificates issued under this paragraph prior to October 19, 1996, prescribe by regulation differing periods of validity for such certificates.

(3) A certificate issued under this subsection-

(A) is valid for the 5-year period beginning on the date of issuance of the certificate, except that if-

(i) the charge for operation of the port or terminal is transferred to a person or entity other than the person or entity that is the operator on the date of issuance of the certificate-

(I) the certificate shall expire on the date that is 30 days after the date of the transfer; and

(II) the new operator shall be required to submit an application for a certificate before a certificate may be issued for the port or terminal; or

(ii) the certificate is suspended or revoked by the Secretary, the certificate shall cease to be valid; and

(B) shall be available for inspection upon the request of the master, other person in charge, or agent of a ship using or intending to use the port or terminal.

(4) The suspension or revocation of a certificate issued under this subsection may be appealed to the Secretary and acted on by the Secretary in the manner prescribed by regulation.

(d) Publication of list of certificated ports or terminals

(1) The Secretary shall maintain a list of ports or terminals with respect to which a certificate issued under this section-

(A) is in effect; or

(B) has been revoked or suspended.

(2) The Secretary shall make the list referred to in paragraph (1) available to the general public.

(e) Entry; denial

(1) Except in the case of force majeure, the Secretary shall deny entry to a seagoing ship required by the Convention or the Antarctic Protocol to retain onboard while at sea, residues and mixtures containing oil or noxious liquid substances, if-

(A) the port or terminal is one required by Annexes I and II of the Convention or Article 9 of Annex IV to the Antarctic Protocol or regulations hereunder to have adequate reception facilities; and

(B) the port or terminal does not hold a valid certificate issued by the Secretary under this section.

(2) The Secretary may deny the entry of a ship to a port or terminal required by the MARPOL Protocol, this chapter, or regulations prescribed under this section relating to the provision of adequate reception facilities for garbage, ozone depleting substances, equipment containing those substances, or exhaust gas cleaning residues, if the port or terminal is not in compliance with the MARPOL Protocol, this chapter, or those regulations.

(f) Surveys

(1) The Secretary and the Administrator are authorized to conduct surveys of existing reception facilities in the United States to determine measures needed to comply with the MARPOL Protocol or the Antarctic Protocol.

(2) Not later than 18 months after October 19, 1996, the Secretary shall promulgate regulations that require the operator of each port or terminal that is subject to any requirement of the MARPOL Protocol relating to reception facilities to post a placard in a location that can easily be seen by port and terminal users. The placard shall state, at a minimum, that a user of a reception facility of the port or terminal should report to the Secretary any inadequacy of the reception facility.

33 U.S.C. § 1905

Pub. L. 96-478, §6, Oct. 21, 1980, 94 Stat. 2299; Pub. L. 100-220, title II, §2103, Dec. 29, 1987, 101 Stat. 1461; Pub. L. 101-225, title II, §201(1), Dec. 12, 1989, 103 Stat. 1910; Pub. L. 104-227, title II, §201(d), Oct. 2, 1996, 110 Stat. 3042; Pub. L. 104-324, title VIII, §801, Oct. 19, 1996, 110 Stat. 3943; Pub. L. 110-280, §7, July 21, 2008, 122 Stat. 2614.

EDITORIAL NOTES

AMENDMENTS2008-Subsec. (a)(3). Pub. L. 110-280, §7(1), added par. (3). Subsec. (b). Pub. L. 110-280, §7(2), inserted "or the Administrator" after "Secretary".Subsec. (e)(2). Pub. L. 110-280, §7(3), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: "The Secretary may deny the entry of a ship to a port or terminal required by regulations issued under this section to provide adequate reception facilities for garbage if the port or terminal is not in compliance with those regulations."Subsec. (f)(1). Pub. L. 110-280, §7(4), substituted "Secretary and the Administrator are" for "Secretary is".Subsec. (f)(2). Pub. L. 110-280, §7(5), struck out subpar. (A) designation before "Not later". 1996-Subsec. (b). Pub. L. 104-227, §201(d)(1), inserted "or the Antarctic Protocol" after "the MARPOL Protocol". Subsec. (c)(2). Pub. L. 104-324, §801(a)(1), (2), designated existing provisions as subpar. (A), substituted "Subject to subparagraph (B), if" for "If", and added subpars. (B) and (C).Subsec. (c)(3)(A). Pub. L. 104-324, §801(a)(3), added subpar. (A) and struck out former subpar. (A) which read as follows: "is valid until suspended or revoked by the Secretary for cause or because of changed conditions; and".Subsec. (d). Pub. L. 104-324, §801(a)(4), added subsec. (d) and struck out former subsec. (d) which read as follows: "The Secretary shall periodically cause to be published in the Federal Register a list of the ports or terminals holding a valid certificate issued under this section." Subsec. (e)(1). Pub. L. 104-227, §201(d)(2), (3), inserted "or the Antarctic Protocol" after "the Convention" in introductory provisions and inserted "or Article 9 of Annex IV to the Antarctic Protocol" after "the Convention" in subpar. (A). Subsec. (f). Pub. L. 104-324, §801(b), designated existing provisions as par. (1) and added par. (2)(A). Pub. L. 104-227, §201(d)(4), inserted "or the Antarctic Protocol" after "the MARPOL Protocol". 1989-Subsec. (c)(1). Pub. L. 101-225 substituted "Annex I and Annex II" for "Annex V". 1987-Subsec. (a). Pub. L. 100-220, §2103(a), designated existing provisions as par. (1), substituted "a port's or terminal's reception facilities for mixtures containing oil or noxious liquid substances" for "reception facilities of a port or terminal", and added par. (2). Subsec. (b). Pub. L. 100-220, §2103(b), inserted "and in establishing regulations under subsection (a) of this section," and "ships or". Subsec. (c). Pub. L. 100-220, §2103(c), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "If, upon inspection, reception facilities of a port or terminal are adequate to meet the requirements of the MARPOL Protocol and the regulations established hereunder, the Secretary shall, after consultation with the Administrator of the Environmental Protection Agency, issue a certificate to that effect to the applicant. A certificate issued under this subsection-"(1) is valid until suspended or revoked by the Secretary for cause or because of changed conditions; and"(2) shall be available for inspection upon the request of the master, other person in charge, or agent of a seagoing ship using or intending to use the port or terminal. The suspension or revocation of a certificate issued under this subsection may be appealed to the Secretary and acted on by him in the manner prescribed by regulation."Subsec. (e). Pub. L. 100-220, §2103(d), designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, in subpar. (A), substituted "Annexes I and II of the Convention" for "the MARPOL Protocol", and added par. (2).

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100-220 effective Dec. 31, 1988, the date on which Annex V to the International Convention for the Prevention of Pollution from Ships, 1973, entered into force for the United States, see section 2002(a) of Pub. L. 100-220 set out as a note under section 1901 of this title.

EFFECTIVE DATESubsecs. (a), (c), and (f) of this section effective Oct. 21, 1980, see section 14(b) of Pub. L. 96-478 set out as a note under section 1901 of this title.

Administrator: "Administrator" means the Administrator of the Environmental Protection Agency;
Antarctic Protocol: "Antarctic Protocol" means the Protocol on Environmental Protection to the Antarctic Treaty, signed October 4, 1991, in Madrid, and all annexes thereto, and includes any future amendments thereto which have entered into force;
Convention: "Convention" means the International Convention for the Prevention of Pollution from Ships, 1973, including Protocols I and II and Annexes I, II, V, and VI thereto, including any modification or amendments to the Convention, Protocols, or Annexes which have entered into force for the United States;
MARPOL Protocol: "MARPOL Protocol" means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973, and includes the Convention;
Secretary: "Secretary" means the Secretary of the department in which the Coast Guard is operating;
person: "person" means an individual, firm, public or private corporation, partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body;
ship: "ship" means a vessel of any type whatsoever, including hydrofoils, air-cushion vehicles, submersibles, floating craft whether self-propelled or not, and fixed or floating platforms;
terminal: "terminal" means an onshore facility or an offshore structure located in the navigable waters of the United States or subject to the jurisdiction of the United States and used, or intended to be used, as a port or facility for the transfer or other handling of a harmful substance.