A vessel (except a public vessel as defined in section 2101 of title 46) may not transport municipal or commercial waste in coastal waters without—
(1) a permit for that vessel from the Secretary of Transportation; 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.
Application for a permit required by subsection (a) of this section shall be made by the 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) municipal 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.
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.
The Secretary may, or at the request of the Administrator shall, deny the issuance of a permit for any vessel if the owner or operator of the vessel has a record of a pattern of serious violations of—
(1) this subchapter;
(2) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
(3) the Marine Protection, Research, and Sanctuaries Act of 1972 [16 U.S.C. 1431 et seq., 1447 et seq.; 33 U.S.C. 1401 et seq., 2801 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.).
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.
The permit issued for a vessel under this chapter shall be maintained in a manner prescribed by the Secretary.
If a vessel is a documented vessel, the Secretary may endorse a permit on the vessel's certificate of documentation.
The Secretary may include information in a permit in the vessel information system maintained under chapter 125 of title 46.
(Pub. L. 100–688, title IV, §4102, Nov. 18, 1988, 102 Stat. 4155.)
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Last modified: October 26, 2015