Marine Protection, Research, and Sanctuaries Act (Ocean Dumping Act) Enforcement

Marine Protection, Research, and Sanctuaries Act Enforcement

Statute, Regulations,   Enforcement   Enforceable Requirements   Cases and Settlements

In 1972,Congress enacted the Marine Protection, Research and Sanctuaries Act (MPRSA), declaring that it is the policy of the United States to regulate the dumping of all types of materials into ocean waters and to prevent or strictly limit the dumping into ocean waters of any material which would adversely affect human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities. MPRSA is sometimes referred to as the Ocean Dumping Act (ODA), an amendment enacted in 1988.

Unless authorized by a permit, MPRSA generally prohibits (1) transportation of material from the U.S. for the purpose of ocean dumping (2) transportation of material from anywhere for the purpose of ocean dumping by U.S. agencies or U.S.-flagged vessels; and (3) dumping of material transported from outside the U.S. into the U.S. territorial sea or into contiguous zone (12 nautical miles from the base line) to the extent that it may affect the territorial sea or the territory of the United States.

In 1988, Congress enacted the Ocean Dumping Ban Act, which amended MPRSA to ban ocean dumping of industrial waste and sewage sludge. Industrial waste includes any solid, semisolid or liquid waste generated by a manufacturing or processing plant. Thus, a permit cannot be issued and any ocean dumping of these materials is prohibited.

A permit is required for the ocean dumping of material, which is defined as matter of any kind or description, including, but not limited to dredged material; solid waste; incinerator residue; garbage; sewage; sewage sludge; munitions; radiological, chemical and biological warfare agents; radioactive materials; chemicals; biological and laboratory waste; wreck or discarded equipment; rocks; sand; excavation debris; and industrial, municipal, agricultural, and other waste. The term does not include sewage from vessels or oil, unless the oil is transported via a vessel or aircraft for the purpose of dumping.

To the extent that the disposition of effluent from an outfall structure is regulated under the Clean Water Act (through, for example, an NPDES permit and ocean discharge criteria), it is not considered dumping under MPRSA. Under certain circumstances, the disposition of material is also not considered dumping if it is pursuant to an Army Corps of Engineers permit or provisions of the Atomic Energy Act. Some limited exemptions exist for disposals related to the construction of fixed structures and deposit of oyster shells.

MPRSA also provides for a research program on long-range effects of pollution, overfishing and man-induced changes of ocean ecosystems and on ocean dumping and other methods of waste disposal. The statute also creates programs to monitor environmental conditions and for the designation and regulation of marine sanctuaries.