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Code · STATUTE-COMPILATIONS · National Defense Authorization Act for Fiscal Year 2012 · Sec. 313

Sec. 313. DISCHARGE OF WASTES AT SEA GENERATED BY SHIPS OF THE ARMED FORCES

790 words·~4 min read·/statute-compilations/comps-10045/sec-313

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## SEC. 313 DISCHARGE OF WASTES AT SEA GENERATED BY SHIPS OF THE ARMED FORCES ###
(a)Discharge Restrictions for Ships of the Armed Forces Subsection
(b)of section 3 of the Act to Prevent Pollution from Ships (33 U.S.C. 1902(b)) is amended to read as follows: > > ### “(b) > > > ####
(1)> > Except as provided in paragraph (3), this Act shall not apply to— > > > ##### “(A) > > a ship of the Armed Forces described in paragraph (2); or > > > ##### “(B) > > any other ship specifically excluded by the MARPOL Protocol or the Antarctic Protocol. > > > #### “(2) > > A ship described in this paragraph is a ship that is owned or operated by the Secretary, with respect to the Coast Guard, or by the Secretary of a military department, and that, as determined by the Secretary concerned— > > > ##### “(A) > > has unique military design, construction, manning, or operating requirements; and > > > ##### “(B) > > cannot fully comply with the discharge requirements of Annex V to the Convention because compliance is not technologically feasible or would impair the operations or operational capability of the ship. > > > #### “(3) > > > #####
(A)> > Notwithstanding any provision of the MARPOL Protocol, the requirements of Annex V to the Convention shall apply to all ships referred to in subsection
(a)other than those described in paragraph (2). > > > ##### “(B) > > A ship that is described in paragraph
(2)shall limit the discharge into the sea of garbage as follows: > > > ###### “(i) > > The discharge into the sea of plastics, including synthetic ropes, synthetic fishing nets, plastic garbage bags, and incinerator ashes from plastic products that may contain toxic chemicals or heavy metals, or the residues thereof, is prohibited. > > > ###### “(ii) > > Garbage consisting of the following material may be discharged into the sea, subject to subparagraph (C): > > > ###### “(I) > > A non-floating slurry of seawater, paper, cardboard, or food waste that is capable of passing through a screen with openings no larger than 12 millimeters in diameter. > > > ###### “(II) > > Metal and glass that have been shredded and bagged (in compliance with clause (i)) so as to ensure negative buoyancy. > > > ###### “(III) > > With regard to a submersible, nonplastic garbage that has been compacted and weighted to ensure negative buoyancy. > > > ###### “(IV) > > Ash from incinerators or other thermal destruction systems not containing toxic chemicals, heavy metals, or incompletely burned plastics. > > > ##### “(C) > > > ######
(i)> > Garbage described in subparagraph (B)(ii)(I) may not be discharged within 3 nautical miles of land. > > > ###### “(ii) > > Garbage described in subclauses (II), (III), and
(IV)of subparagraph (B)(ii) may not be discharged within 12 nautical miles of land. > > > ##### “(D) > > Notwithstanding subparagraph (C), a ship described in paragraph
(2)that is not equipped with garbage-processing equipment sufficient to meet the requirements of subparagraph (B)(ii) may discharge garbage that has not been processed in accordance with subparagraph (B)(ii) if such discharge occurs as far as practicable from the nearest land, but in any case not less than— > > > ###### “(i) > > 12 nautical miles from the nearest land, in the case of food wastes and non-floating garbage, including paper products, cloth, glass, metal, bottles, crockery, and similar refuse; and > > > ###### “(ii) > > 25 nautical miles from the nearest land, in the case of all other garbage. > > > ##### “(E) > > This paragraph shall not apply when discharge of any garbage is necessary for the purpose of securing the safety of the ship, the health of the ship’s personnel, or saving life at sea. In the event that there is such a discharge, the discharge shall be reported to the Secretary, with respect to the Coast Guard, or the Secretary concerned. > > > ##### “(F) > > This paragraph shall not apply during time of war or a national emergency declared by the President or Congress.” > . ###
(b)Conforming Amendments Section 3(f) of the Act to Prevent Pollution from Ships (33 U.S.C. 1902(f)) is amended— ####
(1)in paragraph (1), by striking “Annex V to the Convention on or before the dates referred to in subsections (b)(2)(A) and (c)(1)” and inserting “subsection (b)”; and ####
(2)in paragraph (2), by inserting “and subsection (b)(3)(B)(i) of this section” after “Annex V to the Convention”.
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Sec. 313
DISCHARGE OF WASTES AT SEA GENERATED BY SHIPS OF THE ARMED FORCES
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