§ 1272. Environmental dredging
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/usc/title-33/section-1272A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Operation and maintenance of navigation projects Whenever necessary to meet the requirements of the Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.], the Secretary, in consultation with the Administrator of the Environmental Protection Agency, may remove and remediate, as part of operation and maintenance of a navigation project, contaminated sediments outside the boundaries of and adjacent to the navigation channel.
(b)Nonproject specific
(1)In general The Secretary may remove and remediate contaminated sediments from the navigable waters of the United States for the purpose of environmental enhancement and water quality improvement if such removal and remediation is requested by a non-Federal sponsor and the sponsor agrees to pay 35 percent of the cost of such removal and remediation.
(2)Maximum amount The Secretary may not expend more than $50,000,000 in a fiscal year to carry out this subsection.
(c)Joint plan requirement The Secretary may only remove and remediate contaminated sediments under subsection
(b)in accordance with a joint plan developed by the Secretary and interested Federal, State, and local government officials. Such plan must include an opportunity for public comment, a description of the work to be undertaken, the method to be used for dredged material disposal, the roles and responsibilities of the Secretary and non-Federal sponsors, and identification of sources of funding.
(d)Disposal costs Costs of disposal of contaminated sediments removed under this section shall be a 1 shared as a cost of construction.
(e)Limitation on statutory construction Nothing in this section shall be construed to affect the rights and responsibilities of any person under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 [42 U.S.C. 9601 et seq.].
(f)Priority work In carrying out this section, the Secretary shall give priority to work in the following areas:
(1)Brooklyn Waterfront, New York.
(2)Buffalo Harbor and River, New York.
(3)Ashtabula River, Ohio.
(4)Mahoning River, Ohio.
(5)Lower Fox River, Wisconsin.
(6)Passaic River and Newark Bay, New Jersey.
(7)Snake Creek, Bixby, Oklahoma.
(8)Willamette River, Oregon.
(g)Nonprofit entities Notwithstanding section 1962d–5b of title 42, for any project carried out under this section, a non-Federal sponsor may include a nonprofit entity, with the consent of the affected local government.
(Pub. L. 101–640, title III, § 312, Nov. 28, 1990, 104 Stat. 4639; Pub. L. 104–303, title II, § 205, Oct. 12, 1996, 110 Stat. 3679; Pub. L. 106–53, title II, § 224, Aug. 17, 1999, 113 Stat. 297; Pub. L. 106–541, title II, § 210(a), Dec. 11, 2000, 114 Stat. 2592.)
Connections5 cite this · traces to 4
Cited by 5 sections
statute-compilations
statutes-at-large
- Public Law 106–53To provide for the conservation and development of water and related resources, to authorize the United States Army Corps of Engineers to construct various projects for improvements to rivers and harbors of the United States, and for other purposes
- Public Law 106–541To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes
- Public Law 110–114To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes
22 references not yet in our index
- 1
- Pub. L. 101–640, title III, § 312
- 104 Stat. 4639
- Pub. L. 104–303, title II, § 205
- 110 Stat. 3679
- Pub. L. 106–53, title II, § 224
- 113 Stat. 297
- Pub. L. 106–541, title II, § 210(a)
- 114 Stat. 2592
- act June 30, 1948, ch. 758
- Pub. L. 92–500, § 2
- 86 Stat. 816
- Pub. L. 96–510
- 94 Stat. 2767
- Pub. L. 106–541
- Pub. L. 106–53, § 224(1)(A)
- Pub. L. 106–53, § 224(1)(B)
- Pub. L. 106–53, § 224(2)
- Pub. L. 106–53, § 224(3)
- Pub. L. 104–303, § 205(1)
- Pub. L. 104–303, § 205(2)(B)
- Pub. L. 104–303, § 205(3)
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cites case law
§ 1272
Environmental dredging
Stat.×3
Bills×1
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Cite1
Pub. L.Pub. L. 101–640, title III, § 312
Stat.104 Stat. 4639
Pub. L.Pub. L. 104–303, title II, § 205
Stat.110 Stat. 3679
Cites 26 · showing 9Cited by 5 across 3 sources