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Ocean Dumping

33 U.S.C. § 1411 - Illegal Ocean Dumping

In recent decades, we've come to understand that the world's oceans are a much more fragile ecosystem than once thought and that polluting that ecosystem can have wide-reaching impacts on the world, from changes in the weather to the food we draw from the waters.

Therefore, federal law makes it a severe crime to dump materials into the ocean without specific permits and authorization under Title 33 U.S.C. 1411. If convicted of violating this law, you could face stiff fines, prison time, and forfeiture of any property or payment involved in or derived from that action.

33 U.S.C. § 1411 - Illegal Ocean Dumping 
Title 33 U.S.C. 1411 makes it a federal crime to dump materials into the ocean without permits.

The Marine Protection, Research, and Sanctuaries Act (MPRSA), also known as the Ocean Dumping Act, is a crucial piece of legislation in the United States designed to protect marine ecosystems from the harmful impacts of waste disposal or to minimize the effect of ocean dumping on these ecosystems.

This law outlaws the ocean dumping of many forms of waste, except for those who have obtained a permit. It significantly affects various sectors, including shipping, waste management, and environmental conservation. Violations of the MPRSA can result in significant penalties, both in civil fines and criminal sentencing.

33 U.S. Code 1411 - Prohibited acts says, "(a) Except as may be authorized by a permit issued under section 1412 or section 1413 of this title, and subject to regulations issued under section 1418 of this title,

(1) no person shall transport from the United States, and

(2) in the case of a vessel or aircraft registered in the United States or flying the United States flag or in the case of a United States department, agency, or instrumentality, no person shall transport from any location any material for the purpose of dumping it into ocean waters.

(b) Except as may be authorized by a permit issued under section 1412 of this title and subject to regulations issued under section 1418 of this title, no person shall dump any material transported from a location outside the United States (1) into the territorial sea of the United States, or (2) into a zone contiguous to the territorial sea of the United States, extending to a line twelve nautical miles seaward from the baseline from which the breadth of the territorial sea is measured, to the extent that it may affect the territorial sea or the territory of the United States."

What are the Origins of the Law?

The Marine Protection, Research, and Sanctuaries Act of 1972 (MPRSA) was enacted to address the adverse effects of indiscriminate dumping of wastes into ocean waters, which threatened marine ecosystems and public health.

This legislation established a regulatory framework for ocean disposal, requiring permits for dumping activities and setting stringent guidelines to prevent harmful substances from entering the marine environment.

Its creation marked a significant advance in environmental policy, reflecting a broader commitment to preserving oceanic health and biodiversity. MPRSA is now codified in Title 33, Chapter 27 of the U.S. Code.

What Does the Law Say?

Under 33 U.S.C. 1411, federal law prohibits anyone from transporting or dumping material into ocean waters without a permit from the Environmental Protection Agency (EPA) or the U.S. Army Corps of Engineers.

The primary goal is to prevent activities that can harm marine life and human health or degrade the quality of ocean waters. Specifically, U.S.C. 1411 makes the following two scenarios illegal:

  • An individual or organization transporting material from the United States, or from any United States vessel, to dump the material into any ocean waters; and
  • An individual or organization dumping material from outside the United States into the "territorial sea" of the U.S., defined as an area extending 12 nautical miles from the baseline of U.S. territorial waters.

The statute defines "material" broadly, encompassing a wide range of substances including, but not limited to, industrial waste, sewage sludge, chemical waste, and radioactive materials. The term "ocean waters" refers to the open sea and coastal waters extending seaward from the baseline of the territorial sea of the United States.

Environmental crimes are offenses that endanger the community by dumping, leaking, or introducing toxic chemicals or substances into the environment.

What Must Be Proven to Convict?

To secure a conviction under 18 U.S.C. 1411, the prosecution must prove several critical elements of the crime beyond a reasonable doubt:

  • Transportation or Dumping: You either dumped or transported material for the purpose of dumping.
  • Material: The substance transported or dumped qualifies as "material" under the statute.
  • Ocean Waters: The act occurred in ocean waters as defined by the law.
  • Lack of Permit: You did not possess a valid permit authorizing the transportation or dumping of the material.

What Are Related Federal Laws?

33 U.S. Code Chapter 27 Subchapter I Regulation has numerous federal laws related to illegal ocean dumping, including the following:

  • 33 U.S.C. 1411 - Prohibited acts.
  • 33 U.S.C. 1412 - Dumping permit program.
  • 33 U.S.C. 1412a - Emergency dumping of industrial waste.
  • 33 U.S.C. 1413 - Dumping permit program for dredged material.
  • 33 U.S.C. 1414 - Permit conditions.
  • 33 U.S.C. 1414a - Special provisions regarding specific dumping sites.
  • 33 U.S.C. 1414b - Ocean dumping of sewage sludge and industrial waste.
  • 33 U.S.C. 1414c - Prohibition on disposal of sewage sludge at landfills on Staten Island.
  • 33 U.S.C. 1415 - Penalties.
  • 33 U.S.C. 1416 - Relationship to other laws.
  • 33 U.S.C. 1417 - Enforcement.
  • 33 U.S.C. 1418 - Regulations.
  • 33 U.S.C. 1419 - International cooperation.
  • 33 U.S.C. 1420 - Authorization of appropriations.

What are the Penalties?

The penalties for ocean dumping can be severe, encompassing civil penalties, criminal penalties, or both, as defined under 33 U.S.C. 1415.

Civil Penalties

If you are found guilty of violating ocean dumping regulations, you can be assessed civil penalties of up to $125,000 for each violation. Each day of a continuing violation constitutes a separate offense, which can cause these fines to add up substantially.

Criminal Penalties

In addition to (or instead of) the civil penalties above, if you're charged criminally under 33 U.S.C. 1411 and are convicted, you could face the following:

  • Criminal fines up to $250,000.
  • A prison sentence of up to five years and
  • Forfeiture of any property used in the commission of the crime (e.g., a boat) or any proceeds you received from committing the crime (e.g., being paid to dump the material).

What are the Common Defenses?

Facing an ocean dumping charge can be daunting, but an experienced federal criminal defense attorney can implement several common defenses depending on the case's specifics. These include, but are not limited to:

  • Valid Permit: A strong defense can be demonstrating that you possessed a valid permit for the transportation or dumping of the material. Documentation and evidence of the permit must be presented to counter the prosecution's claims.
  • Lack of Knowledge: Demonstrating that you were unaware that your actions constituted illegal dumping can be a viable defense. This requires proving that there was no intent to violate the law. (For example, you might have been unaware of the law prohibiting the dumping of materials.
  • Lack of Intent: Proving that the dumping was unintentional or accidental can mitigate culpability. This defense might be applicable if the act was due to unforeseen circumstances or an emergency.

For additional information, contact our federal criminal defense law firm, Eisner Gorin LLP, which has offices in Los Angeles, CA.

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