Page:United States Statutes at Large Volume 102 Part 5.djvu/147

 PUBLIC LAW 100-688—NOV. 18, 1988

102 STAT. 4153

weighted to prevent the waste from coming eishore after disposal; and (B) in the case of a public vessel which is a submersible, the waste is properly packaged and sufficiently weighted to prevent the waste from coming ashore after disposal. SEC. 3105. GUIDANCE.

Not later than 3 months after the date of the enactment of this Act, the Secretary of Defense and the head of each affected agency, in consultation with the Administrator of the Environmental Protection Agency, shall each issue guidance for public vessels under the jurisdiction of their agency regarding implementation of section 3104.

Subtitle B—Dumping by Vessels SEC. 3201. AMENDMENTS TO MARINE PROTECTION. RESEARCH, AND SANCTUARIES ACT OF 1972.

(a) DEFINITION.—Section 3 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1402) is amended— (1) by redesignating subsection (k) and (1), and any reference thereto, as suteections (1) and (m), respectively; and (2) by inserting after subsection (j) the following: "(k) 'Medical waste' means isolation wastes; infectious agents; human blood and blood products; pathological wastes; sharps; body parts; contaminated bedding; surgical wastes and potentially contaminated laboratory wastes; dialysis wastes; and such additional medical items as the Administrator shall prescribe by regulation.". db) PROHIBITION.—Subsection (a) of section 102 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1412(a)) is amended in the first sentence— (1) by striking "biol<^cal warfare agents and" and inserting "biol(^cal warfare agents,"; and (2) by inserting "and medical waste," after "radioactive waste,". (c) CIVIL PENALTIES.—Section 105(a) of the Marine Protection,

Research, and Sanctuaries Act of 1972 (33 U.S.C. 1415(a)) is amended by inserting after the first sentence the following: "In addition, any person who violates this title or any r ^ u l a t i o n issued under this title by engaging in activity involving the dumping of medical waste shall be Uable for a civil penalty of not more than $125,000 for each violation, to be assessed by the Administrator after written notice and an opportunity for a hearing.". (d) CRIMINAL PENALTIES AND FORFEITURES.—Section 105(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1415(b)) is amended— (1) by inserting "(1)" before "In addition"; and (2) by adding at the end the following: "(2) In addition to any action which may be brought under subsection (a), any person— "(A) who knowingly violates any provision of this title by engs^ing in activity involving the dumping into ocean waters of medical waste shall upon conviction be fined not more than $250,000, or imprisoned for not more than 5 years, or both; and

33 USC 2504.

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