Page:United States Statutes at Large Volume 102 Part 5.djvu/150

 102 STAT. 4156

PUBLIC LAW 100-688—NOV. 18, 1988

if the owner or operator of the vessel has a record of a pattern of serious violations of— (1) this subtitle; (2) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); (3) the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.); (4) the Rivers and Harbors Appropriation Act of 1899 (33 U.S.C. 401 et seq.); or (5) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (e) PERMIT DECISION.—The Secretary, after consultation with the Administrator, shall issue or deny a vessel permit under this section within 30 days after receiving a complete application. On denying the issuance of the permit for a vessel the Secretary shall— (1) notify the applicant of the denial and the reasons for the denial; and (2) provide an opportunity for a hearing on the denial. (f) MAINTAINING PERMIT.—

(1) IN GENERAL.—The permit issued for a vessel under this title shall be maintained in a manner prescribed by the Secretary. (2) ENDORSEMENTS.—If a vessel is a documented vessel, the Secretary may endorse a permit on the vessel's certificate of documentation. (g) VESSEL INFORMATION SYSTEM.—The Secretary may include

information in a permit in the vessel information system maintained under chapter 125 of title 46, United States Code. 33 USC 2603.

SEC. 4103. WASTE HANDLING PRACTICES. (a) IN GENERAL.—

Records.

(1) LOADING.—The owner or operator of the waste source shall take all reasonable steps to assure that all municipal or commercial waste is loaded onto a vessel in a manner that assures that waste deposited in coastal waters is minimized. (2) SECURING.—The owner or operator of a vessel shall assure that all municipal or commercial waste loaded onto the vessel is secured by netting or other means to assure that waste will not be deposited into coastal waters during transport. (3) OFFLOADING.—The owner or operator of the receiving facility shall take all reasonable steps to assure that any municipal or commercial waste is offloaded from a vessel in a memner that assures that waste deposited into coastal waters is minimized. (4) CLEANING UP.—The owner or operator of any waste source or receiving facility shall provide adequate control measures to clean up any municipal or commercial waste which is deposited into coastal waters. (b) REGULATIONS.—The Administrator, in consultation with the Secretary of Transportation, shall prescribe regulations— (1) requiring that waste sources, receiving facilities, and vessels provide the means and facilities to assure that the waste will not be deposited into coastal waters during loading, offloading, and transport; (2) requiring, as appropriate, the submission and adoption by each responsible party of an operation and maintenance manual identif)ning procedures to be used to prevent, report.

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