Civil Enforcement

Section 101 - Prohibited Acts: Explains that, unless authorized by a permit, MPRSA generally prohibits (1) transportation of material from the U.S. for the purpose of ocean dumping (2) transportation of material from anywhere for the purpose of ocean dumping by U.S. agencies or U.S.-flagged vessels; and (3) dumping of material transported from outside the U.S. into the U.S. territorial sea or into contiguous zone (12 nautical miles from the base line) to the extent that it may affect the territorial sea or the territory of the United States.

Section 104B - Ocean dumping of sewage sludge and industrial waste: Makes it unlawful, after December 31, 1991, for any person to dump or transport for the purposes of dumping sewage sludge or industrial waste. Section 104B(g) provides authorities to enforce the sludge/industrial waste dumping prohibition, including authority to issue an order requiring the termination of the dumping or transport and the authority to seek civil judicial penalties for violations. Anyone who dumps industrial waste or sewage sludge may be subject to civil penalties based on a formula in section 104B(d), which provides for up to $600 per dry ton dumped or transported, plus an additional percentage depending upon when the dumping occurs.

The following two sections are provisions of the Act that relate to enforcement actions to be taken in the event that ther are violations of the statutory and regulatory requirements.

Section 105 - Penalties: Describes the penalties that may be assessed for MPRSA violations. EPA may assess an administrative civil penalty up to $50,000 against person who violates MPRSA, its regulations, or a MPRSA permit. There are higher penalties (up to $125,000) for dumping of medical waste. Each day of a continuing violation constitutes a separate offense. The Agency may also request that an action be brought for equitable relief to enjoin an imminent or continuing violation. Any person who knowingly violates MPRSA, its regulations, or a MPRSA permit may be subject to criminal penalties, including a fine, up to 5 years imprisonment, and forfeiture of property resulting from proceeds from the illegal activity or forfeiture of property used to commit or facilitate the illegal activity. Private persons may also bring an action to stop illegal ocean dumping (including dumping by the United States and any other governmental instrumentality or Agency to the extent permitted by the 11th amendment of the Constitution) and may be awarded litigation costs (including attorney and expert witness fees).

Section 107 - Enforcement: Describes the authority for EPA to work with other federal agencies to enforce MPRSA and sets forth certain surveillance and other enforcement activity. For example, the Coast Guard conducts surveillance and other appropriate enforcement activity to prevent unlawful transportation of material for dumping, or unlawful dumping and provides information of enforcement activities and evidentiary material to EPA and the Department of Justice. This section of the Act also authorizes delegation of permit application and evaluation responsibilities.

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