republic-os/legal/us/code/title-33/chapter-9/section-441.md

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LegalText	33 U.S.C. § 441	Deposit of refuse prohibited; penalty	us	united_states_code	code_section	33	NAVIGATION AND NAVIGABLE WATERS	9	PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY	441	33 U.S.C. § 441	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc33@119-100.zip	/us/usc/t33/s441	data/legal/raw/us/code/title-33/usc33.xml	3184f2f5a4583390bb104b78aaaa27a7ffc3b29804ae6ac8e2680e3341b614e3	de3d130b31eae77f8c0fc593f61b7287899297718d678d500eea123559828523	54cc8878a67c7b0f94cb806d3d3e4176e1fd451dfb397a5905f19d62e3075a4f	2026-07-04	official	legal us-code

33 U.S.C. § 441 - Deposit of refuse prohibited; penalty

Text

The placing, discharging, or depositing, by any process or in any manner, of refuse, dirt, ashes, cinders, mud, sand, dredgings, sludge, acid, or any other matter of any kind, other than that flowing from streets, sewers, and passing therefrom in a liquid state, in the waters of any harbor subject to this subchapter, within the limits which shall be prescribed by the supervisor of the harbor, is strictly forbidden, and every such act is made a misdemeanor, and every person engaged in or who shall aid, abet, authorize, or instigate a violation of this section, shall, upon conviction, be punishable by fine or imprisonment, or both, such fine to be not less than $250 nor more than $2,500, and the imprisonment to be not less than thirty days nor more than one year, either or both united, as the judge before whom conviction is obtained shall decide, one-half of said fine to be paid to the person or persons giving information which shall lead to conviction of this misdemeanor.

(June 29, 1888, ch. 496, § 1, 25 Stat. 209; Pub. L. 85–802, § 1(1), Aug. 28, 1958, 72 Stat. 970.)

Notes

Editorial Notes

Prior ProvisionsSection 1 of act June 29, 1888, superseded act Aug. 5, 1886, ch. 929, § 3, 24 Stat. 329, which provided that: “It shall not be lawful to cast, throw, empty, or unlade, or cause, suffer, or procure to be cast, thrown, emptied, or unladen, either from or out of any ship, vessel, lighter, barge, boat, or other craft, or from the shore, pier, wharf, or mills of any kind whatever, any ballast, stone, slate, gravel, earth, slack, rubbish, wreck, filth, slabs, edgings, sawdust, slag or cinders or other refuse or mill-waste of any kind, into New York Harbor: Provided, That nothing herein contained shall extend, or be construed to extend, to the casting out, unlading, or throwing out of any ship or vessel, lighter, barge, boat, or other craft, any stones, rocks, bricks, lime, or other materials used, or to be used, in or toward the building, repairing, or keeping in repair any quay, pier, wharf, weir, bridge, building, or other work lawfully erected or to be erected on the banks or sides of said harbor, or to the casting out, unloading or depositing of any material excavated for the improvement of navigable waters, into such places and in such manner as may be deemed by the United States officer supervising the improvement of said harbor most judicious and practicable and for the best interests of such improvement.”

Amendments1958—Pub. L. 85–802 substituted “waters of any harbor subject to this subchapter,” for “tidal waters of the harbor of New York, or its adjacent or tributary waters, or in those of long Island Sound,”.

Statutory Notes and Related Subsidiaries

Effective Date of 1958 AmendmentPub. L. 85–802, § 2, Aug. 28, 1958, 72 Stat. 971, provided that: “This Act [amending this section and sections 442, 446, 447, 449, 451, and 451a of this title and enacting section 451b of this title] shall take effect on the sixtieth day after the date of its enactment [Aug. 28, 1958].”