§ 2602. Vessel permits and numbers

• (a) A vessel (except a public vessel as defined in section 2101 of title 46 ) may not transport municipal or commercial waste in coastal waters without—
  • (1) a permit for that vessel from the Secretary of Transportation; and
  • (2) displaying a number or other marking on the vessel as prescribed by the Secretary under chapter 123 or section 12502(b) of title 46 .
• (b) Application for a permit required by subsection (a) of this section shall be made by the vessel owner or operator and include—
  • (1) the name, address, and telephone number of the vessel owner and operator;
  • (2) the vessel’s name and identification number;
  • (3) the vessel’s area of operation;
  • (4) the vessel’s transport capacity;
  • (5) a history of the types of cargo transported by that vessel during the previous year, including identifying the type of municipal or commercial waste transported as—
    • (A) municipal waste;
    • (B) commercial waste;
    • (C) medical waste; or
    • (D) waste of another character.
  • (6) any other information the Secretary may require; and
  • (7) an acknowledgment.
• (c) A permit issued under this section—
  • (1) is effective 30 days after the date on which it was issued;
  • (2) may be issued only for a period of not more than 5 years after the effective date of the permit;
  • (3) may be renewed for periods of not more than 5 years only by the vessel owner or operator that applied for the original permit; and
  • (4) is terminated when the vessel is sold.
• (d) The Secretary may, or at the request of the Administrator shall, deny the issuance of a permit for any vessel if the owner or operator of the vessel has a record of a pattern of serious violations of—
  • (1) this subchapter;
  • (2) the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq.);
  • (3) the Marine Protection, Research, and Sanctuaries Act of 1972 [ 16 U.S.C. 1431 et seq., 1447 et seq.; 33 U.S.C. 1401 et seq., 2801 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) 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)
  • (1) The permit issued for a vessel under this chapter shall be maintained in a manner prescribed by the Secretary.
  • (2) If a vessel is a documented vessel, the Secretary may endorse a permit on the vessel’s certificate of documentation.
• (g) The Secretary may include information in a permit in the vessel information system maintained under chapter 125 of title 46.