---
kind: "range"
citation: "33 U.S.C. §§ 443–448"
title: "33"
from: "443"
to: "448"
count: 6
release: "119-102"
url: "https://uscodex.org/usc/33/443..448"
---

# §443. Permit for dumping; penalty for taking or towing boat or scow without permit


In all cases of receiving on [board](/usc/33/467.md?p=2) of any scows or boats such forbidden matter or substance as described in [section 441 of this title](/usc/33/441.md), the owner or master, or person acting in such capacity on [board](/usc/33/467.md?p=2) of such scows or boats, before proceeding to take or tow the same to the place of deposit, shall apply for and obtain from the supervisor of the harbor appointed, as provided in [section 451 of this title](/usc/33/451.md), a permit defining the precise limits within which the discharge of such scows or boats may be made; and it shall not be lawful for the owner or master, or person acting in such capacity, of any tug or towboat to tow or move any scow or boat so loaded with such forbidden matter until such permit shall have been obtained; and every person violating the foregoing provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than $1,000 nor less than $500, and in addition thereto the master of any tug or towboat so offending shall have his license revoked or suspended for a term to be fixed by the judge before whom tried and convicted.


# §444. Dumping at other place than designated dumping grounds; penalty; person liable; excuses for deviation


Any deviation from such [dumping](/usc/33/1402.md?p=f) or discharging place specified in such permit shall be a misdemeanor, and the owner and master, or person acting in the capacity of master, of any scows or boats [dumping](/usc/33/1402.md?p=f) or discharging such forbidden matter in any place other than that specified in such permit shall be liable to punishment therefor as provided in [section 441 of this title](/usc/33/441.md); and the owner and master, or person acting in the capacity of master, of any tug or towboat towing such scows or boats shall be liable to equal punishment with the owner and master, or person acting in the capacity of master, of the scows or boats; and, further, every scowman or other employee on [board](/usc/33/467.md?p=2) of both scows and towboats shall be deemed to have knowledge of the place of [dumping](/usc/33/1402.md?p=f) specified in such permit, and the owners and masters, or persons acting in the capacity of masters, shall be liable to punishment, as aforesaid, for any unlawful [dumping](/usc/33/1402.md?p=f), within the meaning of this Act and this subchapter, which may be caused by the negligence or ignorance of such scowman or other employee; and, further, neither defect in machinery nor avoidable accidents to scows or towboats, nor unfavorable weather, nor improper handling or moving of scows or boats of any kind whatsoever shall operate to release the owners and master and employees of scows and towboats from the penalties mentioned in [section 441 of this title](/usc/33/441.md).


# §445. Equipment and marking of boats or scows


Every scow or boat engaged in the transportation of dredgings, earth, sand, mud, cellar dirt, garbage, or other offensive [material](/usc/33/1402.md?p=c) of any description shall have its name or number and owner’s name painted in letters and numbers at least fourteen inches long on both sides of the scow or boat; these names and numbers shall be kept distinctly legible at all times, and no scow or boat not so marked shall be used to transport or dump any such [material](/usc/33/1402.md?p=c). Each such scow or boat shall be equipped at all times with a life line or rope extending at least the length of and three feet above the deck thereof, such rope to be attached to the coaming thereof, also with a life preserver and a life buoy for each person on [board](/usc/33/467.md?p=2) thereof, also with anchor to weigh not less than two hundred and seventy-five pounds, and at least one hundred feet of cable attached thereto; a list of the names of all men employed on any such scow or boat shall be kept by the owner or master thereof and the said list shall be open to the inspection of all parties. Failure to comply with any of the foregoing provisions shall render the owner of such scow or boat liable upon conviction thereof to a penalty of not more than $500: Provided, That the requirements in regard to life line or rope contained in this section shall not apply to any scow or boat the deck outside the coaming or rail of which shall not exceed one foot in width: And provided further, That on any such scow or boat its name or number and owner’s name painted in letters and numbers, at least fourteen inches long on both ends of such scow or boat, shall be a compliance with the provisions of this section in regard to name, number, and owner’s name.


# §446. Inspectors; appointment, powers, and duties


Each supervisor of a harbor is authorized and directed to appoint inspectors and deputy inspectors, and for the purposes of enforcing this subchapter and the Act of August 18, 1894, entitled “An Act making appropriations for the [construction](/usc/33/426e.md?p=c), repair, and preservation of certain public works on rivers and harbors, and for other purposes” (28 Stat. 338), and of detecting and bringing to punishment offenders against the same, the said supervisor of the harbor, and the inspectors and deputy inspectors so appointed by him, shall have power and authority.

First. To arrest and take into custody, with or without process, any person or persons who may commit any of the acts or offenses prohibited by this subchapter, or who may violate any of the provisions of the same: Provided, That no person shall be arrested without process for any offense not committed in the presence of the supervisor or his inspectors or deputy inspectors, or either of them: And provided further, That whenever any such arrest is made the person or persons so arrested shall be brought forthwith before a magistrate judge, judge, or court of the United States for examination of the offenses alleged against him; and such magistrate judge, judge, or court shall proceed in respect thereto as authorized by law in case of crimes against the United States.

Second. To go on [board](/usc/33/467.md?p=2) of any scow or towboat engaged in unlawful [dumping](/usc/33/1402.md?p=f) of prohibited [material](/usc/33/1402.md?p=c), or in moving the same without a permit, as required in [sections 443 to 448](/usc/33/443..448.md) of this title, or otherwise violating [sections 443 to 448](/usc/33/443..448.md) of this title, and to seize and hold said boats until they are discharged by action of the magistrate judge, judge, or court of the United States before whom the offending persons are brought.

Third. To arrest and take into custody any witness or witnesses to such unlawful [dumping](/usc/33/1402.md?p=f) of prohibited [material](/usc/33/1402.md?p=c), the said witnesses to be released under proper bonds.

Fourth. To go on [board](/usc/33/467.md?p=2) of any towboat having in tow scows or boats loaded with such prohibited [material](/usc/33/1402.md?p=c), and accompany the same to the place of [dumping](/usc/33/1402.md?p=f), whenever such action appears to be necessary to secure compliance with the requirements of this subchapter and of the Act aforesaid.

Fifth. To enter gas and oil works and all other manufacturing works for the purpose of discovering the disposition made of sludge, acid, or other injurious [material](/usc/33/1402.md?p=c), whenever there is good reason to believe that such sludge, acid, or other injurious [material](/usc/33/1402.md?p=c) is allowed to run into tidal waters of the harbor in violation of [section 441 of this title](/usc/33/441.md).


# §447. Bribery of inspector; penalty


Every person who, directly or indirectly, gives any sum of money or other bribe, present, or reward, or makes any offer of the same to any inspector, deputy inspector, or other employee of the office of any supervisor of a harbor with intent to influence such inspector, deputy inspector, or other employee to permit or overlook any violation of the provisions of this subchapter, shall, on conviction thereof, be fined not less than $500 nor more than $1,000, and be imprisoned not less than six months nor more than one year.


# §448. Return of permit; penalty for failure to return


Every permit issued in accordance with the provisions of [sections 443 to 448](/usc/33/443..448.md) of this title, which may not be taken up by an inspector or deputy inspector, shall be returned within four days after issuance to the office of the supervisor of the harbor; such permit shall bear an indorsement by the master of the towboat, or the person acting in such capacity, stating whether the permit has been used, and, if so, the time and place of [dumping](/usc/33/1402.md?p=f). Any person violating the provisions of this section shall be liable to a fine of not more than $500 nor less than $100.