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Florida Solid and Hazardous Waste Regulation Handbook: Ocean Dumping Act (ODA)1
Michael T. Olexa, Aaron Leviten, and Kelly Samek2What Is the Ocean Dumping Act?
The Ocean Dumping Act regulates:
The purpose of the statute is to strictly limit ocean disposal of any material that would negatively affect:
- the dumping of materials into the United States territorial ocean waters.
- the transportation of materials for the purpose of dumping.
- human health.
- the marine environment.
- ecological systems.
- potential economic endeavors.
Who Enforces ODA?
EPA, in concert with the Secretary of the Army and the Secretary of the Coast Guard, is entrusted with the responsibility for setting specific guidelines for dumping and enforcing the guidelines.What Does ODA Regulate?
Anyone may dump certain types of wastes into the ocean with a permit from EPA. If the material is "dredged material", which is material excavated from navigable waters of the United States, you must obtain a permit from the Secretary of the Army to place the material in the ocean.What Activities Does ODA Prohibit?
As of December 31, 1991, ODA totally prohibits the dumping of sewage sludge or industrial waste into ocean waters. Sewage sludge is:
Industrial wastes are:
- solid.
- semi-solid.
- liquid waste from a municipal wastewater treatment plant.
The ODA also prohibits the dumping of:
- solid.
- semi-solid.
- liquid wastes generated by a manufacturing or processing plant.
- radiological, chemical, and biological warfare agents.
- high-level radioactive waste into the ocean.
What Are the Exceptions to ODA?
There are a few exceptions to the requirement that you must have a permit to dump waste in the ocean. Fish waste may be dumped into the ocean without a permit if the waste is not dumped in:
Also, a permit is not required for activities regulated under the Clean Water Act.
- harbors.
- enclosed coastal waters.
- where EPA has determined that dumping would endanger human health or harm the environment.
What Are the Penalties under ODA?
Penalties for violations, including:
Penalties for someone who knowingly violates ODA include:
- dumping without a permit.
- dumping materials, inconsistent with the specific limitations on your permit, are punishable by a $50,000 fine for each violation.
- imprisonment for up to 5 years.
- forfeiting any property derived directly or indirectly from the violation.
- forfeiting property intended to be used in the commission of the violation.
Acknowledgments
The authors are indebted to the personnel of both state and federal agencies who gave their time and advice in the preparation of this handbook. The authors are also indebted to the following University of Florida personnel for a review and critique of the first draft of this publication: Dr. Thomas Dean, Pesticide Education Specialist, and Dr. Norman Nesheim, Pesticide Information Coordinator. Special recognition is also due to Mr. Richard Budell of the Office of Agricultural Water Policy of the Florida Department of Agriculture and Consumer Services for providing funds for the development of this handbook.This handbook is designed to provide an accurate, current, and authoritative summary of the principal Florida laws that directly or indirectly relate to agriculture. It should provide a basic overview of the many rights and responsibilities farmers and farmland owners have under Florida laws. The reader is provided information about these rights and responsibilities and the appropriate contacts for more detailed information. However, the reader should be aware that because the laws, administrative rulings, and court decisions on which this publication is based are subject to constant revision, portions of this publication could become outdated at any time. Many details of cited laws are also left out due to space limitations.
This handbook is distributed with the understanding that the authors are not engaged in rendering legal or other professional advice and the information contained herein should not be regarded or relied upon as a substitute for professional advice. It is not all-inclusive in providing information to achieve compliance with laws and regulations governing the practice of agriculture. For these reasons, the use of these materials by any person constitutes an agreement to hold harmless the authors, UF/IFAS, the Agricultural Law Center, and the University of Florida for any liability claims, damages, or expenses that may be incurred by any person as a result of reference to or reliance upon the information contained in this publication.
Footnotes
1. This is EDIS document FE451, a publication of the Department of Food and Resource Economics, Florida Cooperative Extension Service, UF/IFAS, University of Florida, Gainesville, FL. Published December 2003. Please visit the EDIS website at http://edis.ifas.ufl.edu.2. Michael T. Olexa, Professor in the Department of Food and Resource Economics and Director of the Agricultural Law Center, Florida Cooperative Extension Service, UF/IFAS, University of Florida, Gainesville, FL, and Member of the Florida Bar and Chair of the Agricultural Law Committee of the Florida Bar; Aaron Leviten, Attorney in Orlando and guest lecturer on pesticide litigation at the University of Florida; and Kelly Samek, 2003 graduate of the Levin College of Law at the University of Florida.
The Institute of Food and Agricultural Sciences (IFAS) is an Equal Opportunity Institution authorized to provide research, educational information and other services only to individuals and institutions that function with non-discrimination with respect to race, creed, color, religion, age, disability, sex, sexual orientation, marital status, national origin, political opinions or affiliations. For more information on obtaining other extension publications, contact your county Cooperative Extension service.
U.S. Department of Agriculture, Cooperative Extension Service, University of Florida, IFAS, Florida A. & M. University Cooperative Extension Program, and Boards of County Commissioners Cooperating. Larry Arrington, Dean.
Copyright Information
This document is copyrighted by the University of Florida, Institute of Food and Agricultural Sciences (UF/IFAS) for the people of the State of Florida. UF/IFAS retains all rights under all conventions, but permits free reproduction by all agents and offices of the Cooperative Extension Service and the people of the State of Florida. Permission is granted to others to use these materials in part or in full for educational purposes, provided that full credit is given to the UF/IFAS, citing the publication, its source, and date of publication.