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"(E) such other provisions as the Administrator deems necessary to carry out the purposes of this section.

"(4) (A) The Administrator may not issue any permit authorizing the dumping of the following waste materials 5 in the ocean waters of the United States:

"(i) Radioactive wastes;

"(ii) Toxic industrial wastes; and

“(iii) Chemical and biological warfare materials.

“(B) After January 1, 1972, no permit shall be issued by the Administrator for the dumping of sewage or industrial

waste, unless such sewage or industrial waste has received

primary treatment in accordance with standards and regulations established by the Administrator.

"(C) After January 1, 1974, no permit shall be issued by the Administrator for the dumping of sewage or indus

trial waste, unless such sewage or industrial waste has

received primary and secondary treatment in accordance

with standards and regulations established by the Adminis

trator.

"(D) After January 1, 1976, no permit shall be issued

by the Administrator for the dumping of sewage or indus

trial waste, unless such sewage or industrial waste has

received primary, secondary, and tertiary treatment in accordance with standards and regulations established by the Administrator.

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"(5) The Administrator may suspend, revoke, revise,

or condition, partially or entirely, any permit issued by him 3 for the dumping of waste material if he finds that such dump4 ing cannot or will not be carried out in conformity with the 5 provisions of such permit.

6 "(6) The Administrator may, considering the factors 7 set forth in paragraph (1) of this subsection, designate 8 recommended sites for the dumping of materials.

9 "(c) The Secretary of the department in which the 10 Coast Guard is operating shall conduct surveillance and 11 other appropriate enforcement activities in order to prevent 12 violations of this section.

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"(d) (1) Whoever violates any provision of this sec14 tion, of any regulation promulgated under this section, or of 15 any permit issued under this section, shall be liable to a 16 civil penalty of not more than $50,000 for each violation, to 17 be assessed by the Administrator. No penalty shall be 18 assessed until the person charged shall have been given 19 notice and an opportunity for a public hearing on such 20 charge. In determining the amount of the penalty, or the 21 amount agreed upon in compromise, the gravity of the 22 violation and the demonstrated good faith of the person 23 charged in attempting to achieve rapid compliance after 24 notification of a violation shall be considered by the Admin25 istrator. Thereafter, upon failure of the offending party to

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1 pay the penalty, the Administrator may request the Attorney 2 General to commence an action in the appropriate district 3 court of the United States for such relief as may be appro

4 priate.

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"(2) In addition to any action which may be brought 6 under paragraph (1) of this subsection, whoever knowingly 7 violates any provision of this section, of any regulation 8 promulgated under this section, or of any permit issued 9 under this section, shall be fined not more than $50,000, or imprisoned for not more than one year, or both.

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"(3) For the purpose of imposing civil penalties and 12 criminal fines under this subsection, each day of a periodic 13 violation shall constitute a separate offense, and one-half of 14 the penalties and fines recovered shall be payable to the 15 informer who provides the information resulting in the 16 penalties or fines and who may sue for the same.

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"(4) The Attorney General or his delegate may bring 18 actions for equitable relief to redress violations of this sec19 tion, of any regulation promulgated under this section, or 20 of any permit issued under this section, and the district courts 21 of the United States shall have jurisdiction to grant such re22 lief as the equities of the case may require.

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"(5) A vessel, other than a vessel owned or bareboat 24 chartered by the United States, or other property used in a 25 violation shall be liable in rem for any civil penalty assessed

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1 and may be proceeded against in any district court of the 2 United States having jurisdiction thereof; except that no

3 vessel or other property shall be liable unless it shall appear 4 that the owner was at the time of the violation a consenting 5 party or privy thereto.

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(e) (1) On and after the effective date of this section,

any license, permit, or authorization issued by any officer or employee of the United States under the authority of any 9 other provision of law shall be terminated and be of no effect 10 whatsoever to the extent that such license, permit, or author11 ization authorizes any activity to which this section applies. 12 After such effective date, no license, permit, or authoriza13 tion shall be issued by any officer or employee of the United 14 States other than the Administrator which would authorize any activity to which this section or regulations issued here16 under apply.

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"(2) Nothing in this section shall be construed as abro18 gating or negating any existing responsibility or authority 19 contained in the Rivers and Harbors Act of 1899; except 20 that on and after the effective date of this section, any Federal 21 license or permit proposed to be issued under the authority of such Act of 1899 to conduct any activity otherwise regu23 lated by this section and the regulations issued hereunder,

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shall be conditioned upon certification by the Administrator

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1 that the activity proposed to be conducted is in conformity

2 with this section.

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(3) Before issuing any permit under this section, where 4 it appears to the Administrator that the disposition of the 5 waste material to be discharged may affect navigation in 6 the navigable waters of the United States or may create an 7 artificial island on the Outer Continental Shelf, the Admin8 istrator shall consult with the Secretary of the Army and no 9 permit shall be issued if the Secretary of the Army deter10 mines that navigation will be unreasonably impaired.

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"(f) Nothing in this section shall be construed as pre12 empting any State or subdivision thereof from imposing more 13 stringent requirements or liabilities regarding the discharge 14 of any waste material (1) having its origin in such State 15 or subdivision or (2) in any area where such State or sub16 division has competent jurisdiction.

"(g) As used in this section

"(1) The term 'waste material' means all solid and liquid products or byproducts of industrial processes (including tailings, sediment, and like materials resulting from marine mining or dredging activities), industrial waste acids, chemicals, sewage, sludge, garbage, dredge spoils, radioactive materials, construction and demolition debris, military ordnance, explosives, and any other form of discarded material or equipment.