sions of this section shall be liable to a fine of not more than $500 nor less than $100. June 29, 1888, c. 496, § 3, 25 Stat. 209; Aug. 18, 1894, c. 299, § 3, 28 Stat. 360; May 28, 1908, c. 212, § 8, 35 Stat. 426. $449. Disposition of dredged matter; persons liable; penalty All mud, dirt, sand, dredgings, and material of every kind and description whatever taken, dredged, or excavated from any slip, basin, or shoal in any harbor subject to sections 441 to 451b of this title, and placed on any boat, scow, or vessel for the purpose of being taken or towed upon the waters of that harbor to a place of deposit, shall be deposited and discharged at such place or within such limits as shall be defined and specified by the supervisor of the harbor, as in section 443 of this title prescribed, and not otherwise. Every person, firm, or corporation being the owner of any slip, basin, or shoal, from which such mud, dirt, sand, dredgings, and material shall be taken, dredged, or excavated, and every person, firm, or corporation in any manner engaged in the work of dredging or excavating any such slip, basin, or shoal, or of removing such mud, dirt, sand, or dredgings therefrom, shall severally be responsible for the deposit and discharge of all such mud, dirt, sand, or dredgings at such place or within such limits so defined and prescribed by said supervisor of the harbor; and for every violation of the provisions of this section the person offending shall be guilty of an offense, and shall be punished by a fine equal to the sum of $5 for every cubic yard of mud, dirt, sand, dredgings, or material not deposited or discharged as required by this section. June 29, 1888, c. 496, § 4, 25 Stat. 210; Aug. 28, 1958, Pub.L. 85-802, § 1(5), 72 Stat. 970. §450. Liability of vessel Any boat or vessel used or employed in violating any provision of sections 441 to 451b of this title, shall be liable to the pecuniary penalties imposed thereby, and may be proceeded against, summarily by way of libel in any district court of the United States having jurisdiction thereof. June 29, 1888, c. 496, § 4, 25 Stat. 210. $451. Supervisor of harbor; appointment and duties An officer of the Corps of Engineers shall, for each harbor subject to sections 441 to 451b of this title, be designated by the Secretary of the Army as supervisor of the harbor, to act under the direction of the Chief of Engineers in enforcing the provisions of sec tions 441 to 451b of this title, and in detecting offenders against the same. Each such officer shall have personal charge and supervision under the Chief of Engineers, and shall direct the patrol boats and other means to detect and bring to punishment offenders against the provisions of said sections. June 29, 1888, c. 496, § 5, 25 Stat. 210; June 29, 1949, c. 278, 63 Stat. 300; July 12, 1952, c. 707, 66 Stat. 596; Aug. 28, 1958, Pub.L. 85-802, § 1(6), 72 Stat. 970. $451a. Harbors subject to sections 441 to 451b of this title The following harbors shall be subject to sections 441 to 451b of this title: (1) The harbor of New York. (2) The harbor of Hampton Roads. (3) The harbor of Baltimore. June 29, 1888, c. 496, § 6, 25 Stat. 210; Aug. 28, 1958, Pub.L. 85-802, § 1(7), 72 Stat. 970. §451b. Same; waters included For the purposes of sections 441 to 451b of this title (1) The term "harbor of New York" means the tidal waters of the harbor of New York, its adjacent and tributary waters, and those of Long Island Sound. (2) The term "harbor of Hampton Roads" means the tidal waters of the harbors of Norfolk, Portsmouth, Newport News, Hampton Roads, and their adjacent and tributary waters, so much of the Chesapeake Bay and its tributaries as lies within the State of Virginia, and so much of the Atlantic Ocean and its tributaries as lies within the jurisdiction of the United States within or to the east of the State of Virginia. (3) The term "harbor of Baltimore" means the tidal waters of the harbor of Baltimore and its adjacent and tributary waters, and so much of Chesapeake Bay and its tributaries as lie within the State of Maryland. June 29, 1888, c. 496, § 7, as added Aug. 28, 1958, Pub.L. 85-802, § 1(8), 72 Stat. 970. 1.30a NEW YORK HARBOR ACT OF 1888 June 29, 1888, P.L. 50-496, 25 Stat. 209 CHAP. 496.-An act to prevent obstructive and injurious deposits within the harbor and adjacent waters of New York City, by dumping or otherwise, and to punish and prevent such offenses. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That 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 tidal waters of the harbor of New York, or its adjacent or tributary waters, or in those of Long Island Sound, within the limits which shall be prescribed by the supervisor of the harbor, is hereby 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 two hundred and fifty dollars nor more than two thousand five hundred dollars, 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. SEC. 2. That any and every master and engineer, or person or persons acting in such capacity, respectively, on board of any boat or vessel, who shall knowingly engage in towing any scow, boat, or vessel loaded with any such prohibited matter to any point or place of deposit, or discharge in the waters of the harbor of New York, or in its adjacent, or tributary waters, or in those of Long Island Sound, or to any point or place elsewhere than within the limits defined and permitted by the supervisor of the harbor hereinafter mentioned, shall be deemed guilty of a violation of this act, and shall, upon conviction, be punishable as hereinbefore provided for offenses in violation of section one of this act, and shall also have his license revoked or suspended for a term to be fixed by the judge before whom tried and convicted. SEC. 3. That in all cases of receiving on board of any scows or boats such forbidden matter or substance as herein described, it shall be the duty of the owner or master, or person acting in such capacity, on board of such scows or boats, before proceeding to take or tow the same to the place of deposit, to apply for and obtain from the supervisor of the harbor appointed hereunder a permit defining the precise limits within which the discharge of such scows or boats may be made; and any deviation from such dumping or discharging place specified in such permit shall be a misdemeanor within the meaning of this act; and the master and engineer, or person or persons acting in such capacity, on board of any tow-boat towing such scows or boats, shall be equally guilty of such offense with the master or person acting in the capacity of master of the scow, and be liable to equal punishment. SEC. 4. That all mud, dirt, sand, dredgings, and material of every kind and description whatever taken, dredged, or excavated from any slip, basin, or shoal in the harbor of New York, or the waters adjacent or tributary thereto, and placed on any boat, scow, or vessel for the purpose of being taken or towed upon the waters of the harbor of New York to a place of deposit, shall be deposited and discharged at such place or within such limits as shall be defined and specified by the supervisor of the harbor, as in the third section of this act prescribed, and not otherwise. Every person, firm, or corporation being the owner of any slip, basin, or shoal, from which such mud, dirt, sand, dredgings, and material shall be taken, dredged, or excavated, and every person, firm, or corporation in any manner engaged in the work of dredging or excavating any such slip, basin, or shoal, or of removing such mud, dirt, sand, or dredgings therefrom, shall severally be responsible for the deposit and discharge of all such mud, dirt, sand, or dredgings at such place or within such limits so defined and prescribed by said supervisor of the harbor; and for every violation of the provisions of this section the person offending shall be guilty of an offense against this act, and shall be punished by a fine equal to the sum of five dollars for every cubic yard of mud, dirt, sand, dredgings, or material not deposited or discharged as required by this section. Any boat or vessel used or employed in violating any provision of this act, shall be liable to the pecuniary penalties imposed thereby, and may be proceeded against, summarily by way of libel in any district court of the United States, having jurisdiction thereof. SEC. 5. That a line officer of the Navy shall be designated by the President of the United States as supervisor of the harbor, to act under the direction of the Secretary of War in enforcing the provisions of this act, and in detecting offenders against the same. This officer shall receive the sea-pay of his grade, and shall have personal charge and supervision under the Secretary of War, and shall direct the patrol boats and other means to detect and bring to punishment offenders against the provisions of this act. SEC. 6. That the sum of thirty thousand dollars or so much thereof as may be necessary, is hereby appropriated to carry out the provisions of this act; and the Secretary of the Treasury is hereby author ized to pay that sum from moneys in the Treasury not otherwise appropriated. Approved, June 29, 1888. 1.30a(1) SENATE COMMITTEE ON COMMERCE IN THE SENATE OF THE UNITED STATES. FEBRUARY 9, 1888.-Ordered to be printed. Mr. DOLPH, from the Committee on Commerce, submitted the follow ing REPORT: [To accompany bill S. 27.] The Committee on Commerce, to whom was referred the bill (S. 27) to prevent the obstruction of navigable waters and to protect public works against trespass or injury, having had the same under consideration, respectfully report the same back favorably with amendments. The bill is substantially like one reported favorably from the Senate Committee on Commerce at the Forty-ninth Congress. It has been referred to the Secretary of War and meets with his approval, as will appear from the following letter: WAR DEPARTMENT, Washington City, December 29, 1887. SIR: I have the honor to acknowledge the receipt of a letter of the 15th instant from the clerk of your committee, inclosing, for such suggestions as may be deemed proper, Senate bill 27, Fiftieth Congress, first session, "to prevent the obstruction of navigable waters, and to protect public works against trespass or injury." In reply I beg to advise you that the Chief of Engineers reports that the bill is substantially in accord with the draft of a bill for the same purpose, submitted from his office to comply with the requirements of section 3 of the river and harbor act of August 14, 1876, and that it is believed that it will accomplish the purpose for which it is designed. A copy of Appendix W of the annual report of the Chief of Engineers for 1877, containing his letter in reference to the subject and the draft of the bill referred to, are inclosed. |