§ 1343. Ocean discharge criteria
(a)
Issuance of permits
No permit under section
1342 of this title for a discharge into the territorial sea, the waters of the contiguous zone, or the oceans shall be issued, after promulgation of guidelines established under subsection (c) of this section, except in compliance with such guidelines. Prior to the promulgation of such guidelines, a permit may be issued under such section
1342 of this title if the Administrator determines it to be in the public interest.
(b)
Waiver
The requirements of subsection (d) of section
1342 of this title may not be waived in the case of permits for discharges into the territorial sea.
(c)
Guidelines for determining degradation of waters
(1)
The Administrator shall, within one hundred and eighty days after October 18, 1972 (and from time to time thereafter), promulgate guidelines for determining the degradation of the waters of the territorial seas, the contiguous zone, and the oceans, which shall include:
(A)
the effect of disposal of pollutants on human health or welfare, including but not limited to plankton, fish, shellfish, wildlife, shorelines, and beaches;
(B)
the effect of disposal of pollutants on marine life including the transfer, concentration, and dispersal of pollutants or their byproducts through biological, physical, and chemical processes; changes in marine ecosystem diversity, productivity, and stability; and species and community population changes;
(E)
the effect of the disposal of varying rates, of particular volumes and concentrations of pollutants;
(2)
In any event where insufficient information exists on any proposed discharge to make a reasonable judgment on any of the guidelines established pursuant to this subsection no permit shall be issued under section
1342 of this title.