Shore Protection Act Law and Legal Definition

The Shore Protection Act (“Act”) is a U.S. federal legislation created pursuant to Title IV of the Ocean Dumping Ban Act of 1988. The Act prohibits the transportation of municipal or commercial waste within coastal waters by a vessel without a permit and number or other marking. This Act was enacted in 1988, and its provisions are found under 33 U.S.C. §2601 et seq.

The Secretary of Transportation is responsible for issuing permits required for the transportation of municipal or commercial waste within coastal waters. Permits are not valid beyond the renewable five-year terms. Such permits will terminate when the vessel is sold. The Act includes permit application procedure and the grounds on which a permit may be denied. The federal Department of Transportation has the discretion to deny permits. However, the permit most be denied if so requested by EPA.

The U.S. Environmental Protection Agency (EPA) in consultation with the U.S. Coast Guard, is responsible for developing regulations governing the loading, securing, offloading, and cleaning up of such wastes from waste sources, reception facilities, and vessels. These regulations aim to minimize deposit of waste into coastal waters during vessel loading, transport, and unloading, and to ensure that any deposited waste is reported and cleaned up