28 Stat. 338Each supervisor of a harbor is authorized and directed to appoint inspectors and deputy inspectors, and for the purposes of enforcing this subchapter and the Act of , entitled “An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes” (), and of detecting and bringing to punishment offenders against the same, the said supervisor of the harbor, and the inspectors and deputy inspectors so appointed by him, shall have power and authority.
ProvidedAnd provided furtherFirst. To arrest and take into custody, with or without process, any person or persons who may commit any of the acts or offenses prohibited by this subchapter, or who may violate any of the provisions of the same: , That no person shall be arrested without process for any offense not committed in the presence of the supervisor or his inspectors or deputy inspectors, or either of them: , That whenever any such arrest is made the person or persons so arrested shall be brought forthwith before a magistrate judge, judge, or court of the United States for examination of the offenses alleged against him; and such magistrate judge, judge, or court shall proceed in respect thereto as authorized by law in case of crimes against the United States.
Second. To go on board of any scow or towboat engaged in unlawful dumping of prohibited material, or in moving the same without a permit, as required in sections 443 to 448 of this title, or otherwise violating sections 443 to 448 of this title, and to seize and hold said boats until they are discharged by action of the magistrate judge, judge, or court of the United States before whom the offending persons are brought.
Third. To arrest and take into custody any witness or witnesses to such unlawful dumping of prohibited material, the said witnesses to be released under proper bonds.
Fourth. To go on board of any towboat having in tow scows or boats loaded with such prohibited material, and accompany the same to the place of dumping, whenever such action appears to be necessary to secure compliance with the requirements of this subchapter and of the Act aforesaid.
section 441 of this titleFifth. To enter gas and oil works and all other manufacturing works for the purpose of discovering the disposition made of sludge, acid, or other injurious material, whenever there is good reason to believe that such sludge, acid, or other injurious material is allowed to run into tidal waters of the harbor in violation of .
June 29, 1888, ch. 496, § 325 Stat. 209Aug. 18, 1894, ch. 299, § 328 Stat. 360May 28, 1908, ch. 212, § 835 Stat. 427Pub. L. 85–802, § 1(3)72 Stat. 970Pub. L. 90–578, title IV, § 402(b)(2)82 Stat. 1118Pub. L. 101–650, title III, § 321104 Stat. 5117(, ; , ; , ; , , ; , , ; , , .)
Editorial Notes
References in Text
act Aug. 18, 1894, ch. 29928 Stat. 356Act of , referred to in provision preceding First paragraph, and Act aforesaid, referred to in Fourth paragraph, mean , , which enacted sections 1, 31, and 452 of this title and amended sections 443 to 448 and 499 of this title. For complete classification of this Act to the Code, see Tables.
section 443 of this titleSections 443 to 448 of this title, referred to in the Second paragraph, were in the original “this section of this Act” meaning section 3 of act , which enacted sections 443 to 448 of this title. The provision of section 3 relating to issuance of permits is classified to .
Codification
section 443 of this titleSection was enacted as part of section 3 of act . Said section 3 of act , enacted sections 443 to 448 of this title. See Codification note set out under .
Amendments
Pub. L. 85–802section 451 of this title1958— substituted “Each supervisor of a harbor is authorized and directed to appoint inspectors and deputy inspectors, and, for the purposes of enforcing this subchapter” for “The supervisor of the harbor of New York, designated as provided in , is authorized and directed to appoint inspectors and deputy inspectors, and for the purpose of enforcing sections 1, 31, and this subchapter”.
Statutory Notes and Related Subsidiaries
Change of Name
section 321 of Pub. L. 101–650section 631 of Title 28Pub. L. 90–578“Magistrate judge” substituted in text for “magistrate” pursuant to , set out as a note under , Judiciary and Judicial Procedure. Previously, “magistrate” substituted for “commissioner” pursuant to . See chapter 43 (§ 631 et seq.) of Title 28.
Effective Date of 1958 Amendment
Pub. L. 85–802section 2 of Pub. L. 85–802section 441 of this titleAmendment by effective on sixtieth day after , see , set out as a note under .