[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4034 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 4034

 To terminate ocean dumping at the Mud Dump Site off the coast of New 
                                Jersey.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 5, 1996

Mr. Saxton (for himself, Mr. Gilchrest, Mr. LoBiondo, and Mr. Smith of 
 New Jersey) introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To terminate ocean dumping at the Mud Dump Site off the coast of New 
                                Jersey.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ocean Dumping Termination Act of 
1996''.

SEC. 2. TERMINATION OF OCEAN DUMPING AT THE MUD DUMP SITE OFF THE COAST 
              OF NEW JERSEY.

    (a) Immediate Termination for Category II Dredged Material.--
Notwithstanding any provision of title I of the Marine Protection, 
Research, and Sanctuaries Act of 1972 (33 U.S.C. 1411 et seq.), any 
permit issued under that title, or any other Federal law or permit, on 
and after the date of the enactment of this Act--
            (1) no person shall dump Category II dredged material into 
        ocean waters at the Mud Dump Site or transport category II 
        dredged material for the purposes of dumping it at the Mud Dump 
        Site; and
            (2) any provision of a Federal permit authorizing such 
        dumping or transport shall have no force or effect.
    (b) Termination for All Material.--Notwithstanding any provision of 
title I of the Marine Protection, Research, and Sanctuaries Act of 1972 
(33 U.S.C. 1411 et seq.), any permit issued under that title, or any 
other Federal law or permit, on and after March 1, 1997--
            (1) no person shall dump any material into ocean waters at 
        the Mud Dump Site or transport any material for the purposes of 
        dumping it at the Mud Dump Site; and
            (2) any provision of a Federal permit authorizing such 
        dumping or transport shall have no force or effect.
    (c) No Application to Certain Mitigation Dumping.--Subsections (a) 
and (b) shall not apply to dumping or transport of Category I dredged 
material for purposes of capping or other actions otherwise authorized 
under Federal law to mitigate the effects of dumping of dredged 
material at the Mud Dump Site.
    (d) Violations.--Any violation of subsection (a)(1) or (b)(1) shall 
be treated as a violation of title I of the Marine Protection, 
Research, and Sanctuaries Act of 1972 (33 U.S.C. 1411 et seq.).
    (e) Definitions.--In this section:
            (1) Terms defined in marine protection, research, and 
        sanctuaries act of 1972.--Any term that is defined in section 3 
        of the Marine Protection, Research, and Sanctuaries Act of 1972 
        (33 U.S.C. 1402) has the meaning given the term in that 
        section.
            (2) Category i and category ii dredged material.--Each of 
        the terms ``Category I dredged material'' and ``Category II 
        dredged material'', respectively, means such material as 
        determined under guidance issued in 1992 by the United States 
        Army Corps of Engineers New York District and the Environmental 
        Protection Agency Region II for performing tests on dredged 
        material proposed for ocean dumping.
            (3) Mud dump site.--The term ``Mud Dump Site'' means the 
        New York Bight Dredged Material Disposal Site (Mud Dump) 
        designated by part 228.15(d)(6) of title 40, Code of Federal 
        Regulations.
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