[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3652 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 3652

 To amend the Marine Protection, Research, and Sanctuaries Act of 1972 
 to direct the Secretary of the Army to prohibit ocean dumping at the 
Historic Area Remediation Site, located east of Sandy Hook, New Jersey, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 2000

   Mr. Smith of New Jersey introduced the following bill; which was 
     referred to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To amend the Marine Protection, Research, and Sanctuaries Act of 1972 
 to direct the Secretary of the Army to prohibit ocean dumping at the 
Historic Area Remediation Site, located east of Sandy Hook, New Jersey, 
                        and for other purposes.

    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 ``Mud Dump Permanent Closure and 
Remediation Act of 2000''.

SEC. 2. PERMANENT DUMPING BAN AT HISTORIC AREA REMEDIATION SITE.

    Section 103 of the Marine Protection, Research, and Sanctuaries Act 
of 1972 (33 U.S.C. 1413) is amended by adding at the end the following:
    ``(f) Historic Area Remediation Site.--
            ``(1) Prohibition on ocean dumping.--Except as provided by 
        paragraph (2), after the date of enactment of this subsection, 
        dumping shall be prohibited at the Historic Area Remediation 
        Site (as defined in subsection (g)).
            ``(2) Permits for remediation.--After the date of issuance 
        of standards for remediation materials under subsection (g), 
        the Secretary may issue permits under this section authorizing 
        the transportation of dredged materials to the Historic Area 
        Remediation Site solely for the purpose of providing for 
        remediation of the site.
            ``(3) Remediation to be followed by permanent closure.--
        Upon satisfying the goal specified in subsection (g)(2)(B) at 
        the Historic Area Remediation Site, as determined by the 
        Administrator, the Secretary shall not issue any further 
        permits under this section authorizing the transportation of 
        dredged materials to the site for any purpose.
            ``(4) Existing permits.--A permit issued under this section 
        before the date of enactment of this subsection shall not be 
        effective to the extent that the permit authorizes dumping in 
        violation of this subsection.
            ``(5) Advance notice of permits.--At least 30 days before 
        issuing a permit under paragraph (2), the Secretary shall 
        provide written notice of the permit to the Governors of the 
        States of New York and New Jersey and to each Member of 
        Congress representing one of such States. This paragraph shall 
        not be construed to affect any notification requirement under 
        any other provision of law.''.

SEC. 3. STANDARDS FOR REMEDIATION MATERIALS.

    Section 103 of the Marine Protection, Research, and Sanctuaries Act 
of 1972 (33 U.S.C. 1413) is further amended by adding at the end the 
following:
    ``(g) Standards for Remediation Materials.--
            ``(1) Development of standards.--Not later than 90 days 
        after the date of enactment of this subsection, the 
        Administrator, in consultation with the Under Secretary for 
        Oceans and Atmosphere, shall develop and publish in the Federal 
        Register standards for evaluating dredged materials to be used 
        solely for remediation purposes at the Historic Area 
        Remediation Site.
            ``(2) Requirements for standards.--
                    ``(A) In general.--In developing standards under 
                paragraph (1), the Administrator shall ensure that the 
                materials used for remediation--
                            ``(i) contain significantly lower levels of 
                        contaminants (as referred to in section 227.6 
                        of title 40, Code of Federal Regulations), 
                        including polycyclic aromatic hydrocarbons and 
                        polyclorinated biphenyls, than exist at the 
                        Historic Area Remediation Site;
                            ``(ii) will significantly reduce 
                        contamination levels in biota and sediments at 
                        the Historic Area Remediation Site; and
                            ``(iii) will reduce both the number, 
                        extent, and magnitude of undesirable effects on 
                        marine life in and around the Historic Area 
                        Remediation Site, including through 
                        bioaccumulation.
                    ``(B) Goal.--The goal of the standards to be 
                developed under paragraph (1) shall be to reduce the 
                level of contamination at the Historic Area Remediation 
                Site to a level that reflects background ambient 
                contamination levels in the ocean.
            ``(3) Notice and comment.--The Administrator shall provide 
        notice and an opportunity for public comment before issuing 
        final standards under paragraph (1).
            ``(4) Definitions.--In this subsection, the following 
        definitions apply:
                    ``(A) Background ambient contamination levels.--The 
                term `background ambient contamination levels' means a 
                level of contamination that is substantially equivalent 
                to or less than--
                            ``(i) the levels of contamination in biota 
                        and sediments found occurring naturally in the 
                        ocean in areas that have never been impacted by 
                        ocean dumping; and
                            ``(ii) the levels of contamination found in 
                        the clean reference sediments used by the 
                        Environmental Protection Agency when testing 
                        and evaluating remediation materials to be 
                        deposited at the Historic Area Remediation 
                        Site.
                    ``(B) Clean reference sediments.--The term `clean 
                reference sediments' means a sediment, substantially 
                free of contaminants, that is as similar to the grain 
                size of the dredged material and the sediment at the 
                disposal site as practical, and reflects conditions 
                that would exist in the vicinity of the disposal site 
                had no dredged material disposal ever occurred, but had 
                all other influences on sediment taken place.
                    ``(C) Historic area remediation site.--The term 
                `Historic Area Remediation Site' means the dredged 
                material disposal area known by that name that is 
                located east of Sandy Hook, New Jersey, and described 
                in section 228.15(d)(6) of title 40, Code of Federal 
                Regulations (as in effect on July 1, 1999).''.
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