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92D CONGRESS 1ST SESSION

H. R. 3662

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 4, 1971

Mr. ROGERS (for himself, Mr. DINGELL, Mr. PELLY, Mr. MCCLOSKEY, Mr. KEITH, Mr. Moss, and Mr. CONTE) introduced the following bill; which was referred to the Committee on Merchant Marine and Fisheries

A BILL

To amend the Fish and Wildlife Coordination Act in order to protect marine environment by regulating the dumping of wastes in the coastal and ocean waters of the United States.

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Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That the Fish and Wildlife Coordination Act (16 U.S.C.

4 661 et seq.) is amended by inserting immediately following 5 section 5A thereof the following new section:

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"SEC. 5B. (a) No person may dump waste material

7 into the ocean waters of the United States, or transport such

8 material through such waters, unless he has first obtained a

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1 permit from the Administrator of the Environmental Protec

2 tion Agency (hereafter referred to in this section as the 'Ad

3

ministrator') authorizing such dumping.

4 “(b) (1) Except as provided in paragraph (4) of this 5 subsection, the Administrator may issue a permit to any 6 person authorizing such person to dump waste material into

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ocean waters of the United States if the Administrator finds 8 that such dumping will not damage the ecology of the marine 9 environment. In making such finding, the Administrator 10 shall take into account such factors as he deems appropriate, 11 including the following:

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“(A) The need for the proposed dumping.

"(B) The effect of such dumping on human health

and welfare, including economic, esthetic, and recreational values.

"(C) The effect of such dumping on fisheries re

sources.

"(D) The effect of such dumping on marine eco

systems, particularly with respect to—

"(i) the transfer, concentration, and dispersion of such material and its byproducts through biologi

cal, physical, and chemical pathways,

"(ii) potential changes in marine ecosystems diversity and stability, and

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"(iii) species and community population

dynamics.

"(E) The persistence and permanence of the effects

of the dumping.

"(F) The effect of dumping of particular volumes

and concentrations of such materials.

"(G) Appropriate locations and methods of dis

posal, including land-based alternatives.

"(2) The Administrator may establish and issue various

10 categories of permits, including general permits for the dis11 charge of any class of waste material which he determines 12 will have a de minimis impact.

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"(3) Each permit issued under the authority of this

14 section shall specify—

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"(A) the type and amount of waste material authorized to be dumped;

"(B) the location at which such dumping is permitted;

"(C) the length of time for which the permit is

valid and its expiration date;

"(D) any special provisions deemed necessary by

the Administrator for the monitoring and surveillance of the dumping; and

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cal, phyéral, and chemical pathwaTS,

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“C) potential changes in marine ecosystems

rty and stability, and

1

“(iii)

3

species and community population

2

3

4

5

6

8

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11

dynamics.

"(E) The persistence and permanence of the effects

of the dumping.

"(F) The effect of dumping of particular volumes

and concentrations of such materials.

"(G) Appropriate locations and methods of disposal, including land-based alternatives.

"(2) The Administrator may establish and issue various categories of permits, including general permits for the dis

charge of any class of waste material which he determines 12 will have a de minimis impact.

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(3) Each permit issued under the authority of this

14 section shall specify

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"(A) the type and amount of waste material authorized to be dumped;

"(B) the location at which such dumping is permitted;

"(C) the length of time for which the permit is

valid and its expiration date;

"(D) any special provisions deemed necessary by

the Administrator for the monitoring and surveillance of the dumping; and

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