2

1 oceans, coastal, and other waters and to prevent or vigorous2 ly limit the dumping into the oceans, coastal, and other wa3 ters of any material which could adversely affect human 4 health, welfare, or amenities, or the marine environment, 5 ecological systems, or economic potentialities. To this end, 6 it is the purpose of this Act to regulate the transportation of 7 material from the United States for dumping into the oceans, 8 coastal, and other waters, and the dumping of material by any

9

person from any source if the dumping occurs in waters over 10 which the United States has jurisdiction.

SEC. 3. For the purposes of this Act the term

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13

(a) "Administrator" means the Administrator of the

14 Environmental Protection Agency.

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16

(b) "Oceans, coastal, and other waters" means oceans,

gulfs, bays, salt water lagoons, salt water harbors, other 17 coastal waters where the tide ebbs and flows, and the Great 18 Lakes.

19 (c) "Material" means matter of any kind or description, 20 including, but not limited to, dredge spoil, solid waste, gar

bage, sewage sludge, munitions, chemical, biological, and radiological warfare agents, radioactive materials, wrecked

or discarded equipment, rock, sand, cellar dirt, and industrial

waste: Provided, That it does not mean oil within the mean

ing of section 11 of the Federal Water Pollution Control Act

3

1 or sewage from vessels within the meaning of section 13 of

2 said Act.

3 (d) "United States" includes the several States, the Dis4 trict of Columbia, the Commonwealth of Puerto Rico, the 5 Canal Zone, the territories and possessions of the United 6 States and the Trust Territory of the Pacific Islands. 7 (e) "Person" means any private person or entity, any 8 cmployee, agent, department, agency, or instrumentality of 9 any State or local unit of government, or foreign government, 10 and, except as to the provisions of section 6, any employee, 11 agent, department, agency, or instrumentality of the Federal 12 Government.

13

(f) "Dumping" means a disposition of material: Pro14 vided, That it does not mean a disposition of any effluent. 15 from any outfall structure, or a routine discharge of effluent 16 incidental to the propulsion of vessels: And provided fur

17

18

ther, That it does not mean the intentional placement of

any device in the oceans, coastal, or other waters or on the 19 submerged land beneath such waters, for the purpose of

using such device there to produce an effect attributable

to other than its mere physical presence.

(g) "District Court of the United States" includes the

District Court of Guam, the District Court of the Virgin

Islands, the District Court of the Canal Zone, and in the

case of American Samoa and the Trust Territory of the

1

4

Pacific Islands, the District Court of the United States for

2 the District of Hawaii, which court shall have jurisdiction.

3 over actions arising therein.

4

5

PROHIBITED ACTS

SEC. 4. Except as such transportation or dumping or 6 both may be authorized in a permit issued by the Admin7 istrator:

8 (a) No person shall transport material from the United 9 States for the purpose of dumping it into the oceans, coastal, 10 and other waters, and

(b) No person shall dump material (1) in that part of the oceans, coastal, and other waters which is within the territorial jurisdiction of the United States, or, (2) in a zone contiguous to the territorial sea of the United States, ex

tending to a line twelve nautical miles seaward from the base line of the territorial sea as provided in Article 24 of the Convention on the Territorial Sea and the Contiguous Zone,

to the extent that it may affect the territorial sea or the terri

tory of the United States.

PERMITS

SEC. 5. (a) The Administrator may issue permits to

transport material for dumping into the oceans, coastal, and

other waters, or to dump material into the waters described

in subsection 4 (b), or both, where the applicant presents information respecting the proposed activity which in the

5

1 judgment of the Administrator indicates that such trans2 portation, or dumping, or both will not unreasonably de3 grade or unreasonably endanger human health, welfare, or 4 amenities, or the marine environment, ecological systems, or economic potentialities. The Administrator shall establish 6 and apply criteria for reviewing and evaluating such permit

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7

applications, and, in establishing or revising such criteria, 8 shall consider, but not be limited in his consideration to, the

9 following

(1) the likely impact of the proposed dumping on human health, welfare, and amenities, and on the marine environment, ecological systems, and economic po

tentialities, including an assessment of

(A) the possible persistence or permanence of the effects of the proposed dumping,

(B) the volume and concentration of materials involved, and

(C) the location proposed for the dumping. (2) alternative locations and methods of disposal, including land-based alternatives; the probable impact

of requiring the use of such locations or methods of dis

posal on considerations affecting the public interest; and

the probable impact of issuing or denying permits on

considerations affecting the public interest.

In establishing or revising such criteria, the Administrator

6

1 shall consult with the Secretaries of Commerce, Interior, 2 State, Defense, Agriculture, Health, Education, and Welfare, 3 and Transportation, the Atomic Energy Commission, and 4 other appropriate Federal, State, and local officials. With

5

respect to such criteria, as may affect the civil works pro

gram of the Department of the Army, the Administrator 7 shall also consult with the Secretary of the Army. In review

ing applications for permits, the Administrator shall make 9 such provision for consultation with interested Federal and 10 State agencies as he deems useful or necessary. No permit 11 shall be issued for a dumping of material which will violate applicable water quality standards.

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(b) (1) The Administrator may establish and issue 14 various categories of permits, including the general permits 15 described in subsection (e).

16

(2) The Administrator may require an applicant for 17 a permit under subsection (a) to provide such information 18 as the Administrator may consider necessary to review and 19 evaluate such an application.

20 (c) Permits issued under subsection (a) may desig21 nate and include (1) the type of material authorized to be 22 transported for dumping or to be dumped; (2) the amount 23 of material authorized to be transported for dumping or to 24 be dumped; (3) the location where such transport for 25 dumping will be terminated or where such dumping will