I

103D CONGRESS

1ST SESSION H. R. 2651

To amend the Federal Water Pollution Control Act to provide for confined

spoil disposal facilities, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 15, 1993

Mr. OBERSTAR introduced the following bill; which was referred to the

Committee on Public Works and Transportation

A BILL

To amend the Federal Water Pollution Control Act to provide for confined spoil disposal facilities, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Great Lakes Sediment

5 Management and Reduction Act of 1993’’.

6 SEC. 2. SEDIMENT MANAGEMENT.

7 Section 118 of the Federal Water Pollution Control

8 Act (33 U.S.C. 1268) is amended—

9 (1) by redesignating subsections (d) through (h)

10 as subsections (f) through (j), respectively; and
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1 (2) by inserting after subsection (c) the follow2 ing new subsection:

3 ‘‘(d) SEDIMENT MANAGEMENT.—

4 ‘‘(1) IN GENERAL.—After December 31, 1994,

5 it shall be unlawful to dump or otherwise dispose of

6 dredge spoil at any location in the waters of the

7 Great Lakes, other than at a confined spoil disposal

8 facility, unless—

9 ‘‘(A) the Administrator has concurred in

10 writing with the decision of the Secretary of the

11 Army (referred to in this subsection as the

12 ‘Secretary’) to allow the disposal (either with or

13 without conditions), if the concurrence is based

14 on a determination that the proposed disposal is

15 consistent with the guidelines developed pursu16 ant to paragraph (2); or

17 ‘‘(B) 45 days (or 90 days, in a case in

18 which the Administrator has requested an ex19 tension from the Secretary in writing) have

20 elapsed since the date on which the Adminis21 trator received from the Secretary all material

22 necessary to evaluate the proposed disposal,

23 and—

24 ‘‘(i) the Administrator has not issued

25 an opinion regarding the project; and
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1 ‘‘(ii) the Secretary has found that the

2 disposal is consistent with the guidelines

3 developed pursuant to paragraph (2).

4 ‘‘(2) GUIDELINES FOR DISPOSAL OF SEDIMENT

5 MATERIAL.—

6 ‘‘(A) DEVELOPMENT OF GUIDELINES.—

7 Not later than December 31, 1994, the Admin8 istrator shall, after notice and opportunity for

9 public comment, and in consultation with the

10 Secretary and the Director of the Fish and

11 Wildlife Service, develop guidelines for the dis12 posal of sediment material in the open waters

13 of the Great Lakes.

14 ‘‘(B) REQUIREMENTS.—The guidelines

15 shall ensure that the disposal of sediment mate16 rial will be managed and disposed of in a man17 ner that will—

18 ‘‘(i) not degrade the aquatic and ter19 restrial environment, including the chemi20 cal, physical, and biological characteristics

21 of the substrate;

22 ‘‘(ii) not endanger human health or

23 welfare;

24 ‘‘(iii) be consistent with any approved

25 coastal zone management plan for the
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1 State or States bordering the lake in which

2 the disposal occurs;

3 ‘‘(iv) protect municipal and private

4 water supply intake zones;

5 ‘‘(v) protect recognized commercial or

6 recreational fishing grounds and the

7 spawning, nursery, food supply, or migra8 tion areas on which fish are dependent;

9 ‘‘(vi) protect against excessive

10 resuspension or the spread of material to

11 areas outside the disposal area;

12 ‘‘(vii) ensure the protection and prop13 agation of a balanced, indigenous popu14 lation of fish, shellfish, and wildlife in the

15 area; and

16 ‘‘(vi) not cause a violation of any

17 water or sediment quality standard adopt18 ed pursuant to this Act.

19 ‘‘(C) REUSE AND DISPOSAL METHODS.—

20 The guidelines developed pursuant to this para21 graph shall take into consideration the environ22 mental impacts and benefits of alternative reuse

23 and disposal methods.

24 ‘‘(D) REVISIONS.—After providing notice

25 and opportunity for public comment, the Ad-
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1 ministrator shall, as appropriate, revise the

2 guidelines to incorporate any Federal or State

3 guideline, criterion, or restriction related to

4 sediment disposal in the Great Lakes that takes

5 effect after the date of development of the ini6 tial guidelines.

7 ‘‘(3) ENFORCEMENT.—

8 ‘‘(A) PENALTIES.—Any person found to be

9 in violation of this subsection shall be subject

10 to—

11 ‘‘(i) a civil penalty in an amount not

12 to exceed the amount provided under sec13 tion 309(d) with respect to a civil penalty

14 assessed by a court; or

15 ‘‘(ii) an amount provided under sec16 tion 309(g) with respect to a civil penalty

17 assessed by the Administrator.

18 ‘‘(B) ASSESSMENT.—The assessment of a

19 civil penalty under this paragraph shall be con20 ducted in the same manner as is provided for

21 the assessment of a civil penalty under section

22 309.

23 ‘‘(4) ESTABLISHMENT OF CONFINED SPOIL DIS24 POSAL FACILITIES.—The Secretary may not estab25 lish, expand, or substantially modify any confined
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1 spoil disposal facility in the waters of the Great

2 Lakes unless—

3 ‘‘(A) the Administrator has concurred in

4 writing with the decision of the Secretary to es5 tablish, expand, or modify the facility, and the

6 concurrence is based on—

7 ‘‘(i) a consideration of the environ8 mental and economic benefits of using a

9 confined spoil disposal facility to remove

10 contaminated sediment from the aquatic

11 habitat;

12 ‘‘(ii) a consideration of the potential

13 effects of the project on pollutant and sedi14 ment transport; and

15 ‘‘(iii) a determination that the facility

16 is consistent with the guidelines established

17 pursuant to paragraph (2); or

18 ‘‘(B) 45 days (or 90 days, in a case in

19 which the Administrator has requested an ex20 tension from the Secretary in writing) have

21 elapsed since the date on which the Adminis22 trator received from the Secretary all material

23 necessary to evaluate the proposed facility,

24 and—
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1 ‘‘(i) the Administrator has not issued

2 an opinion regarding the proposed facility;

3 and

4 ‘‘(ii) the Secretary has—

5 ‘‘(I) provided an opportunity for

6 public review and comment; and

7 ‘‘(II) determined that the facility

8 is consistent with the guidelines estab9 lished pursuant to paragraph (2).

10 ‘‘(5) EVALUATION AND IDENTIFICATION OF FA11 CILITIES.—

12 ‘‘(A) EVALUATION.—Not later than De13 cember 31, 1994, the Administrator shall, with

14 respect to each confined spoil disposal facility

15 located in the waters of the Great Lakes, evalu16 ate the existing and projected integrity of the

17 facility.

18 ‘‘(B) IDENTIFICATION.—Not later than

19 December 31, 1994, the Administrator, in con20 sultation with the Secretary, shall identify each

21 confined spoil disposal facility located in the

22 waters of the Great Lakes that is at risk of

23 causing an exceedance of water or sediment

24 quality standards or interfere with the protec-
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1 tion and propagation of a balanced, indigenous

2 population of fish, shellfish, and wildlife.

3 ‘‘(6) MANAGEMENT PLANS.—

4 ‘‘(A) IN GENERAL.—Not later than Octo5 ber 1, 1994, the Administrator, in cooperation

6 with the Secretary and the Director of the Fish

7 and Wildlife Service, an appropriate official of

8 each host State, and local sponsors shall de9 velop and implement a management plan for

10 each confined spoil disposal facility located in

11 the waters of the Great Lakes.

12 ‘‘(B) PUBLIC COMMENT.—In developing a

13 plan, the Administrator shall provide an oppor14 tunity for public comment on the scope and

15 content of the plan.

16 ‘‘(C) REQUIREMENTS.—Each plan shall in17 clude—

18 ‘‘(i) a baseline assessment of condi19 tions at the site;

20 ‘‘(ii) a program for monitoring the

21 site;

22 ‘‘(iii) special management conditions

23 or practices that are necessary for the pro24 tection of human health, wildlife, and the

25 environment;
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1 ‘‘(iv) a consideration of the quantity

2 of material to be disposed of at the site,

3 and the presence, nature, and

4 bioavailability of contaminants in the ma5 terial;

6 ‘‘(v) a program for reducing to a min7 imum the volume and toxicity of sediment

8 disposed of at the site;

9 ‘‘(vi) a schedule of the anticipated use

10 of the site over the long term, including

11 the anticipated closure date for the site, if

12 applicable, and any post-closure manage13 ment of the site that will be implemented

14 pursuant to clause (iii);

15 ‘‘(vii) any restrictions on public access

16 or access by wildlife to confined spoil dis17 posal facilities that are necessary for envi18 ronmental, safety, and health reasons;

19 ‘‘(viii) a schedule for the review and

20 revision of the plan, that shall include pro21 visions for review and revision not later

22 than 5 years after the date of adoption of

23 the plan, and every 5 years thereafter; and

24 ‘‘(ix) an allocation of the costs of im25 plementing the plan, including the share of
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1 the Environmental Protection Agency, the

2 Department of the Army, each host State,

3 local sponsors, and any other party that

4 the Administrator, in cooperation the offi5 cials and entities referred to in subpara6 graph (A), determines appropriate.

7 ‘‘(7) REMEDIATION PLANS.—

8 ‘‘(A) IN GENERAL.—Not later than De9 cember 31, 1996, the Secretary shall, in con10 sultation with the Administrator, the Director

11 of the Fish and Wildlife Service, the appro12 priate official of each host State, and local

13 sponsors—

14 ‘‘(i) develop a confined spoil disposal

15 facility remediation plan for each confined

16 spoil disposal facility identified in para17 graph (2)(B); and

18 ‘‘(ii) submit each remediation plan to

19 the Administrator.

20 ‘‘(B) REQUIREMENTS.—The remediation

21 plan shall include a schedule of engineered im22 provements, closure or post-closure require23 ments, or restrictions of the facility, or other

24 measures to ensure that the facility will not ex25 ceed water or sediment quality standards or
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1 interfere with the protection and propagation of

2 a balanced indigenous population of fish, shell3 fish, and wildlife.

4 ‘‘(C) RESTRICTION OR CLOSURE OF FACIL5 ITY.—Any confined spoil disposal facility reme6 diation plan that recommends restriction or clo7 sure of the confined spoil disposal facility

8 shall—

9 ‘‘(i) identify appropriate alternative

10 disposal options, including the estimated

11 costs and environmental benefits and im12 pacts of the alternatives; and

13 ‘‘(ii) include a schedule for initiating

14 the alternatives and allocating costs, if ap15 plicable.

16 ‘‘(D) APPROVAL OF PLAN.—Not later than

17 90 days after receipt of a confined spoil dis18 posal facility remediation plan, the Adminis19 trator, in consultation with the Director of the

20 Fish and Wildlife Service , shall make a deter21 mination whether to approve the plan.

22 ‘‘(E) COSTS.—Costs associated with imple23 menting any approved confined spoil disposal

24 facility remediation plan shall be allocated in a
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1 manner consistent with the confined spoil dis2 posal facility project authorization.

3 ‘‘(F) DESIGN AND CONSTRUCTION.—

4 ‘‘(i) IN GENERAL.—The Secretary

5 may design, engineer, and construct com6 ponents of any confined spoil disposal facil7 ity remediation plan in a manner consist8 ent with this section.

9 ‘‘(ii) DEADLINE.—If, by January 1,

10 1999, a confined spoil disposal facility re11 mediation plan has not been undertaken

12 for a confined spoil disposal facility identi13 fied under paragraph (5)(B), the Adminis14 trator shall terminate the use of the facil15 ity and shall develop a post-closure remedi16 ation plan to be implemented jointly by the

17 Administrator, the Secretary, and the host

18 State.

19 ‘‘(8) DREDGING AND DISPOSAL OPERATIONS.—

20 The Secretary shall continue dredging and disposal

21 operations in the Great Lakes basin to maintain

22 navigational channels to authorized depths in a man23 ner that is consistent with this section.

24 ‘‘(9) OTHER CONSIDERATIONS.—Nothing in

25 this section shall prohibit the Administrator from
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1 considering other relevant environmental laws, regu2 lations, or such other criteria as the Administrator

3 determines to be appropriate, in making a decision

4 to concur or decline to concur with respect to the

5 applying any provision of this section in cooperation

6 with another person or entity.

7 ‘‘(10) PERMIT REQUIREMENT.—

8 ‘‘(A) REQUIREMENT.—Beginning on Octo9 ber 1, 1994, any person who disposes of dredge

10 spoil at a confined spoil disposal facility shall

11 obtain a permit from the Secretary, who shall

12 issue the permit with the concurrence with the

13 Administrator.

14 ‘‘(B) PERMITS.—

15 ‘‘(i) CONDITIONS.—A permit issued

16 under this paragraph shall specify such

17 conditions as are necessary to ensure that

18 disposal will be consistent with the man19 agement plan for a confined spoil disposal

20 facility.

21 ‘‘(ii) MONITORING.—A permit issued

22 under this paragraph shall contain such

23 provisions for monitoring and assessment

24 as are necessary to determine compliance

25 with the permit.
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1 ‘‘(C) TERM.—

2 ‘‘(i) IN GENERAL.—Subject to clause

3 (ii), a permit issued under this paragraph

4 shall be issued for the term of the disposal

5 activity specified pursuant to subparagraph

6 (B)(i).

7 ‘‘(ii) LIMITATION.—No permit shall

8 be issued for a period exceeding 5 years.

9 ‘‘(11) AUTHORIZATION OF APPROPRIATIONS.—

10 There are authorized to be appropriated such sums

11 as are necessary to carry out this subsection.’’.

12 SEC. 3. SEDIMENT REDUCTION.

13 (a) IN GENERAL.—Section 118 of the Federal Water

14 Pollution Control Act (33 U.S.C. 1268), as amended by

15 section 2, is further amended by inserting after subsection

16 (d) the following new subsection:

17 ‘‘(e) SEDIMENT REDUCTION.—

18 ‘‘(1) GREAT LAKES TRIBUTARY SEDIMENT

19 TRANSPORT MODELS.—

20 ‘‘(A) MODELS.—For each major river sys21 tem or set of major river systems depositing

22 sediment into a Great Lakes federally author23 ized commercial harbor, channel maintenance

24 project site, or area of concern, the Secretary of

25 the Army (referred to in this subsection as the
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1 ‘Secretary’), in cooperation with the Adminis2 trator, shall develop a tributary sediment trans3 port model that shall—

4 ‘‘(i) measure stream discharge rates,

5 total suspended solids loadings, and

6 bedload transport within the tributary and

7 harbor;

8 ‘‘(ii) measure additional parameters,

9 such as nitrates, phosphates, persistent

10 toxic substances, and heavy metals, using a

11 protocol approved by the Administrator, on

12 a river-by-river basis in accordance with

13 any agreement between the Secretary, the

14 Administrator, the host State, and any rel15 evant non-Federal entity;

16 ‘‘(iii) estimate the percentage of total

17 sediment loadings into the harbors, chan18 nels, and areas of concern originating from

19 each subwatershed of the river system; and

20 ‘‘(iv) characterize the physical nature

21 of the sediment materials.

22 ‘‘(B) COORDINATION WITH OTHER ENTI23 TIES.—In developing the tributary sediment

24 transport models, the Secretary shall cooperate,

25 consult, and coordinate with—
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1 ‘‘(i) the Administrator;

2 ‘‘(ii) the Governors of the Great

3 Lakes States;

4 ‘‘(iii) the Chief of the Soil Conserva5 tion Service of the Department of Agri6 culture;

7 ‘‘(iv) the Director of the United

8 States Geological Survey of the Depart9 ment of the Interior;

10 ‘‘(v) the Director of the United States

11 Fish and Wildlife Service of the Depart12 ment of the Interior; and

13 ‘‘(vi) the heads of such other Federal

14 agencies as the Administrator determines

15 to be appropriate.

16 ‘‘(C) OTHER CONSIDERATIONS.—In devel17 oping the tributary sediment transport models,

18 the Secretary shall—

19 ‘‘(i) coordinate tributary sediment

20 transport modeling efforts with the efforts

21 of the Administrator to produce com22 prehensive Lakewide Management Plans,

23 Remedial Action Plans, mass balance mod24 els, and water quality models;
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1 ‘‘(ii) build upon data and monitoring

2 infrastructure generated in earlier studies

3 and programs; and

4 ‘‘(iii) complete models for 30 major

5 river systems within the 5-year period be6 ginning on the date of enactment of this

7 clause.

8 ‘‘(2) SEDIMENT LOAD REDUCTION.—

9 ‘‘(A) ANALYTICAL METHOD.—Not later

10 than 18 months after the date of enactment of

11 this subparagraph, the Secretary, with the writ12 ten concurrence of the Administrator, shall—

13 ‘‘(i) develop an analytical method to

14 project the effectiveness and efficiency of

15 sediment source reduction approaches and

16 scenarios in reducing upstream sediment

17 loadings into, and transport within, spe18 cific Great Lakes federally authorized com19 mercial harbors, channel maintenance

20 project sites, and areas of concern of the

21 Great Lakes;

22 ‘‘(ii) for each model developed under

23 paragraph (1), use the method described in

24 clause (i) to conduct sediment load reduc25 tion analyses to estimate the potential ef-
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1 fectiveness and efficiency of upstream sedi2 ment source reduction approaches and sce3 narios to reduce sedimentation in Great

4 Lakes federally authorized commercial har5 bors, channel maintenance sites, and areas

6 of concern of the Great Lakes; and

7 ‘‘(iii) provide sediment load and trans8 port reduction analysis information to the

9 States, upon request, regarding river sys10 tems within the jurisdiction of the State.

11 ‘‘(B) COORDINATION WITH OTHER ENTI12 TIES.—In developing the analytical method de13 scribed in subparagraph (A), the Secretary shall

14 work in cooperation, consultation, and coordina15 tion with—

16 ‘‘(i) the Administrator;

17 ‘‘(ii) the Governors of the Great

18 Lakes States;

19 ‘‘(iii) the Chief of the Soil Conserva20 tion Service of the Department of Agri21 culture;

22 ‘‘(iv) the Director of the United

23 States Geological Survey of the Depart24 ment of the Interior;
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1 ‘‘(v) the Director of the United States

2 Fish and Wildlife Service of the Depart3 ment of the Interior; and

4 ‘‘(vi) the heads of such other Federal

5 agencies as the Administrator determines

6 to be appropriate.

7 ‘‘(C) DEVELOPMENT AND APPLICATION.—

8 In developing and using the analytical methods

9 described in subparagraph (A), the Secretary

10 shall consider only sediment reduction ap11 proaches and scenarios that are consistent

12 with—

13 ‘‘(i) the guidance issued pursuant to

14 section 6217(g) of the Omnibus Budget

15 Reconciliation Act of 1990 (16 U.S.C.

16 1455b(g)), if applicable;

17 ‘‘(ii) relevant State coastal zone man18 agement programs approved pursuant to

19 section 306 of the Coastal Zone Manage20 ment Act of 1972 (16 U.S.C. 1455);

21 ‘‘(iii) relevant State nonpoint source

22 pollution control programs approved in a

23 manner consistent with section 319; and

24 ‘‘(iv) recommendations of any relevant

25 Remedial Action Plans and programs and
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1 measures contained in Annex 3 of the

2 Great Lakes Water Quality Agreement and

3 the supplement to the Annex.

4 ‘‘(D) TECHNICAL SUPPORT.—The Sec5 retary shall encourage and provide technical

6 support for Federal, State, and local efforts to

7 reduce sedimentation in harbors through im8 proved upstream land management practices,

9 consistent with—

10 ‘‘(i) State coastal zone management

11 programs approved pursuant to section

12 306 of the Coast Zone Management Act of

13 1972 (16 U.S.C. 1455); and

14 ‘‘(ii) State nonpoint source pollution

15 control programs pursuant to section 319.

16 ‘‘(3) LOAD REDUCTION GRANTS.—

17 ‘‘(A) IN GENERAL.—Not later than 90

18 days after funds are made available under para19 graph (4), the Secretary, in cooperation with

20 the Administrator, shall make grants available

21 to States for projects to reduce erosion that

22 contribute to the sedimentation of federally au23 thorized commercial harbors, channel mainte24 nance project sites, and areas of concern.
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1 ‘‘(B) GRANT REQUESTS.—A State or a

2 group of States, on the initiative of the State

3 or group of States or at the request of a reme4 dial action planning committee, local govern5 ment, port authority, or any other govern6 mental, public, or private entity, may submit a

7 proposal for funding for a project pursuant to

8 this paragraph.

9 ‘‘(C) GRANT CONDITIONS.—A grant under

10 this paragraph shall—

11 ‘‘(i) be awarded only for a project con12 ducted by a State (or a group of States)

13 that is consistent with any applicable ap14 proved coastal zone management plan and

15 is incorporated in the nonpoint source pol16 lution control program of the State (or,

17 with respect to a project conducted by each

18 recipient State, under applicable provisions

19 of section 319);

20 ‘‘(ii) conform with the guidance issued

21 pursuant to section 6217(g) of the Omni22 bus Budget Reconciliation Act of 1990 (16

23 U.S.C. 1455b(g));

24 ‘‘(iii) be consistent with the rec25 ommendations of any relevant Remedial
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1 Action Plans and Lakewide Management

2 Plans;

3 ‘‘(iv) be administered by agencies des4 ignated in the nonpoint source manage5 ment program of the State;

6 ‘‘(v) improve water quality; and

7 ‘‘(vi) have the potential to reduce pro8 jected dredging costs, including environ9 mental dredging, in an amount comparable

10 to the cost of the erosion control project,

11 within the lifetime of the dredging project.

12 ‘‘(D) STATE GRANTS.—

13 ‘‘(i) IN GENERAL.—Subject to clause

14 (ii), to carry out a project under this para15 graph, a State may award grants from

16 funds made available under this paragraph

17 for the implementation of an erosion con18 trol measure.

19 ‘‘(ii) LIMITATION.—The amount of a

20 grant under this subparagraph may not ex21 ceed 75 percent of the cost erosion control

22 measure.

23 ‘‘(E) AMOUNT OF GRANT AWARD.—

24 ‘‘(i) IN GENERAL.—A grant under

25 this paragraph shall be in such amount
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1 and subject to such conditions as the Sec2 retary, with the concurrence of the Admin3 istrator, shall determine.

4 ‘‘(ii) FEDERAL SHARE.—The Federal

5 share of a grant made under this para6 graph shall be 75 percent of the cost of the

7 project.

8 ‘‘(iii) STATE SHARE.—The State

9 share of a grant made under this sub10 section shall be provided from non-Federal

11 sources.

12 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

13 ‘‘(A) IN GENERAL.—Subject to subpara14 graph (B), there are authorized to be appro15 priated to the Department of the Army to carry

16 out this subsection, $15,000,000 for each of fis17 cal years 1994 through 1999.

18 ‘‘(B) LIMITATION.—Not less than 50 per19 cent of the amounts made available under sub20 paragraph (A) shall be reserved to carry out

21 paragraph (3).’’.

22 (b) REMEDIAL ACTION PLANNING COMMITTEE.—

23 Section 118(a)(3) of such Act (33 U.S.C. 1268(a)(3)) is

24 amended—
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1 (1) in subparagraph (I), by striking ‘‘and’’ at

2 the end;

3 (2) in subparagraph (J), by striking the period

4 at the end and inserting ‘‘; and’’; and

5 (3) by adding at the end the following new sub6 paragraph:

7 ‘‘(K) ‘Remedial action planning committee’

8 means a committee that is involved in the devel9 opment of a Remedial Action Plan.’’.

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