I
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Ocean Dumping Ter-
mination 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 authoriz-
ing such dumping or transport shall have no force
or effect.
(b) TERMINATION FOR ALL MATERIAL.—Notwith-
standing 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 authoriz-
ing 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 Pro-
tection, 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’’, re-
spectively, means such material as determined under
guidance issued in 1992 by the United States Army
Corps of Engineers New York District and the Envi-
ronmental Protection Agency Region II for perform-
ing 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 Regula-
tions.
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