I
104TH CONGRESS
1ST SESSION
H. R. 1344
To amend title II of the Marine Protection, Research, and Sanctuaries Act
of 1972 to direct the Under Secretary of Commerce for Oceans and
Atmosphere to conduct a research program to evaluate technology for
depositing certain waste on the deep ocean seabed.
IN THE HOUSE OF REPRESENTATIVES
MARCH 29, 1995
Mr. BURTON of Indiana introduced the following bill; which was referred to
the Committee on Science, and in addition to the Committee on Re-
sources, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To amend title II of the Marine Protection, Research, and
Sanctuaries Act of 1972 to direct the Under Secretary
of Commerce for Oceans and Atmosphere to conduct
a research program to evaluate technology for depositing
certain waste on the deep ocean seabed.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
waste at one or more specified sites on the deep sea-
bed.
‘‘(2) TERMS
OF
PERMITS.—A permit issued
under this subsection shall—
‘‘(A) specify a site for deposit of author-
ized waste, that is located in—
‘‘(i) the Atlantic Ocean;
‘‘(ii) the Pacific Ocean; or
‘‘(iii) the Gulf of Mexico;
‘‘(B) require that authorized waste be de-
posited in a manner that prevents the waste
from contacting the water column before the
waste reaches the proximity of the deep seabed;
‘‘(C) authorize deposits under the permit
during the 15-year period beginning on the ef-
fective date of the permit;
‘‘(D) require the person authorized to de-
posit authorized waste under the permit to con-
duct monitoring of the site or sites at which the
wastes are deposited and to submit reports of
such monitoring to the Under Secretary and the
Administrator; and
‘‘(E) provide that if the Under Secretary
determines on the basis of monitored informa-
tion that the deposit of authorized waste under
the permit is adversely affecting ocean environ-
mental conditions to an unacceptable extent,
the Under Secretary may—
‘‘(i) revoke the permit for any further
deposits; and
‘‘(ii) require that the permittee re-
cover so much of the authorized waste al-
ready deposited under the permit as is rea-
sonably possible.
‘‘(3) LIMITATION.—The Under Secretary may
not issue more than one permit under this section
that authorizes deposit of authorized material in
each of the areas referred to in paragraph (2)(A)(i),
(ii), and (iii).
‘‘(4) TREATED AS EPA PERMIT.—For purposes
of this title—
‘‘(A) a permit issued under this section is
deemed to be a permit issued by the Adminis-
trator under section 102, and
‘‘(B) such issuance shall constitute a waiv-
er of the øprohibitions¿ and fee øspecified¿ in
section 104(b).
øWhat is the intent of subparagraph (B)? What
‘‘prohibitions’’ are ‘‘specified’’ in section 104(b)?¿
‘‘(c) AUTHORITY
OF
UNDER
SECRETARY.—The
Under Secretary may exercise any authority with respect
to a permit under this section that the Administrator may
exercise under this title with respect to a permit under
section 102.
‘‘(d) MONITORING.—As part of the research program
under this section, the Under Secretary and the Adminis-
trator shall jointly design and conduct a program for mon-
itoring the environmental conditions at sites where author-
ized wastes are deposited under permits issued under this
section, and at other nearby areas that might be affected
by those wastes.
‘‘(e) REPORTS.—Not later than 1 year after the date
of the enactment of the ll Act of 1995 and annually
thereafter, the Under Secretary øand the Administrator?¿
shall øjointly¿ prepare and submit to the Congress an an-
nual report on the progress and results of the research
programs conducted under this section.
‘‘(f) DEFINITIONS.—For purposes of this section—
‘‘(1) AUTHORIZED WASTE.—The term ‘author-
ized waste’ means dredge spoil, gold mining spoil, fly
ash, incinerator ash, sewage sludge, and any other
waste designated by the Under Secretary.
‘‘(2) UNDER
SECRETARY.—The term ‘Under
Secretary’ means the Under Secretary of Commerce
for Oceans and Atmosphere.
‘‘(3) DEEP SEABED.—The term ‘deep seabed’
means the gently undulating, sediment covered sea
floor which is largely quiescent and which is located
at depths greater than 5,000 feet below the ocean
surface.’’.
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