I
106TH CONGRESS
2D SESSION
H. R. 3893
To amend the Marine Protection, Research, and Sanctuaries Act of 1972
to restrict ocean dumping at the site off the coast of New Jersey
known as the ‘‘Historic Area Remediation Site’’, to dumping of dredged
material having levels of contaminants that do not exceed background
ambient contamination levels.
IN THE HOUSE OF REPRESENTATIVES
MARCH 9, 2000
Mr. PALLONE introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
A BILL
To amend the Marine Protection, Research, and Sanctuaries
Act of 1972 to restrict ocean dumping at the site off
the coast of New Jersey known as the ‘‘Historic Area
Remediation Site’’, to dumping of dredged material hav-
ing levels of contaminants that do not exceed background
ambient contamination levels.
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 ‘‘Anti-Ocean Dumping
Act of 2000’’.
SEC. 2. RESTRICTION ON OCEAN DUMPING AT THE HIS-
TORIC AREA REMEDIATION SITE.
Section 103 of the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1413) is amended by
adding at the end the following:
‘‘(f) RESTRICTION ON OCEAN DUMPING AT THE HIS-
TORIC AREA REMEDIATION SITE.—
‘‘(1) IN GENERAL.—No permit may be issued
authorizing transportation of material for the pur-
pose of dumping at the Historic Area Remediation
Site, and no permit authorizing such transportation
shall be effective, other than a permit for transpor-
tation of qualified dredged material.
‘‘(2) REQUIREMENTS FOR QUALIFIED DREDGED
MATERIAL.—
‘‘(A) IN
GENERAL.—The Administrator
shall issue regulations that establish require-
ments for material to be considered qualified
dredged material.
‘‘(B) CRITERIA.—Regulations under this
paragraph shall provide that material is not
qualified dredged material unless the level of
each contaminant in the material—
‘‘(i) does not exceed the background
ambient contamination level for that con-
taminant;
‘‘(ii) will not cause undesirable effects,
including through bioaccumulation; and
‘‘(iii) will be protective to the most
sensitive marine species at the most sen-
sitive life stages.
‘‘(3) DEFINITIONS.—In this subsection:
‘‘(A) BACKGROUND AMBIENT CONTAMINA-
TION LEVEL.—The term ‘background ambient
contamination level’ means, with respect to a
contaminant, a level of contamination by that
contaminant that is substantially equivalent to
or less than the level of such contamination in
biota and sediments found occurring naturally
in the ocean in areas that have never been im-
pacted by ocean dumping.
‘‘(B) CONTAMINANT.—The term ‘contami-
nant’ means any substance that poses an unac-
ceptable threat to human health or the environ-
ment.
‘‘(C) 
HISTORIC
AREA
REMEDIATION
SITE.—The term ‘Historic Area Remediation
Site’ means the dredged material disposal area
known by that name that is located east of
Sandy Hook, New Jersey, and described in part
228.15(d)(6) of title 40, Code of Federal Regu-
lations (as in effect on July 1, 1999).
‘‘(D) QUALIFIED
DREDGED
MATERIAL.—
The term ‘qualified dredged material’ means
material that is qualified dredged material
under regulations issued under paragraph (2).’’.
Æ