Water Resources Development Act
Section 211 (1986)

 
 
Section 211 of the Water Resources Development Act of 1986, as amended and codified at 33 U.S.C. sec. 2239 (1988), read as follows: 2239.

Alternatives to mud dump for disposal of dredged material

(a) Designation of alternative sites

Not later than three years after November 17, 1986, the Administrator of the Environmental Protection Agency shall designate one or more sites in accordance with the Marine Protection, Research, and Sanctuaries Act of 1972 [33 U.S.C.A. S 1401 et seq.] for the disposal of dredged material which, without such designation, would be disposed of at the Mud Dump (as defined in subsection (g) of this section). The designated site or sitesshall be located not less than 20 miles from the shoreline. The Administrator, in determining sites for possible designation under this subsection, shall consult with the Secretary and appropriate Federal, State, interstate, and local agencies.

(b) Use of newly designated site
 

Beginning on the 30th day following the date on which the Administrator of the Environmental Protection Agency makes the designation required by subsection (a) of this section, any ocean disposal of dredged material (other than acceptable dredged material) by any person or governmental entity authorized pursuant to the Marine Protection, Research, and Sanctuaries Act of 1972 [33 U.S.C.A. S 1401 et seq.] to dispose of dredged material at the Mud Dump on or before the date of such designation shall take place at the newly designated ocean disposal site or sites under subsection (a) of this section in lieu of the Mud Dump.

(c) Interim availability of lawful sites
 

Until the 30th day following the date on which the Administrator of the Environmental Protection Agency makes the designation required by subsection (a) of this section, there shall be available a lawful site for the ocean disposal of dredged material by any person or governmental entity authorized pursuant to the Marine Protection, Research, and Sanctuaries Act of 1972 [33 U.S.C.A. S 1401 et seq.] to dispose of dredged material at the Mud Dump on or before the date of such designation.

(d) Designation Plan

Not later than 120 days after November 17, 1988, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives his plan for designating one or more sites under subsection (a) of this section. The plan shall specify the actions necessary to comply with subsection (a) of this section, the funding requirements associated with these actions, and the dates by which the Administrator expects to complete each of these actions. The plan also shall specify actions which the Administrator may be able to take to expedite the designation of any sites under subsection (a) of this section.

(e) Status reports
 

Not later than one year after November 17, 1986 and annually thereafter until the designation of one or more sites under subsection (a) of this section, the Administrator of the Environmental Protection Agency shall submit a report to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate describing the status of such designation.

(f) Future use of mud dump restricted to acceptable dredged material
 

Notwithstanding any other provision of law, including any regulation, the Secretary shall ensure that, not later than the 30th day following the date on which the Administrator of the Environmental Protection Agency makes thedesignation required by subsection (a) of this section, all existing and future Department of the Army permits and authorizations for disposal of dredged material at the Mud Dump shall be modified, revoked, and issued (as appropriate) to ensure that only acceptable dredged material will be disposed of at such site and that all other dredged material determined to be suitable for ocean disposal will be disposed of at the site or sites designated pursuant to subsection (a) of this section.

(g) Definition of acceptable dredged material

For purposes of this section, the term "acceptable dredged material" means rock, beach quality sand, material excluded from testing under the ocean dumping regulations promulgated by the Administrator of the Environmental Protection Agency pursuant to the Marine Protection, Research, and Sanctuaries Act of 1972 [33 U.S.C.A. S 1401 et seq.], and any other dredged material (including that from new work) determined by the Secretary, in consultation with the Administrator, to be substantially free of pollutants.

(h) Definition of mud dump

For purposes of this section, the term "Mud Dump" means the area located approximately 5 3/4 miles east of Sandy Hook, New Jersey, with boundary coordinates of 40 degrees 23 minutes 48 seconds N, 73 degrees 51 minutes 28 seconds W; 40 degrees 21 minutes 48 seconds N, 73 degrees 50 minutes 00 seconds W; 40 degrees 21 minutes 48 seconds N, 73 degrees 51 minutes 28 seconds W, and 40 degrees 23 minutes 48 seconds N, 73 degrees 50 minutes 00  seconds W.

(Pub.L. 99-662, Title II, sec. 211, Nov. 17, 1986, 100 Stat. 4106; Pub.L.
100- 676, sec. 32, Nov. 17, 1988, 102 Stat. 4031.)

 

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