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subject new life forms to pollutants. 



Although very little dredge material is heavily contaminated, 

 contaminated sediments have been linked with lesions and other 

 growths on fish and other aquatic life forms. Decreases in 

 benthic species number and diversity have been documented as a 

 result of sediment contamination in the Gulf of Mexico, leading 

 to inferences of reproductive inhibition and greater 

 susceptibility to disease. 



The effects of ocean dumping on humans have not been well 

 documented. Some research has suggested that exposure through 

 eating contaminated seafood may result in increased risk of 

 cancer, or harmful reproductive, developmental, or neurological 

 effects. Little research has been conducted on the health risk 

 associated with physical contact or accidental ingestion of 

 actual contaminated sediments. 



The Federal Regulatory Scheme: The Ocean Dumping Act 



Although Federal laws restricting dumping in harbor areas 

 were enacted as early as 1886, the current major Federal statute 

 governing ocean dumping of dredge material is the Ocean Dumping 

 Act (ODA, title I of the Marine Protection, Research, and 

 Sanctuaries Act, 33 U.S.C. 1401 et seq.). Under ODA section 103, 

 the COE issues permits for the transportation of dredge material 

 for disposal into U.S. ocean waters. 



1. Ocean Dumping Criteria 



In general, the COE may issue an ocean dumping permit if the 

 dumping will not "unreasonably degrade or endanger human health, 

 welfare, or amenities, or the marine environment, ecological 

 systems, or economic potentialities". The permit must also meet 

 specific EPA criteria which include a consideration of: 



* the need for the dumping; 



* the effect of the dumping on humans, fish and wildlife, 

 shorelines, and marine ecosystems; 



* persistence and permanence of the effects; 



* effect of dumping particular volumes and concentrations; 

 and 



* effect on alternative uses of the ocean such as fishing 

 and scientific research. 



In addition to these criteria, the COE makes an independent 

 determination of the need for the dumping, based on an evaluation 



EPA decides whether its criteria are met and can effectively 

 veto a COE permit. Alternatively, EPA may impose additional 

 conditions on the permit, which must be adopted if the permit is 

 issued. Recent amendments to the ODA by the Water Resources 

 Development Act of 1992 have imposed a 45-day timeline on these 

 determinations, and failure by EPA to respond allows the COE to 

 issue the permit. 



