102 



maintenance dredging application. The material after the most 

 recent dioxin sediment concentration tests was found to be cleaner 

 than the original testing. Therefore there is no basis for the 

 Corps and EPA not to reinstate the maintenance dredging permit 

 with ocean disposal for Port Newark/Elizabeth Marine Terminal 

 Reaches B, C and D. 



The 



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ices. 



ear federal policy is needed now to enable dredging and 

 rial management to be conducted without sacrificing the 

 guards that are intended by our nation's environmental laws. 



and parcel to that is need for a major adjustment to the 

 ral regulations and the manner in which they are implemented. 

 onger can we afford to have agencies of the singular federal 

 rnment act as if they are distinct feudal estates whose 

 ary goal is to protect one's ground against intruders and not 



in concert with each other. Time limits must be set and 

 rved, the rules and standards must not be changed midstream, 

 regulators should be sensitive to the consequences of inaction 

 indecision . 



Perhaps as important, the federal government must acknowledge that 

 its role in tese matters is not simply as a regulator but as a 

 major stakeholder. It is responsible for the dredging of the 

 federal channels which constitute most of the volume of material 

 dredged in our port and others. It is responsible for the US 

 economy that depends on ships carrying cargo to and from the rest 

 of the world. It is responsible for a coastal environment that 

 depends on creative and protective management of its natural 

 resources . 



Ultimately, this is not a story of a terminal operator that cannot 

 dredge some berths. It is a question of whether the 

 infrastructure of our and other American ports will be maintained 

 for commerce. And ultimately, I am optimistic that Congress will 

 address these matters and that the executive branch will learn 

 from this unfortunate experience. Thank you for your 

 consideration. I greatly appreciate the opportunity to express my 

 concerns. Mr. Chairman, I offer to work with you and the 

 committee to resolve these issues. 



