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U.S. House of Representatives 



Committee on Merchant Marine and Fisheries 



Subcommittee on Oceanography, Gulf of Mexico, and the Outer Continental Shelf 



Hearing on Ocean Disposal of Contaminated Sediments 

 March 30, 1993 



Written Questions and Answers 



Witness: Dwayne Lee, Deputy Executive Director of the Port of Los Angeles, on 



behalf of the American Association of Port Authorities 



Questions of the Honorable Solomon Ortiz 



1. What impact do you foresee the particular situation regarding the Port of New York 

 and New Jersey's permit application having on a national level? Do you see this 

 situation becoming more prevalent in the future and why? 



Answer: The delay and indecision that the Port of New York and New Jersey are 



currently facing in their efforts to secure a maintenance dredging permit both 

 reflects problems and challenges already faced by many ports on a national 

 level and portends even stricter scrutiny of ocean disposal permits in the 

 future. If it is true that we can learn from our mistakes, perhaps the impact 

 will be a positive one and federal, state and local interest groups will finally 

 recognize that nobody benefits from the convoluted, often contradictory, 

 expensive and inefficient system that presently regulates the management and 

 disposal of dredged material. It is more likely, however, that without adoption 

 of a national dredging policy and a commitment by the federal government 

 to dredge our nation's harbors in a timely and cost-effective fashion the 

 entrenched regulatory bureaucracy will prevail. 



Each dredging permit is unique, based on the characteristics of the project, 

 quality of the dredged material, and the working relationship among the port, 

 the state and federal regulatory agencies and the public. The particular 

 circumstances of the New York/New Jersey situation are, therefore, not 

 replicated elsewhere. Yet, as our scientific ability to identify potential 

 contaminants to levels so low they are almost inconceivable to the average 

 person, public concern over trace contaminants found in dredged material will 

 continue to grow. Without more extensive public education about the relative 

 risk (or lack of risk) posed by these contaminants, and clear direction and 

 strong leadership from the federal government, the problems currently being 

 experienced by the Port of New York and New Jersey will become more 

 frequent around the country. 



