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government should continue developing techniques that don't shuffle wastes around: rather, they 

 reduce or remove the contaminants that make the waste problematic. Since 1987, the Federal 

 government has supported demonstration projects at five sites in the Great Lakes that are geared 

 toward developing ways to make contaminated sediments safe for re-use or disposal. In 1992, 

 a demonstration project was authorized in the New York-New Jersey Harbor. 



These Great Lakes and New York-New Jersey decontamination projects show real 

 promise for de-coraaminating wastes, not just bagging them and dumping them. The 

 Environmental Protection Agency, the Army Corps of Engineers and entrepreneurs have 

 cooperated to further develop methods to make contaminated sediments clean enough for reuse 

 as landfill cover, plant nursery application, or safe disposal. 



Waste Dumping In The Deep Ocean Is Unwise and Unnecessary. 



There are several reasons why embarking on a deep ocean dumping concept is unwise 

 and unnecessary. 



1. Ocean dumping of wastes other than clean dredged sediments is illegal under U.S. law, while 

 the ocean dumping of most other wastes is illegal under international law. 



A. Domestic Law. The Marine Protection, Research and Sanctuaries Act (MPRSA) was passed 

 in 1972. It was later amended by the Ocean Dumping Ban Act of 1988 (ODBA). The 1988 law 

 banned ocean dumping of sewage sludge and industrial waste, and prohibited ocean incineration 

 of wastes. It also banned the transportation of wastes through U.S. waters for the purpose of 

 ocean disposal. 



The ODBA bans were in addition to prohibitions already included in the original 1972 

 law, the MPRSA. Under it, pollutants that cause cancer or genetic damage cannot be dumped 

 in the ocean above "trace" amounts. Many of these pollutants are found in sediments dredged 

 from harbors or rivers, including dioxin, PCBs, mercury and DDT. Therefore, under the 

 MPRSA, dredged materials containing more than "trace" levels of carcinogens or mutagens 

 cannot be legally dumped in the ocean. That leaves only one material that can be legally ocean 

 dumped: dredged sediments that are clean or whose pollutant levels are below "trace." 



In sum, the Navy's Summary Engineering Report proposes to dump materials in the ocean 

 that are illegal under the MPRSA and the Ocean Dumping Ban Act. 



B. International Law. The London Convention governs waste dumping activities in the ocean, 

 and the United States - along with dozens of other countries ~ has been a part of the 

 Convention since 1972. Like U. S. law, the London Convention has been steadily moving in 

 the direction of increased ocean protection and decreased waste disposal at sea. In 1994, the 

 London Convention voted to ban hazardous waste incineration at sea. It also banned the disposal 

 of industrial waste at sea, and outlawed the disposal of high-level and low-level radioactive waste 

 dumping at sea. Only two materials may be legally dumped: sewage sludge and dredged 



