104 



they authorize any activity prohibited by subsection (i) of this section. There- 

 after no license, permit, or authority sihall be issued by any officer or employee 

 of the United States which would authorize any activity prohibited by sub- 

 section (i) of this section." 



H.R. 805 would require the Administrator of the Environmental Protection 

 Agency and the Secretary of the Interior (acting through the United States 

 Fish and Wildlife Service) in consultation with the Secretary of the Army 

 (acting through the Chief of Engineers), to establish standards for the dis- 

 charge of w"aste : 



'' . . for the purpose of insuring that no damage to the natural environ- 

 ment and ecology including but not limited to marine and wildlife ecology 

 of the ocean, coastal, and other waters of the United States, will result from 

 any such activity. ..." 



H.R. 805 would also permit the imposition of more stringent state standards. 



H.R. 805 does not provide for the designation of areas within which waste may 

 be safely deposited. Instead, the bill would require any person, before depositing 

 or discharging industrial wastes, sludge, spoil or other materials into the ocean, 

 coastal, or other waters of the United States, to "present sufficient evidence to 

 sustain a burden of proof that such materials in the location in which they are 

 to be deposited will not endanger the natural environment and ecology of these 

 waters and to meet such additional requirements as the Administrator may 

 deem necessary for the orderly regulation of such activity." The bill further 

 provides in subsection (d) that the standards established "shall be applicable 

 to all of the departments, agencies, and instrumentalities of the Federal Gov- 

 ernment, to the States and their agencies, including any person having any 

 license, permit, or other authorization from such State or agency for any such 

 activity with resi)ect to any such ocean, coastal, and other waters." The civil 

 penalties set forth under H.R. 805 are less stringent than those contained in 

 H.R. 285 and apply only to violations of discharge standards. Subsection (i) of 

 H.R. 805 is much more stringent than the parallel subsection (j) of H.R. 285 

 supra in that it provides : 



"(i) Upon the effective date of this section aU licenses, permits, or authoriza- 

 tions which have been issued by any officer or employee of the United States 

 under authority of any other provision of law sihall be terminated." 



Unlike the parallel provisions^ in H.R. 285, H.R. 983 and H.R. 1095, subsec- 

 tion (f) of H.R. 805, which relates to recordkeeping and reporting, does not 

 proAdde for confidential treatment of information relating to trade secrets. 



H.R. 983 is substantially the same as H.R. 285, except for the following differ- 

 ences. Under H.R. 983, the Secretary of the Interior, acting through the Fish 

 and Wildlife Service, and the Administrator of the Environmental Protection 

 Agency would have joint responsibility for designating discharge areas. How- 

 ever, H.R. 983 would give the Administrator of the Environmental Protection 

 Agency, instead of the Secretary of the Interior, sole responsibility for the 

 determination of applicable federal discharge standards. The civil penalties 

 which H.R. 983 would establish are the most stringent of those provided in 

 any of the bills included in this report. 



H.R. 1095 is similar to both H.R. 285 and H.R. 805, but is drafted in a converse 

 form. Under H.R. 1095, the Secretary of the Interior, acting through the Fish 

 and Wildlife Service, would be authorized to designate those areas into and onto 

 which he determines certain waste materials cannot be safely discharged. Such 

 areas then would be known as "marine sanctuaries." Persons discharging waste " 

 in "marine sanctuaries" would be subject to heavy fines (Sec. 5B(e)). Initial 

 designation of these areas would be delayed for one year after enactment of the 

 bill pending completion of an investigation and study of potential "marine 

 sanctuaries" by the Secretary of the Interior in cooperation with the Secretary 

 of the Army acting through the Chief of Engineers. 



Section 5B (d) of H.R. 1095 would provide that once such areas were designated 

 as "marine sanctuaries". 



". . . all licenses, permits, or authorizations which have been issued by any 

 officer or employee of the United States under authority of any other provision 

 of law shall be terminated and of no effect to the extent they authorize any 



iH.R. 285, subsection (h) ; H.R. 983. subsection (b) ; H.R. 1095, section 5C(b). 



' In describing the wastes affected by the bill, H.R. 1095, unlike H.R. 285, H.R. 805 

 and H.R. 983, refers specifically to heated effluents and to solid, liquid or gas wastes 

 (§§5B(e),5C(a)). 



