160 



It is clear to me that the authority to establish standards should rest 

 with the EPA. Problems have arisen in the past with current au- 

 thorities, such as the Army Corps of Engineers, which are mainly 

 concerned with the navigability of our waterways and not the ecology. 



Section 5B(a) defines "ocean, coastal, and other waters" as "oceans, 

 gulfs, bays, salt-water lagoons, salt-water harbors, other coastal wa- 

 ters where the tide ebbs and flows, the Great Lakes, and all waters 

 in a zone contiguous to the United States extending to a line 12 

 nautical miles seaward from the baseline of the territorial sea as pro- 

 vided in article 24 of the Convention on the Territorial Sea and the 

 Contiguous Zone." This 12-mile limit would prevent those infractions 

 which occur today outside of the current territorial sea limit of 3 

 miles which has left the Army Corps of Engineers helpless to act. 



Section 5B (a) also requires that the person wisliing to dump sustain 

 the burden of proof that the materials that are dumped will not en- 

 danger the natural environment of those waters and will meet any 

 additional requirements as the Administrator of the EPA deems nec- 

 essary for the orderly regulation of such activity. Certainly, the time 

 has come for those who persist in dumping harmful wastes in the 

 ocean to be held accountable for their action and, in fact, through 

 tliis legislation, begin to terminate the amount of ocean dumping 

 entirely. 



The legislation provides that the standards established be adopted 

 and applied to all parts of the Federal and State authorities which 

 have the right to issue authorizations to discharge or de^wsit mate- 

 rial into these waters. 



Furthermore, States may establish their own standards with re- 

 spect to the activity covered by the Federal standard with the condi- 

 tion that the State standard would have to be more stringent than 

 the Federal standard and provide adequate procedures for enforce- 

 ment. This allows the States not to be hampered by past Federal 

 uniform minimum standards which serve to hamper rather than to 

 effect the causes of the activity. 



Section 5B(f) provides that every State and Federal instrumen- 

 tality and every person applying for authorization to discharge or 

 otherwise dispose of any material into these waters maintain records, 

 make reports, and provide whatever additional information the Ad- 

 ministrator of the EPA needs to determine that there is compliance 

 with the standards. 



Section 5B (g) provides that the district courts of the United States 

 have jurisdiction to restrain violations of this act. 



Section 5B(h) provides that each violation of these standards shall 

 be punishable by a fine of not more than $10,000 nor less than $5,000. 



This section would make each dumping in violation of the standards 

 punishable by fine. 



It is clear to me that we must take those steps which are necessary 

 to turn this spiraling rate of pollution spoilage around, so that we 

 begin to protect not only human lives but the use of the sea, both eco- 

 nomically and from a recreational puri^ose. The dumping of any 

 waste materials which could create hazardous conditions, toxic or 

 otherwise, in ocean and coastal waters, must stop. Ocean disposal of 

 polluted dredge spoil, undigested sludge, and improperly treated sew- 

 age effluent must be terminated. Disposal of unpolluted dredge spill, 



