204 



near the time we issued our ocean dumping report. See, for example, tlie table 

 on page 20 of tbe report comparing estimated solid waste disposal costs. The 

 operating agencies, particularly the Environmental Protection Agency, the Coast 

 Guard, and the National Oceanic and Atmospheric Administration have more 

 recently developed estimates of the cost of administration. We understand that 

 these agencies can provide the desired information for you. 



Mr. Everett. On page 13, under subsection (c) of section 8, it says: 



The Secretary of the department in which the Coast Guard is operating shall 

 conduct surveillance and other appropriate enforcement activity to prevent 

 unlawful transportation of material for dumping or dumping. 



Does this give the Coast Guard sufficient authority to enforce devia- 

 tion of the permit ? 



Mr. Train. What do you mean by that ? 



Mr. E\TERETT. It looks like the prohibition goes to the transporting 

 or the dumping, vrhere there has been no permit issued. 



Now, where a permit has been issued, and the dumping is in a dif- 

 ferent locality, this does not meet the requirements or conditions 

 attached to the permit, and who has the authority to enforce this ? 



Does subsection (c) give the Coast Guard the authority, or should 

 the Coast Guard have that authority ? 



Mr. Train. I think clearly 



Mr. Everett. The language seems to be written narrowly to pre- 

 vent transportation or dumping. 



Mr. Train. Certainly an unlawful transportation would in my view 

 include any transportation followed by a dumping in violation of a 

 j^ermit, and I would include as a violation of a permit a substantial 

 divergence from its terms. 



Mr. Everett. I notice under the provisions under section 6, you say : 



A person who violates section 4 of this Act, or regulations promulgated under 

 this Act, or a permit issued under this Act by the Administrator shall be 

 liable to a civil penalty of not more than $50,000 for each violation to be assessed 

 by the Administrator. 



But I am just wondering if the language is broad enough in sub- 

 section (c) on page 13 to include violations of a permit issued under 

 the act. 



You might reflect on that. 



Mr. Train. I think if there is any uncertainty there, it could well 

 be clarified. 



We will be glad to take a look, another look at that to see if that 

 could be strengthened. 



Mr. Everett. You have the authority to designate areas where safe 

 sites can be located for purposes of dumping. 



Do you have any indication as to how long it would take to study 

 these areas with respect to identifying them for this purpose? 



Mr. Train. No, Mr. Everett ; I do not have any information I could 

 give you on that. 



The act takes effect, as you know, 6 months after enactment, but 

 that does not give anj^ indication as to when that study could be 

 concluded. 



Mr. Everett. One other thought with respect to the Coast Guard. 



It is not spelled out in the bill, but do you think, either in the bill 

 or the regulations, that there should be some requirement that the 

 vessel operator, or the vessel itself, should have a permit displayed on 

 the vessel in some appropriate place so that it could be readily seen 

 and checked by the Coast Guard ? 



