219 



And most dredge spoil is dumped relatively inshore, where it may 

 contaminate the valuable shellfish and fish species generally. 



The report of the Council on Environmental Quality recommended : 



High priority be given to protecting those portions of the marine environment 

 vrhich are biologically most active, namely, the estuaries and the shallow, near- 

 shore areas in which many marine organisms breed or spawn. These biologically 

 critical areas should be delineated and protected. 



Both the act of August 3, 1969, and the report of the Council would 

 seem to mandate that any ocean-dumping legislation would have to in- 

 clude a provision for setting aside as sanctuaries those areas of our 

 marine environment which are determined most valuable. 



Section 3 of the bill authorizes the Secretary of Commerce acting 

 through the newly established National Oceanic and Atmospheric Ad- 

 ministration, in conjunction with the Secretary of the Interior, the Ad- 

 ministrator of EPA, and the Council on Enviroimiental Quality, to 

 designate as marine sanctuaries those areas which the Secretary deter- 

 mines should be preserved or restored for their recreation conserva- 

 tion, ecological or esthetic value. This section directs the Secretary to 

 make an initial designation of marine sanctuaries within 2 years fol- 

 lowing the date of enactment of the legislation, and require him to 

 submit an annual report to the President and Congress reviewing the 

 activities under this act. Adequate funds are authorized for the con- 

 duct of studies leading to the designation of marine sanctuaries. The 

 Secretary of Interior msij not renew any license or permit for marine 

 mining activity within an area under study for designation as a marine 

 sanctuary, nor may the Administrator of EPA issue or renew an;y 

 permit for dumping in any areas under study. 



Section 2 of the bill amends section 6 of the 1968 act to prohibit 

 disposal of waste materials without a permit issued by the Adminis- 

 trator of EPA, under such terms and conditions as he determines 

 necessary to insure that the dumping or disposal will not damage the 

 ecology of the marine environment. 



The minimum guidelines which this bill sets forth for the issuance 

 or permits corresponds with those suggested hy the Council on En- 

 vironmental Quality and differs markedly from those contained in 

 the administration's proposed bill. 



My bill calls for a gradual phasing out of municipal sewage and in- 

 dustrial Avaste outfalls. These outfalls constitute one of the major 

 sources of marine pollution. Sewer outfall is the primary pollutant in 

 the New York Bight. 130 municipal waste outfalls discharge 2 billion 

 gallons per day. 



Waste material is defined so as to include all solid and liquid indus- 

 trial byproducts, chemicals, sewag:e, sludge, dreclgine: spoils, and debris. 

 Disposal is defined as the placing, releasing or discharging by any 

 means whatsoever. 



The administration's proposal, on the other hand, specifically ex- 

 cludes municipal sewage outfalls or industrial waste outfalls from the 

 definition of dumping. 



Following the recommendations of the Council on Environmental 

 Quality, my bill proposes a phasing out of the dumping, or disposal of 

 mmiicipal sewage, or industrial wastes. After Januory 1. 1972, no dis- 

 posal could take place unless such sewage or industrial waste has 



