443 



(Tlie information follows:) 

 Emergency Dumping Without a Pebmit to Safeguard Human Life 



To accomplisli this purpose we would recommend that subsection 5(h) be 

 renumbered as subsection 6(g) and revised to read as follows: 



"No person shall be subject to a civil penalty or to a criminal fine or im- 

 prisonment for transportation or dumping without a permit or in violation of a 

 permit if such person can prove that such transportation or dumping was 

 necessary, in an emergency, to safeguard human life. Any such transportation or 

 dumping shall be reported to the Administrator within such times and under 

 such conditions as he may prescribe by regulation." 



Mr. Sharood. One last question on your recommended dumping 

 sites. 



As I read the bill, you can recommend dumping sites, but is there 

 anything in the bill which enables you to require that the dumping 

 of the given material take place in a given site? Or will this be dis- 

 cretionary with the permittee ? 



Mr. Rtjckelshaus. I don't think so. 



If we found, for instance, a particular site was preferable for that 

 permittee, I think we would simply stipulate in the permit that that is 

 where the dmnping was to take place, and that they could not do so 

 otherwise, and that in that manner be able to control very carefully 

 where the material is dumped. 



Mr. DiNGELL. Would you want to give us your counsel, Mr. Ruckels- 

 haus, as to whether or not you would be able mider this to require 

 a time for dumping? For example, when the current might be flow^- 

 ing strongly, or the tide might be moving in a particular direction, 

 or the wind might be moving in a certain way, or the currents might 

 be moving in a particularly desirable direction, or when water tem- 

 perature might be at a particular level? Do you have the authority 

 to control those particular events with regard to dumping? 



Mr. R.UCKELSHAUS. I think we clearly do, under the provisions 

 of the act, have the discretion to, in the permit itself, limit very care- 

 fully the location and time and manner in which any dumping would 

 occur. 



Mr. DiNGELL. I don't read the bill as being entirely clear on that 

 point. 



Mr. RucKELSHAus. We would certainly be glad to agree to any 

 language that would make it more clear, or suggest language. 



Mr. DiNGELL. I think it would be helpful to the committee if you 

 would suggest language which would enable you to give rather clear 

 direction as to all of the conditions of the permit. 



(Suggested language to be furnished follows:) 



Conditions of a Dumping Permit 



Section 5(c) of the bill as presently drawn provides that — 

 "Permits issued under subsection (a) may designate and include (1) the 

 type of material authorized to be transported for dumping or to be dumped ; 

 (2) the amount of material authorized to be transported for dumping or to be 

 dumped; (3) the location where such transport for dumping will be terminated 

 or where such dumping will occur ; (4) the length of time for which t&ef permits 

 are valid and their expiration date ; *nd (5) such other matters as tHie Adminis- 

 trator deems appropriate." (Emphasis added) 



In view of the underlined language, further specificity as to the matters 

 which may be dealt with in a permit is not considered neeeseairy.. Such addi- 



