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of environmental harm. In certain instances, ocean disposal may be the only 

 responsible alternative. 



We reiterate that indiscriminate ocean dumping should be outlawed, but 

 maintain that ocean disposal should be allowed under strict regulation. It is 

 appropriate that a Federal agency, specifically the Environmental Protection 

 Agency, be given regulatory authority in this matter. EPA is the only agency at 

 either the Federal or State governmental level with broad authority for waste- 

 water control. Other Federal agencies, such as NOAA, Corps of Engineers, and 

 the Coast Guard, along with State agencies, may very well play an active role 

 in the regulatory process or surveillance, but we recommend that ultimate re- 

 sponsibility be centered at the Federal level in EPA. 



Regulatory control should take into account the quantity as well as type of 

 material to be disposed of, the disposal site, and method of disposal. The 

 Environmental risks of various alternative disposal means should be weighed, 

 taking into consideration technically feasible control methods and the possible 

 effect of onshore disposal. We envision that certain potentially toxic materials 

 which can be practically treated should not be allowed to be discharged into the 

 ocean, whereas other potentially toxic substances which might create greater 

 hazards of land, air or surface water pollution be disposed of at sea under 

 strictly controlled conditions. Disposal areas should be carefully selected and 

 monitored for any adverse effect. Marine sanctuaries should be maintained, and 

 fishing and recreational areas protected for present as well as future generations. 

 The issue is not simply one of ocean disposal, since wastes eventually find 

 their way to the oceans, if not by direct disposal then by conveyance in surface 

 streams and subsurface waters. Rather it is a matter of farsighted wastewater 

 control management, soundly and effectively administered. The controlling 

 agency must have a broad grant of authority, alternative choices, flexibility of 

 action, and the resources to fully implement its program. 



We have reviewed the various legislative proposals presently {lending and 

 feel that the "Marine Protection Act of 1971" offers the more complete and 

 appropriate approach to regulatory control. Our recommendations in reference 

 to it follow\ 



Recommendation 1 — Incorporate regulation of ocean disposal as a separate 

 Title of the Federal Water Pollution Control Act. 



Control of ocean disposal should be regarded as simply one element of water 

 quality management. Accordingly, we suggest that control of ocean disposal 

 would most appropriately be provided for as a separate Title of the Federal Water 

 Pollution Control Act. 



Recommendation 2 — Subject agencies of the Federal Government to injunctive 

 proceedings for violations. 



As the proposed Act now reads, departments and agencies of the Federal Gov- 

 ernment are exempt from the penalty provisions of Section 6. Ocean dumping, 

 significantly the dumping of dredging spoils, has been practiced by a number 

 of Federal agencies with alleged detriment to the environment. We believe 

 Federal agencies should be subject to injunctive proceedings brought by the 

 Administrator, and recommend the exception provided under Section 3(e) be 

 limited specifically to those penalties provided in Subsections 6(a) and (b), 

 i.e., fines and imprisonment. 



Recommendation 3 — Criteria establishment under Section 5 should afford in- 

 terested persons an opportunity for written comment. 



The development of ocean disposal criteria will affect a large number of 

 interested parties, including other agencies of the Federal Government. State 

 control officials, conservation and economic interest groups, permit applicants, 

 etc. On matters as important and complex as this, criteria should be published 

 as a proposed regulation with reasonable time given for interested persons to 

 submit written comments thereon. 



Valuable assistance and added expertise can be made available when govern- 

 ment fosters a common spirit of cooperation and coordination in the resolution 

 of environmental problems. 



Recommendation 4 — Clearly delineate between responsibility for (a) the na- 

 ture of the material to be disposed of and (b) the proper deposition of such ma- 

 terial at the permitted site. 



Many barging activties are conducted by independent waste haulers who are 

 under contract to the waste-generating party. A barge may contain wastes from 

 a number of different sources and a party turning his wastes over to the inde- 



