677 
Sewage Sludge Dumping in the New York Bight Apex: 
A Comparison with Other Proposed Ocean Dumpsites 
ABSTRACT 
In 1977, the Marine Protection, Research and Sanctuaries Act 
(MPRSA), Public Law 92-532 was amended so that ocean dumping of "harmful" 
sewage sludge would not be allowed after December 31, 1981. “Harmful” 
sewage sludge is defined in the Act as sludge which "unreasonably" 
degrades the marine environment. The Environmental Protection Agency 
(EPA) interpreted this requirement to ban the dumping of all sewage 
sludge. 
Recently, however, the U.S. District Court for the Southern 
District of New York ruled in The City of New York v. EPA that EPA's 
conclusive presumption that sewage sludge that is deemed harmful to the 
marine environment pursuant to EPA regulations will unreasonably degrade 
the environment is arbitrary and capricious and inconsistent with the 
MPRSA. The Court concluded that New York City's dumping of sewage 
sludge in the New York Bight could not be prohibited pursuant to this 
statutory bar until EPA allowed New York City the opportunity to show 
that its dumping would not unreasonably degrade the environment and EPA 
ruled on this claim pursuant to the relevant statutory factors of the 
MPRSA, including alternative disposal options, the impact of the dumping 
at the dumpsite and the need for the dumping. 
This paper discusses man's impact on the New York Bight and the 
degree to which these impacts are associated with sewage sludge dumping. 
The paper also contains an assessment of potential benefits if ocean 
dumping of sewage sludge at the 12-Mile New York Bight site is 
terminated. 
Two ocean dumping sites have been suggested as alternatives to the 
12-Mile site and this paper compares the impact of dumping sewage sludge 
at these sites to the 12-Mile site. The 65-Mile site is located on the 
