148 



P?:ee 



10-?A92 



3. As a result of my responsibilities at EPA, Region 

 II, I am familiar with the facts and circumstances surrounding 

 New York City's practice of dumping municipal sewage sludge into 

 Che New York Bight Apex of the Atlantic Ocean and with the data 

 regarding the impact of this practice on the marine environment. 

 I have read the affidavit of Francis X. McArdle, Commissioner of 

 the New York City Department of Environmental Protection, dated 

 September 10, 1980, and submitted by the City in support of its 

 motion for partial summary judgment. I am familiar with the 

 studies and research to which he refers throughout his 

 affidavit. Commissioner McArdle concludes that currently 

 available information provides "an overwhelming body of evidence 

 Chat the dumping of sewage sludge has not , in fact, resulted in 

 any significant degradation of Che ocean environmenc . " McArdle 

 Aff. 1[11. It is the view_of EPA, Region 11 that this statement 

 is inaccurate. Indeed, the Agency believes chac significant 

 degradation of the marine environment has taken place at the 

 sewage sludge dumpsite, commonly referred to as the 12 Mile 

 Site, and surrounding areas impacted by activities at the site, 

 and that this degradation is caused, at least in Imporcant part, 

 by the ocean d\imping of sewage sludge. 



4. In October 1979, Dr. R. Lawrence Swanson, 

 Director of the National Oceanic and Atmospheric Administration 

 (NOAA) , Office of Marine Pollution Assessment, testified at an 

 EPA hearing on the City's application for a renewal of its 

 Qumping permit. Dr. Swanson is responsible for the management 

 and oversight of NOAA's research and monitoring activities with 

 regard to the impacts of ocean dumping tinder Title II of the 

 ."marine Protection, Research, and Sanctuaries Act (PL. 92-532, as 



