157 



PP: ee 



10-9492 



the other environinental impact criteria. It fails the bacteria 

 and virus criteria and, as noted above, the limiting permissible 

 concentration criteria for liquid and suspended particulate phases. 

 Additionally, the City has not demonstrated compliance with the 

 bioaccumulation criteria for cadmium, mercury, and organohalogens . 

 (It should be noted that most of the test species died in a 10-day 

 test performed by the City in 1979 on the suspended particulate 

 phase). Under the International Convention on Prevention of Marine 

 Pollution by Dumping of Waste and Other Matter, an international 

 treaty to which the United States is a contracting party, cadmium, 

 mercury, and organohalogens may not be present as other than 

 trace contaminants in materials to be ocean dumped. The 

 bioassay and bioaccumulation tests for determining whether they 

 are present only as trace contaminants are the same tests LTA 

 uses to determine compliance with EP.^'s criteria, i.e. the tests 

 the City's sludge has been unable to pass. 



10. I would hope that several facts are apparent from 

 the foregoing statement. First, the Agency does not operate 

 under the misconception that cessation of the City's sludge 

 dumping will solve the problems of the New York Bight Apex. IVe 

 recognize, as articulated by Dr. Swanson, that there are indeed 

 other significant causes of pollution in the area. ( See e.g., 

 Ex. A, pp. 22-24). The Court should be aware that the Agency is 

 involved in a wide variety of plans and programs designed to 

 eliminate or substantially mitigate the pollution caused by 

 these other sources. (For example, since 1976 the Agency has 

 provided over S874 million for the planning, design, and 

 construction of publicly-owned treatment works in the New York 



