33 U.S.C. § 1272 : US Code - Section 1272: Environmental dredging

Search 33 U.S.C. § 1272 : US Code - Section 1272: Environmental dredging

(a) Operation and maintenance of navigation projects
Whenever necessary to meet the requirements of the Federal Water
Pollution Control Act [33 U.S.C. 1251 et seq.], the Secretary, in
consultation with the Administrator of the Environmental Protection
Agency, may remove and remediate, as part of operation and
maintenance of a navigation project, contaminated sediments outside
the boundaries of and adjacent to the navigation channel.
(b) Nonproject specific
(1) In general
The Secretary may remove and remediate contaminated sediments
from the navigable waters of the United States for the purpose of
environmental enhancement and water quality improvement if such
removal and remediation is requested by a non-Federal sponsor and
the sponsor agrees to pay 35 percent of the cost of such removal
and remediation.
(2) Maximum amount
The Secretary may not expend more than $50,000,000 in a fiscal
year to carry out this subsection.
(c) Joint plan requirement
The Secretary may only remove and remediate contaminated
sediments under subsection (b) of this section in accordance with a
joint plan developed by the Secretary and interested Federal,
State, and local government officials. Such plan must include an
opportunity for public comment, a description of the work to be
undertaken, the method to be used for dredged material disposal,
the roles and responsibilities of the Secretary and non-Federal
sponsors, and identification of sources of funding.
(d) Disposal costs
Costs of disposal of contaminated sediments removed under this
section shall be a (!1) shared as a cost of construction.
(e) Limitation on statutory construction
Nothing in this section shall be construed to affect the rights
and responsibilities of any person under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 [42
U.S.C. 9601 et seq.].
(f) Priority work
In carrying out this section, the Secretary shall give priority
to work in the following areas:
(1) Brooklyn Waterfront, New York.
(2) Buffalo Harbor and River, New York.
(3) Ashtabula River, Ohio.
(4) Mahoning River, Ohio.
(5) Lower Fox River, Wisconsin.
(6) Passaic River and Newark Bay, New Jersey.
(7) Snake Creek, Bixby, Oklahoma.
(8) Willamette River, Oregon.
(g) Nonprofit entities
Notwithstanding section 1962d-5b of title 42, for any project
carried out under this section, a non-Federal sponsor may include a
nonprofit entity, with the consent of the affected local
government.