33 U.S.C. § 2239 : US Code - Section 2239: Repealed. Pub. L. 101-640, title IV, Sec. 412(f), Nov. 28, 1990, 104 Stat. 4650

Search 33 U.S.C. § 2239 : US Code - Section 2239: Repealed. Pub. L. 101-640, title IV, Sec. 412(f), Nov. 28, 1990, 104 Stat. 4650

Section, Pub. L. 99-662, title II, Sec. 211, Nov. 17, 1986, 100
Stat. 4106; Pub. L. 100-676, Sec. 32, Nov. 17, 1988, 102 Stat.
4030, directed Administrator of Environmental Protection Agency to
designate one or more sites for disposal of dredged material as an
alternative to disposal at the Mud Dump in New Jersey.
SEDIMENTS DECONTAMINATION TECHNOLOGY
Pub. L. 102-580, title IV, Sec. 405, Oct. 31, 1992, 106 Stat.
4863, as amended by Pub. L. 104-303, title II, Sec. 226, Oct. 12,
1996, 110 Stat. 3697; Pub. L. 106-53, title II, Sec. 204, Aug. 17,
1999, 113 Stat. 285, provided that:
"(a) Decontamination Project. -
"(1) Selection of technologies. - Based upon a review of
decontamination technologies identified pursuant to section
412(c) of the Water Resources Development Act of 1990 [Pub. L.
101-640, set out below], the Administrator of the Environmental
Protection Agency and the Secretary shall, within 1 year after
the date of the enactment of this Act [Oct. 31, 1992], jointly
select removal, pre-treatment, post-treatment, and
decontamination technologies for contaminated marine sediments
for a decontamination project in the New York/New Jersey Harbor.
"(2) Recommended program. - Upon selection of technologies, the
Administrator and the Secretary shall jointly recommend a program
of selected technologies to assess their effectiveness in
rendering sediments acceptable for unrestricted ocean disposal or
beneficial reuse, or both.
"(3) Project purpose. - The purpose of the project to be
carried out under this section is to provide for the development
of 1 or more sediment decontamination technologies on a pilot
scale demonstrating a capacity of at least 500,000 cubic yards
per year.
"(4) Practical end-use products. - Technologies selected for
demonstration at the pilot scale shall be intended to result in
practical end-use products.
"(5) Assistance by the secretary. - The Secretary shall assist
the project to ensure expeditious completion by providing
sufficient quantities of contaminated dredged material to conduct
the full-scale demonstrations to stated capacity.
"(b) Decontamination Defined. - For purposes of this section,
'decontamination' may include local or remote prototype or
production and laboratory decontamination technologies, sediment
pre-treatment and post-treatment processes, and siting, economic,
or other measures necessary to develop a matrix for selection of
interim prototype of long-term processes. Decontamination
techniques need not be preproven in terms of likely success.
"(c) Authorization of Appropriations. - There is authorized to be
appropriated to carry out this section $22,000,000 to complete
technology testing, technology commercialization, and the
development of full scale processing facilities within the New
York/New Jersey Harbor. Such sums shall remain available until
expended.
"(d) Reports. - Not later than September 30, 1998, and
periodically thereafter, the Administrator and the Secretary shall
transmit to Congress a report on the results of the project to be
carried out under this section, including an assessment of the
progress made in achieving the purpose of the project set forth in
subsection (a)(3).
"(e) Support. - In carrying out the program under this section,
the Secretary is encouraged to use contracts, cooperative
agreements, and grants with colleges and universities and other non-
Federal entities."
ALTERNATIVES TO MUD DUMP SITE FOR DISPOSAL OF DREDGED MATERIAL
Section 412 of Pub. L. 101-640 provided that:
"(a) Report. - Within 90 days after the date of the enactment of
this Act [Nov. 28, 1990], the Administrator of the Environmental
Protection Agency shall submit to the Congress a final report on
the feasibility of designating an alternative site to the Mud Dump
Site at a distance not less than 20 miles from the shoreline.
"(b) Plan. - Within 180 days after the date of the enactment of
this Act [Nov. 28, 1990], the Secretary and the Administrator of
the Environmental Protection Agency shall submit to Congress a plan
for the long-term management of dredged material from the New
York/New Jersey Harbor region. The plan shall include -
"(1) an identification of the source, quantities, and
characteristics of material to be dredged;
"(2) a discussion of potential alternative sites for disposal
of dredged material, including the feasibility of altering the
boundaries of the Mud Dump Site;
"(3) measures to reduce the quantities of dredged material
proposed for ocean disposal;
"(4) measures to reduce the amount of contaminants in materials
proposed to be dredged from the Harbor through source controls
and decontamination technology;
"(5) a program for monitoring the physical, chemical, and
biological effects of dumping dredged material at the Mud Dump
Site; and
"(6) a study of the characteristics of the bottom sediments,
including type and distribution.
"(c) Demonstration Project. - The Secretary, in consultation with
the Administrator of the Environmental Protection Agency, shall
implement a demonstration project for disposing on an annual basis
up to 10 percent of the material dredged from the New York/New
Jersey Harbor region in an environmentally sound manner other than
by ocean disposal. Environmentally sound alternatives may include,
among others, capping of borrow pits, construction of a containment
island, application for landfill cover, habitat restoration, and
use of decontamination technology.
"(d) Mud Dump Site Defined. - For purposes of this section, the
term 'Mud Dump Site' means the area located approximately 5 3/4
miles east of Sandy Hook, New Jersey, with boundary coordinates of
40 degrees, 23 minutes, 48 seconds North, 73 degrees, 51 minutes,
28 seconds West; 40 degrees, 21 minutes, 48 seconds North, 73
degrees, 50 minutes, 00 seconds West; 40 degrees, 21 minutes, 48
seconds North; 73 degrees, 51 minutes, 28 seconds West; and 40
degrees, 23 minutes, 48 seconds North; 73 degrees, 50 minutes, 00
seconds West.
"(e) Authorization of Appropriations. - There are authorized to
be appropriated to the Secretary for fiscal year 1991, $3,000,000
to implement subsection (b) and $1,000,000 to implement subsection
(c), and such sums as may be necessary for fiscal year 1992.
"(f) Repeal. - Section 211 of the Water Resources Development Act
of 1986 (33 U.S.C. 2239) is repealed."