Marine Protection, Research, and Sanctuaries Act of 1972 - Ocean Dumping in Texas

Ocean Dumping in Texas

Improperly disposed of waste in Gulf waters is a major threat to marine mammals, birds and other aquatic life. Waste materials thrown off of garbage ships often entangle, maim and kill these aquatic creatures. Fish and marine mammals often eat synthetic materials, which then enters the food chain. Finally, this debris accumulates on the Texas coast, affecting both tourism and estuarine habitats. To address this beach debris problem, the Gulf of Mexico has been earmarked as a special area under the international MARPOL treaty, which regulates marine pollution around the world. Under the treaty, the dumping of solid waste by any boat from any nation would be prohibited in a special area. The designation of "special areas," however, will not take effect until all countries sharing the Gulf have constructed special port garbage reception facilities.

Table 3. HOW ARE 404 PERMITS APPROVED?

1. Individual wishing to discharge dredged or fill material applies to U.S. Army Corps of Engineers for Section 404 permit.

2. Corps of Engineers publishes a Public Notice that it has received a Section 404 application.

3. The Texas Natural Resource Conservation Commission and the U.S. Army Corps of Engineers review the application under Section 401 of the Federal Clean Water Act.

4. A public hearing is held if any party requests one during the 30-day public notice period.

5. Texas Natural Resource Conservation Commission completes review of request for Section 404 certification. The state may:

a. deny the certification

b. grant the certification

c. grant the certification only if certain conditions are met

d. waive certification of the 401 permit

6. If the state waives certification or certifies the Section 404 application, a Section 404 permit may be granted by the U.S. Army Corps of Engineers. However, the Corps of Engineers may also choose to deny the permit, based on its own review. Both the U.S. Army Corps of Engineers and the Texas Natural Resource Conservation Commission must approve of the permit in order for filling and dredging activities to begin.

Read more about this topic:  Marine Protection, Research, And Sanctuaries Act Of 1972

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