Marine Protection, Research, and Sanctuaries Act of 1972 - Title I - Permit Program

Permit Program

Title I of the MPRSA prohibits all ocean dumping, except that allowed by permits, in any ocean waters under U.S. jurisdiction, by any U.S. vessel, or by any vessel sailing from a U.S. port. EPA designates sites for ocean dumping and specifies in each permit where the material is to be disposed. Nearly all of the ocean dumping that takes place today is dredged materials at the hands of the Corps of Engineers and due to the fact that they are the entity primarily responsible for the dredging, they issue permits for ocean dumping of such materials. The dredged materials are sediments removed from the bottom of water bodies, but before they are dumped in the ocean, they must be evaluated to ensure that they are not harmful to human health or to the marine environment.

The basic objective of the permit program is to "prevent or strictly limit the dumping into ocean waters of any material that would adversely affect human health, welfare, or amenities, or the marine environment, ecosystems, or economic potentialities." The Secretary of the Army (through the Corps of Engineers) is authorized to issue permits for dredged material disposal, and EPA is authorized to designate appropriate dump sites.

Dumping restrictions were enacted for both U.S. flag vessels and materials transported from a location outside the U.S. With respect to the latter category, dumping was prohibited within the U.S. territorial sea and the U.S. contiguous zone. A specific dumping prohibition was included for radiological, chemical and biological warfare agents, high-level radioactive waste and medical wastes. Restrictions have since been placed on dumping activities in the New York Bight Apex, and sewage sludge dumping at the "106-Mile Site" offshore of New Jersey ended in 1992.

In order for anyone to dump on US waters, they must follow certain laws. Public Law 97-424, enacted in 1983, placed a 2-year prohibition on ocean dumping of any low-level radioactive waste. Public Law 100-688 terminated the dumping of sewage sludge and waste from industrial companies (commencing with the 270th day after November 18, 1988) under certain conditions. After December 31, 1991, it was prohibited to dump any type of sewage sludge and industrial waste. This law gives EPA the authority to issue emergency permits for the dumping of industrial waste into ocean waters if an unacceptable human health risk exists and no other alternative is available.

Statutes authorizing appropriations to implement Title I were enacted annually through 1977 and, thereafter, in 1980, 1981, and 1988. The 1988 amendments authorized appropriations of $12 million for Title I for each of Fiscal Years 1989 through 1991.

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

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