§ 1271. — Sediment survey and monitoring.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1271]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I--RESEARCH AND RELATED PROGRAMS
Sec. 1271. Sediment survey and monitoring
(a) Survey
(1) In general
The Administrator, in consultation with the Administrator of the
National Oceanic and Atmospheric Administration and the Secretary,
shall conduct a comprehensive national survey of data regarding
aquatic sediment quality in the United States. The Administrator
shall compile all existing information on the quantity, chemical and
physical composition, and geographic location of pollutants in
aquatic sediment, including the probable source of such pollutants
and identification of those sediments which are contaminated
pursuant to section 501(b)(4).\1\
---------------------------------------------------------------------------
\1\ See References in Text note below.
---------------------------------------------------------------------------
(2) Report
Not later than 24 months after October 31, 1992, the
Administrator shall report to the Congress the findings,
conclusions, and recommendations of such survey, including
recommendations for actions necessary to prevent contamination of
aquatic sediments and to control sources of contamination.
(b) Monitoring
(1) In general
The Administrator, in consultation with the Administrator of the
National Oceanic and Atmospheric Administration and the Secretary,
shall conduct a comprehensive and continuing program to assess
aquatic sediment quality. The program conducted pursuant to this
subsection shall, at a minimum--
(A) identify the location of pollutants in aquatic sediment;
(B) identify the extent of pollutants in sediment and those
sediments which are contaminated pursuant to section 501(b)(4);
\1\
(C) establish methods and protocols for monitoring the
physical, chemical, and biological effects of pollutants in
aquatic sediment and of contaminated sediment;
(D) develop a system for the management, storage, and
dissemination of data concerning aquatic sediment quality;
(E) provide an assessment of aquatic sediment quality trends
over time;
(F) identify locations where pollutants in sediment may pose
a threat to the quality of drinking water supplies, fisheries
resources, and marine habitats; and
(G) establish a clearing house for information on
technology, methods, and practices available for the
remediation, decontamination, and control of sediment
contamination.
(2) Report
The Administrator shall submit to Congress a report on the
findings of the monitoring under paragraph (1) on the date that is 2
years after the date specified in subsection (a)(2) of this section
and biennially thereafter.
(Pub. L. 102-580, title V, Sec. 503, Oct. 31, 1992, 106 Stat. 4865.)
References in Text
Section 501(b)(4), referred to in subsecs. (a)(1) and (b)(1)(B),
means section 501(b)(4) of Pub. L. 102-580, which is set out below.
Codification
Section was enacted as part of the Water Resources Development Act
of 1992 and also as part of the National Contaminated Sediment
Assessment and Management Act, and not as part of the Federal Water
Pollution Control Act which comprises this chapter.
Availability of Contaminated Sediments Information
Section 327 of Pub. L. 102-580 directed Secretary to conduct
national study on information that was currently available on
contaminated sediments of surface waters of United States and compile
information obtained for the purpose of identifying location and nature
of contaminated sediments and, not later than 1 year after Oct. 31,
1992, to transmit to Congress a report on the results of the study.
National Contaminated Sediment Assessment and Management; Short Title;
Definitions; Task Force
Sections 501 and 502 of title V of Pub. L. 102-580 provided that:
``SEC. 501. SHORT TITLE AND DEFINITIONS.
``(a) Short Title.--This title [enacting this section, amending
sections 1412 to 1416, 1420, and 1421 of this title, and enacting
provisions set out below] may be cited as the `National Contaminated
Sediment Assessment and Management Act'.
``(b) Definitions.--For the purposes of sections 502 and 503 of this
title [enacting this section and provisions set out below]--
``(1) the term `aquatic sediment' means sediment underlying the
navigable waters of the United States;
``(2) the term `navigable waters' has the same meaning as in
section 502(7) of the Federal Water Pollution Control Act (33 U.S.C.
1362(7));
``(3) the term `pollutant' has the same meaning as in section
502(6) of the Federal Water Pollution Control Act (33 U.S.C.
1362(6)); except that such term does not include dredge spoil, rock,
sand, or cellar dirt;
``(4) the term `contaminated sediment' means aquatic sediment
which--
``(A) contains chemical substances in excess of appropriate
geochemical, toxicological or sediment quality criteria or
measures; or
``(B) is otherwise considered by the Administrator to pose a
threat to human health or the environment; and
``(5) the term `Administrator' means the Administrator of the
Environmental Protection Agency.
``SEC. 502. NATIONAL CONTAMINATED SEDIMENT TASK FORCE.
``(a) Establishment.--There is established a National Contaminated
Sediment Task Force (hereinafter referred to in this section as the
`Task Force'). The Task Force shall--
``(1) advise the Administrator and the Secretary in the
implementation of this title;
``(2) review and comment on reports concerning aquatic sediment
quality and the extent and seriousness of aquatic sediment
contamination throughout the Nation;
``(3) review and comment on programs for the research and
development of aquatic sediment restoration methods, practices, and
technologies;
``(4) review and comment on the selection of pollutants for
development of aquatic sediment criteria and the schedule for the
development of such criteria;
``(5) advise appropriate officials in the development of
guidelines for restoration of contaminated sediment;
``(6) make recommendations to appropriate officials concerning
practices and measures--
``(A) to prevent the contamination of aquatic sediments; and
``(B) to control sources of sediment contamination; and
``(7) review and assess the means and methods for locating and
constructing permanent, cost-effective long-term disposal sites for
the disposal of dredged material that is not suitable for ocean
dumping (as determined under the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.) [also 16 U.S.C.
1431 et seq., 1447 et seq.; 33 U.S.C. 2801 et seq.]).
``(b) Membership.--
``(1) In general.--The membership of the Task Force shall
include 1 representative of each of the following:
``(A) The Administrator.
``(B) The Secretary.
``(C) The National Oceanic and Atmospheric Administration.
``(D) The United States Fish and Wildlife Service.
``(E) The Geological Survey [now United States Geological
Survey].
``(F) The Department of Agriculture.
``(2) Additional members.--Additional members of the Task Force
shall be jointly selected by the Administrator and the Secretary,
and shall include--
``(A) not more than 3 representatives of States;
``(B) not more than 3 representatives of ports, agriculture,
and manufacturing; and
``(C) not more than 3 representatives of public interest
organizations with a demonstrated interest in aquatic sediment
contamination.
``(3) Cochairmen.--The Administrator and the Secretary shall
serve as cochairmen of the Task Force.
``(4) Clerical and technical assistance.--Such clerical and
technical assistance as may be necessary to discharge the duties of
the Task Force shall be provided by the personnel of the
Environmental Protection Agency and the Army Corps of Engineers.
``(5) Compensation for additional members.--The additional
members of the Task Force selected under paragraph (2) shall, while
attending meetings or conferences of the Task Force, be compensated
at a rate to be fixed by the cochairmen, but not to exceed the daily
equivalent of the base rate of pay in effect for grade GS-15 of the
General Schedule under section 5332 of title 5, United States Code,
for each day (including travel time) during which they are engaged
in the actual performance of duties vested in the Task Force. While
away from their homes or regular places of business in the
performance of services for the Task Force, such members shall be
allowed travel expenses, including per diem in lieu of subsistence,
in the same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703(b) of
title 5, United States Code.
``(c) Report.--Within 2 years after the date of the enactment of
this Act [Oct. 31, 1992], the Task Force shall submit to Congress a
report stating the findings and recommendations of the Task Force.''
Authorization of Appropriations
Section 509(b) of Pub. L. 102-580 provided that: ``There is
authorized to be appropriated to the Administrator to carry out sections
502 and 503 [enacting this section and provisions set out above] such
sums as may be necessary.''
``Secretary'' Defined
Secretary means the Secretary of the Army, see section 3 of Pub. L.
102-580, set out as a note under section 2201 of this title.
