§ 2239. — Repealed.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2239]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 36--WATER RESOURCES DEVELOPMENT
SUBCHAPTER II--HARBOR DEVELOPMENT
Sec. 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 Repealed.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.''
