Pub. L. 101-640, tit. III, sec. 312

ENVIRONMENTAL DREDGING.

EnactedYear: 1990Length: 297 wordsOfficial source
SEC. 312. ENVIRONMENTAL DREDGING. (a) Operation and Maintenance of Navigation Projects.—Whenever necessary to meet the requirements of the Federal Water 104 STAT. 4640Pollution Control Act, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, may remove, as part of operation and maintenance of a navigation project, contaminated sediments outside the boundaries of and adjacent to the navigation channel. (b) Nonproject Specific.— (1) In general.—The Secretary may remove contaminated sediments from the navigable waters of the United States for the purpose of environmental enhancement and water quality improvement if such removal is requested by a non-Federal sponsor and the sponsor agrees to pay 50 percent of the cost of such removal. (2) Maximum amount.—The Secretary may not expend more than $10,000,000 in a fiscal year to carry out this subsection. (c) Joint Plan Requirement.—The Secretary may only remove contaminated sediments under subsection (b) in accordance with a joint plan developed by the Secretary and interested Federal, State, and local government officials. Such plan must include an opportunity for public comment, a description of the work to be under-taken, the method to be used for dredged material disposal, the roles and responsibilities of the Secretary and non-Federal sponsors, and identification of sources of funding. (d) Disposal Costs.—Costs of disposal of contaminated sediments removed under this section shall be a non-Federal responsibility. (e) Limitation on Statutory Construction.—Nothing in this section shall be construed to affect the rights and responsibilities of any person under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. (f) Termination Date.—This section shall not be effective after the last day of the 5-year period beginning on the date of the enactment of this Act; except that the Secretary may complete any project commenced under this section on or before such last day.