SENATE RESOLUTION No. 49

STATE OF NEW JERSEY

INTRODUCED MAY 30, 1996

By Senator BENNETT

A Senate Resolution opposing the rule changes proposed by the EPA with regard to dredged material testing and any expansion of the Mud Dump Site.

Whereas, Dredged material or "spoils," the sand, silt, and mud that periodically must be removed from navigation channels and ship berths in the port area of New York City and northern New Jersey, is often contaminated with harmful and dangerous substances, including polychlorinated biphenyls, heavy metals, and petroleum hydrocarbons, as well as the highly-toxic chlorinated hydrocarbon known as dioxin, that have been discharged from various industrial sources into the waterways flowing into the port area; and

Whereas, Most of these dredged materials were disposed of at the so-called "Mud Dump Site" until the Environmental Protection Agency (EPA) imposed more stringent rules for testing the toxicity of these materials on marine organisms, resulting in most of the materials dredged from the port area to be declared unsuitable for ocean disposal; and

Whereas, Despite the finding of increased toxicity in dredged materials, the EPA has submitted a new rule proposal, published in the Federal Register on February 29, 1996, that could greatly weaken the requirement that a toxicity and bioaccumulation bioassay be conducted on sediments proposed for ocean dumping, and that might allow harbor muds to be dumped at sea without adequate tests to determine contamination with toxic pollutants, thus potentially threatening human health, commercial and sport fisheries, marine mammals and other aquatic resources; and

Whereas, Currently, dredged sediments that are proposed for ocean dumping must be tested against three different types of marine animals, while the new rule proposal would eliminate this requirement in favor of using only two types of marine animals, thus inherently weakening the environmental protections afforded by the current requirements; and

Whereas, The United States Army Corps of Engineers is currently exploring a possible expansion of the Mud Dump Site, thereby increasing the potential for future disposal of contaminated dredged materials and further threatening aquatic resources; and

Whereas, The continued ocean disposal of this dredged material may result in adverse environmental impacts such as a reduction of dissolved oxygen levels at the disposal site, increased disease and mortality in fish and shellfish, and the presence of elevated levels of toxic compounds and bacteria, which could adversely affect the State's travel and tourism, fishing, and other water-dependent industries located in the coastal area; now, therefore,

    Be It Resolved by the Senate of the State of New Jersey:

    1. The Senate of the State of New Jersey hereby opposes any proposed weakening of the toxicity testing of dredged materials.

    2. The Senate of the State of New Jersey further opposes any expansion of the Mud Dump Site to accommodate additional open ocean disposal of potentially contaminated dredged materials.

    3. A duly authorized copy of this resolution, signed by the President of the Senate and attested by the Secretary thereof, shall be transmitted to the Governor of the State of New Jersey.

STATEMENT

    This resolution opposes the recent rules changes proposed by the Environmental Protection Agency (EPA) that could greatly weaken the toxicity testing of dredged materials currently employed by the EPA. The resolution further opposes any proposed expansion of the Mud Dump Site to accommodate increased ocean disposal of potentially contaminated dredged materials.

Opposes proposed EPA rules on dredging and expansion of Mud Dump Site.