Ocean Dumping Ban Act of 1988

(Conference report filed in House, H. Rept. 100-1090) Ocean Dumping Ban Act of 1988 - Title I: Ocean Dumping of Sewage Sludge and Industrial Waste - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to prohibit all dumping of sewage sludge and industrial waste into the ocean after 1991. Prohibits the Administrator of the Environmental Protection Agency (EPA) from issuing a sewage sludge or industrial waste ocean dumping permit to persons who did not have such a permit on September 1, 1988. Prohibits persons from dumping sewage sludge or industrial waste into the ocean on and after the 270th day after this Act's enactment, unless they have a permit and have entered into a compliance or enforcement agreement with their State and the Administrator which includes a schedule for phasing-out and terminating ocean dumping. Imposes fees on ocean dumpers for each dry ton of sewage sludge or industrial waste dumped, increasing such fees with the approach of 1992. Apportions amounts collected in the form of fees and dumping penalties imposed pursuant to this Act to: (1) a trust account to be established by dumpers for use in developing and implementing alternative disposal methods; (2) the EPA for ocean dumping enforcement, monitoring, and research activities; (3) State Clean Oceans Funds to be used by States in providing assistance to dumpers in implementing alternative disposal methods; and (4) water pollution control revolving funds established by States under the Federal Water Pollution Control Act. Waives such fees, other than those apportioned to the EPA, for persons who enter a compliance agreement. Requires the Administrator to issue an order against an individual violating this title's dumping provision which requires that such violator obtain a permit and enter into a compliance or enforcement agreement before continuing such dumping. Authorizes the Administrator to request the Attorney General to commence a civil action against such violators. Sets forth State and EPA reporting requirements. Requires the Administrator to design a dumpsite monitoring program which shall be conducted by the Administrator and the Under Secretary of Commerce for Oceans and Atmosphere. Sets forth reporting requirements. Directs the Administrator to report to the Congress, within six months of this Act's enactment, on progress made in using electronic monitoring equipment and other means to monitor and prevent dumping of sewage sludge outside the 106-Mile Ocean Waste Dump Site. Prohibits the disposal of sewage sludge at landfills on Staten Island, New York. Requires New York and New Jersey to use ten percent of their water pollution control revolving fund grants under the Federal Water Pollution Control Act and ten percent of their contributions associated with such grants, in the six months after receiving such grants, to provide loans and other assistance to persons developing alternatives to ocean dumping. Directs the Administrator to report to the Congress, within six months of this Act's enactment, on ocean discharge guidelines established pursuant to the Federal Water Pollution Control Act. Title II: Designation of Areas for Priority Consideration under National Estuary Program - Designates Massachusetts Bay, Massachusetts; Barataria-Terrebonne Bay estuary complex, Louisiana; Indian River Lagoon, Florida; and Peconic Bay, New York for priority consideration under the National Estuary Program. Title III: Dumping of Medical Waste - Subtitle A: Dumping by Public Vessels - United States Public Vessel Medical Waste Anti-Dumping Act of 1988 - Prohibits a public vessel from dumping potentially infectious medical waste into the ocean unless: (1) the health and safety of individuals on board the vessel is threatened; (2) there is a war or declared national emergency; or (3) the waste is disposed of beyond 50 nautical miles from the nearest land and is sterilized (if the vessel is nonsubmersible), properly packaged and sufficiently weighted to prevent it from coming to shore. Requires Federal agency heads to issue guidance for vessels under their jurisdiction. Subtitle B: Dumping by Vessels - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 and the Federal Water Pollution Control Act to prohibit the dumping of medical wastes into the ocean or navigable waters. Sets forth civil monetary penalties, criminal penalties and forfeitures to which violators are subject. Title IV: Shore Protection Act of 1988 - Shore Protection Act of 1988 - Subtitle A: Shore Protection - Requires that vessels carrying municipal or commercial waste within U.S. waters have a permit from the Secretary of Transportation and display a number or other prescribed marking. Provides that such permits shall not run beyond renewable five-year terms and shall terminate when the vessel is sold. Authorizes the Secretary to collect permit fees. Provides that the Secretary is authorized to, and, at the request of the Administrator, required to deny a permit to any vessel for which the owner or operator has a record of a pattern of serious violations of this subtitle or certain other Federal environmental laws. Requires that owners or operators of waste sources make sure that waste material is properly loaded, secured, and offloaded. Requires the Administrator to promulgate regulations further defining such responsibilities. Establishes civil and criminal penalties for violations of this subtitle as well as actions that the Secretary and Administrator are authorized to take to enforce this subtitle. Subtitle B: Related Provisions - Directs the Administrator to conduct a study and report to the Congress, within two years of this Act's enactment, regarding the need for and effectiveness of additional tracking systems for vessels to assure that municipal and commercial waste is not disposed of in U.S. waters. Directs the Secretary to provide recommendations to the Administrator concerning the various tracking systems that might be applicable to vessels transporting municipal or commercial waste. Authorizes appropriations for FY 1989 and 1990 to carry out this title.

(Measure passed Senate, amended, roll call #300 (97-0)) Title I: Ocean Dumping Reform Act of 1988 - Expresses U.S. policy that the ocean dumping of sewage sludge end as soon as possible, but no later than December 31, 1991. Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to prohibit the Environmental Protection Agency (EPA) from issuing a permit to authorize any person not now dumping sewage sludge in the ocean to do so in the future. Prohibits an existing dumper from dumping sewage sludge into the ocean six months after this Act's enactment, unless such dumper enters into a compliance agreement with the EPA and its State before such prohibition takes effect. Requires that such agreement set forth a plan and schedule for the implementation of a system for the management of sewage sludge other than by ocean dumping. Directs the EPA and States to conduct a continuing evaluation of schedule compliance. Limits dumping, six months after this Act's enactment, to the 106-Mile Ocean Waste Dump Site (Dump Site). Prohibits dumpers which are not in full compliance with such schedule from dumping sewage sludge into the Dump Site. Prohibits all dumping of sewage sludge into the ocean after 1991. Requires States to report to the EPA and the EPA to report to the Congress annually, until the cessation of all ocean dumping of sewage sludge, on the progress made toward implementing alternatives to ocean dumping of sewage sludge. Bans the dumping of medical waste into the ocean or navigable waters. Subjects persons who dump sewage sludge into the ocean in violation of this Act or a compliance agreement schedule to civil monetary penalties. Deposits such penalties, in addition to permit fees for ocean dumping of sewage sludge, into a newly created Clean Oceans Fund for: (1) ocean dumping enforcement, monitoring, and research activities; and (2) EPA grants for the implementation of technologies and management practices necessary for controlling pollutants adversely affecting the New York Bight. Directs the EPA to design and implement a program to monitor environmental conditions at the Dump Site and the New York Bight and within the potential areas of influence of sewage sludge dumped at such sites. Requires the EPA to report to the Congress within one year of this Act's enactment on its plan for and the results of such program. Directs the EPA to report to the Congress within six months of this Act's enactment on progress made in using electronic monitoring equipment and/or other means to monitor and prevent the dumping of sewage sludge by vessels in transit to the Dump Site in areas outside the Dump Site. Requires the EPA to provide for public participation in the review of the establishment and implementation of compliance agreements. Amends the Water Quality Act of 1987 to add the Barataria-Terrebonne Estuary Complex in Louisiana to the list of estuaries included in the National Estuary Program. Imposes a fine and/or imprisonment on any person who violates the ban on ocean dumping of medical waste. Title II: Shore Protection Act of 1988 - Requires vessels carrying municipal or commercial waste within U.S. waters to obtain a vessel identification number (permit) from the Coast Guard and display such number on the vessel in a clearly visible manner and location. Sets the permit term at a renewable five years and authorizes the Coast Guard to collect administrative costs from a vessel owner. Provides that the Coast Guard is authorized and, at the request of the Environmental Protection Agency (EPA), required to deny a permit to any vessel for which the owner or operator has a record of a pattern of serious violations of this title or certain other Federal environmental laws. Requires that owners or operators of waste sources make sure that waste material is properly loaded, secured, and offloaded. Requires the EPA to promulgate regulations further defining such responsibilities. Establishes civil and criminal penalties for violations of this title as well as actions that the Coast Guard and EPA are authorized to take to enforce this title. Directs the EPA to conduct a study and report to the Congress, within two years of this Act's enactment, regarding the need for and effectiveness of additional tracking systems for vessels to assure that municipal and commercial waste is not disposed of in U.S. waters. Directs the Coast Guard to conduct a study and report to the Congress, within two years of this Act's enactment, on the relative effectiveness and costs of the various vessel tracking systems. Directs the Coast Guard to make periodic checks for vessel permits and require the installation of appropriate tracking devices. States that this title does not diminish obligations under any other Federal or State law. Authorizes appropriations for FY 1989 and 1990 to support the provisions of this title.

(Reported to Senate from the Committee on Environment and Public Works with amendment, S. Rept. 100-431) Ocean Dumping Reform Act of 1988 - Expresses U.S. policy that the ocean dumping of sewage sludge end as soon as possible, but no later than December 31, 1991. Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to prohibit the Environmental Protection Agency (EPA) from issuing a permit to authorize any person not now dumping sewage sludge in the ocean to do so in the future. Prohibits an existing dumper from dumping sewage sludge into the ocean six months after this Act's enactment, unless such dumper enters into a compliance agreement with the EPA and its State before such prohibition takes effect. Requires that such agreement set forth a plan and schedule for the implementation of a system for the management of sewage sludge other than by ocean dumping. Directs the EPA and States to conduct a continuing evaluation of schedule compliance. Limits dumping, six months after this Act's enactment, to the 106-Mile Ocean Waste Dump Site (Dump Site). Prohibits dumpers which are not in full compliance with such schedule from dumping sewage sludge into the Dump Site. Prohibits all dumping of sewage sludge into the ocean after 1991. Requires States to report to the EPA and the EPA to report to the Congress annually, until the cessation of all ocean dumping of sewage sludge, on the progress made toward implementing alternatives to ocean dumping of sewage sludge. Subjects persons who dump sewage sludge into the ocean in violation of this Act or a compliance agreement schedule to civil monetary penalties. Deposits such penalties, in addition to permit fees for ocean dumping of sewage sludge, into a newly created Clean Oceans Fund for: (1) ocean dumping enforcement, monitoring, and research activities; and (2) EPA grants for the implementation of technologies and management practices necessary for controlling pollutants adversely affecting the New York Bight. Directs the EPA to design and implement a program to monitor environmental conditions at the Dump Site and the New York Bight and within the potential areas of influence of sewage sludge dumped at such sites. Requires the EPA to report to the Congress within one year of this Act's enactment on its plan for and the results of such program. Directs the EPA to report to the Congress within six months of this Act's enactment on progress made in using electronic monitoring equipment and/or other means to monitor and prevent the dumping of sewage sludge by vessels in transit to the Dump Site in areas outside the Dump Site. Requires the EPA to provide for public participation in the review of the establishment and implementation of compliance agreements.

Ocean Dumping Reform Act of 1988 - Amends the Marine Protection, Research, and Sanctuaries Act to outlaw the disposal of sewage sludge into the ocean at the 106-mile Deepwater Municipal Sludge Dumpsite (Dumpsite) after 1991. Directs each State in which a municipal sewage treatment authority permitted to dump sewage sludge at the Dumpsite is located to submit a report to the Administrator of the Environmental Protection Agency in each of the three years following this Act's enactment which: (1) sets forth a schedule for the identification and development of alternatives to sewage sludge dumping at the Dumpsite; (2) identifies the steps being taken to implement programs which facilitate the beneficial uses of sewage sludge; and (3) describes the financial assessments and plans needed to assure the implementation of alternative sewage sludge options prior to 1992. Requires the Administrator to report to the Congress: (1) within three months of the State reports, on the development of alternative sewage sludge disposal options prior to 1992; and (2) within six months of this Act's enactment, on the progress made in monitoring and preventing municipal sludge dumping outside the Dumpsite by vessels en route to such site.