A bipartisan majority of the New Jersey Congressional Delegation joined together to reintroduce legislation to block the dumping of contaminated dredged materials six miles off the coast of Sandy Hook. 

    Sponsored by Congressmen Chris Smith (NJ-04) and Frank Pallone (NJ-06), the Clean Ocean Preservation Act of 2003 is supported by the majority of the state’s delegation including Congressmen Rob Andrews (NJ-01), Frank LoBiondo (NJ-02), Jim Saxton (NJ-03), Steve Rothman (NJ-09), Rodney Frelinghuysen (NJ-11) and Rush Holt (NJ-12).  

    The legislation is a direct response to a July 2002 decision by a U.S. District Court Judge in New York, who ruled that a 113 ppb (parts per billion) dumping standard for waste containing polychlorinated biphenyl (PCBs) by the Environmental Protection Agency (EPA) did not go through the proper regulatory channels, and thus was not valid.   

    The Smith-Pallone bill was drafted in close consultation with the EPA, which published a rule of 113 ppb in October and is now reviewing public comments that could take several months to complete. Both members wrote legislation to address the issue last year and have worked together to fine-tune the bill introduced today.  Appropriately numbered HR 113, the legislation sets a 113 ppb standard as a ceiling for the amount of PCBs permitted in dredged materials, meaning the EPA can set a lower standard if the science determines that is necessary.   

    “This bill will fix the horribly flawed ruling from last summer and will help keep our waters and beaches safe and clean from toxic pollutants by reinstating the more stringent standard,” Smith said.  “Hopefully, by the time beachgoers begin flocking to our state’s 127 beautiful miles of shoreline this summer, our bill will be law.” 

    “Two years ago, EPA did the right thing for the health of the ocean and the public when the agency finally agreed with us and established a tougher ocean dumping standard,” Pallone said.  “In July, a U.S. District Court put that health at risk.  Our legislation, in conjunction with EPA’s promulgation of a rule, should ensure a permanent standard is soon in place that will protect generations of visitors to the Jersey Shore from negative health effects caused by contaminated water.” 

    U.S. Gypsum, a New York-based company, brought the suit, which invalidated the standard.  Despite winning the suit, the company negotiated with the New Jersey Department of Environmental Protection (DEP) and Congressman Pallone to send more than 107,000 tons of PCB-contaminated waste (128 ppb) to cap a golf course in Bayonne rather than in the ocean waters off of New Jersey, at the Historic Area Remediation Site (HARS), formerly known as the Mud Dump.  

    To prevent companies in the future from moving forward with their plans to pollute New Jersey’s coastal waters, the Clean Ocean Preservation Act of 2003 codifies the 113 ppb interim standard for PCBs by deeming it a final criterion. The legislation also states that the EPA Administrator may only issue a rule that is equal or more protective than 113 ppb. 

    In September 2000, a carefully negotiated agreement had been reached over what the best environmental solution should be for the disposal of dredged material at the HARS.  The final consensus was that any dredged materials to be dumped at the HARS site must have less than 113 ppb of PCB contaminants.