article: SECTION 1. SHORT TITLE. This Act may be cited as the ``New Jersey Marine Ecosystem Protection Act of 1996''. SEC. 2. PURPOSE. The purpose of this Act is to preserve and restore the fisheries and other marine wildlife of the New York Bight by closing the Mud Dump Site and ending the practice of disposal of contaminated dredged material within that area. SEC. 3. CLOSURE OF MUD DUMP SITE. (a) Termination of Dumping.--On and after September 1, 1997, no person shall transport any dredged material for the purpose of dumping it into ocean waters at the Mud Dump Site, other than for purposes of remediation in accordance with subsection (c). (b) Conditions for Dumping Before Termination.-- (1) Category i and category ii dredged material only.-- After the date of the enactment of this Act, no person shall transport any dredged material for the purpose of dumping it into ocean waters at the Mud Dump Site, other than Category I dredged material or Category II dredged material. (2) Conditions for category ii dredged material.--After the date of the enactment of this Act, no person shall transport any Category II dredged material for the purpose of dumping it into ocean waters at the Mud Dump Site, unless the applicant for a permit for the transport under title I of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1411 et seq.) has certified, and the Secretary of the Army has published a finding of, the following: (A) The affected States or ports were requested to provide alternative sites for disposal of the material and failed to provide a reasonable alternative site. (B) Dumping of the material (including necessary capping material) at the Mud Dump Site will not increase the elevation of the ocean bottom at the Mud Dump Site-- (i) such that the depth of the ocean at that site is less than 65 feet below the surface of the ocean; and (ii) above an elevation designed, based on scientific evidence, to contain the material within the lateral limits of the Mud Dump Site. (c) Site Remediation.-- (1) Plan.--The Administrator of the Environmental Protection Agency, in cooperation with the Secretary of Commerce and the Secretary of the Army, shall develop a remediation and restoration plan in accordance with applicable laws and regulations for the Mud Dump Site and surrounding areas. (2) Designation of site.--The Administrator of the Environmental Protection Agency shall designate the Mud Dump Site and surrounding areas that have historically been used for disposal of contaminated material as the Historic Area Remediation Site under part 228 of title 40, Code of Federal Regulations, effective September 1, 1997. (3) Management of site.--The Historic Area Remediation Site-- (A) shall be managed to reduce impacts at that site to acceptable levels in accordance with part 228.11(c) of title 40, Code of Federal Regulations; and (B) shall be remediated with uncontaminated dredged material that-- (i) meets standards for Category I dredged material; and (ii) will not cause significant undesirable effects, including such effects through bioaccumulation. (d) Modification of Environmental Assessment.--The Secretary of the Army and the Administrator of the Environmental Protection Agency shall modify environmental assessment activities at the Mud Dump Site as appropriate to reflect the provisions of this Act. SEC. 4. TERMINATION OF OTHER OCEAN DUMPING OF DREDGED MATERIAL OFF OF COAST OF NEW JERSEY. (a) In General.--On and after September 1, 1997, no person shall transport any dredged material for the purpose of dumping it into ocean waters in the New York Bight Apex outside of the Historic Area Remediation Site designated under section 3(c), or into waters of the New York-New Jersey Harbor. (b) Prohibition on Designation of Sites and Issuance of Permits.-- The Administrator of the Environmental Protection Agency may not designate any new site for ocean dumping of dredged material within the New York Bight Apex, and the Secretary of the Army may not issue any permit for transportation of dredged material for the purpose of dumping it in the New York Bight Apex, except in accordance with this Act. SEC. 5. VIOLATIONS. Any violation of section 3 (a) or (b) or section 4(a) shall be treated as a violation of title I of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1411 et seq.). SEC. 6. DISPOSAL ALTERNATIVES. (a) In General.--The Secretary of the Army, in cooperation with the Administrator of the Environmental Protection Agency, the Secretary of Transportation, State and local governments, and environmental and port interests, may establish, operate, and maintain a confined dredged material disposal facility or facilities within the confines of the Port of New York and New Jersey. Costs associated with implementation of this section shall be paid by non-Federal interests in substantially the same manner as costs are required to be paid by non-Federal interests under section 101 of the Water Resources Development Act of 1986 (33 U.S.C. 2211). (b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $260,000,000. SEC. 7. DEFINITIONS. In this Act: (1) Terms defined in marine protection, research, and sanctuaries act of 1972.--Any term used in this Act that is defined in section 3 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1402) has the meaning given the term in that section. (2) Category i and category ii dredged material.--Each of the terms ``Category I dredged material'' and ``Category II dredged material'', respectively, means such material as determined under the 1992 United States Army Corps of Engineers New York District and the Environmental Protection Agency Region II Guidance for Performing Tests on Dredged Material Proposed for Ocean Disposal. (3) Mud dump site.--The term ``Mud Dump Site'' means the area designated by the Administrator of the Environmental Protection Agency under part 228.115(d)(6) of title 40, Code of Federal Regulations, as the New York Bight Dredged Material Disposal Site (Mud Dump) in the New York Bight Apex, North Atlantic Ocean for the disposal of dredged material generated in the Port of New York and New Jersey and nearby harbors. (4) New york bight apex.--The term ``New York Bight Apex'' means the ocean waters of the Atlantic Ocean westward of 73 degrees 30 minutes west longitude and northward of 40 degrees 10 minutes north latitude.
summary: New Jersey Marine Ecosystem Protection Act of 1996 - Prohibits the transport of dredged material for the purpose of dumping it into ocean waters at the New York Bight Dredged Material Disposal Site (Mud Dump Site), other than for remediation pursuant to this Act, on and after September 1, 1997. Prohibits, after the date of this Act's enactment, the transport of: (1) dredged material for such purpose, other than Category I or II dredged material; and (2) Category II dredged material for such purpose unless the applicant for a transport permit has certified, and the Secretary of the Army has published a finding, that the affected States or ports were requested to provide alternate disposal sites and failed to provide a reasonable alternative site, and that dumping at the Mud Dump Site will not increase the elevation of the ocean bottom at such Site beyond a certain point. Directs: (1) the Administrator of the Environmental Protection Agency to develop a remediation and restoration plan in accordance with applicable laws and regulations for the Mud Dump Site and surrounding areas and to designate such Site and areas that have been used for disposal of contaminated material as the Historic Area Remediation Site (to be managed as specified); and (2) the Secretary and Administrator to modify environmental assessment activities at the Mud Dump Site as appropriate to reflect the provisions of this Act. Prohibits the transport of dredged material for the purpose of dumping it into ocean waters in the New York Bight Apex outside the Historic Area Remediation Site, or into waters of the New York-New Jersey Harbor on and after September 1, 1997. Prohibits the Administrator from designating any new site for ocean dumping of dredged material within the Apex, and the Secretary from issuing any permit for transportation of dredged material for the purpose of dumping it in the Apex, except in accordance with this Act. Prescribes penalties for violations of this Act. Directs the Secretary to establish, operate, and maintain a confined dredged material disposal facility or facilities within the confines of the Port of New York and New Jersey. Authorizes appropriations.