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.