Ocean Dumping Amendments Act of 1985

(Measure passed House, amended)

Ocean Dumping Amendments Act of 1985 - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to include "wetlands" among the factors considered in assessing the effects of dumping.

Prohibits after December 31, 1986, the issuance of any permit for the dumping of municipal sludge unless: (1) the applicant is in compliance with those requirements of the Federal Water Pollution Control Act related to the quality of municipal sludge; and (2) there is not available any land-based alternative to the ocean disposal of the sludge.

Makes dumping site designations by the Administrator of the Environmental Protection Agency (EPA) mandatory.

Includes the following factors in dump site selection: (1) waste types and quantities; (2) detoxification ability of site water; (3) importance of the site to the surrounding biological community; and (4) effects on human health and adjacent ecosystems.

Requires the Administrator at appropriate sites to: (1) monitor the effects of the dumping; and (2) make three-year dumping estimates. States that the Administrator shall close a site or limit dumping as necessary, upon consultation with the Secretary.

Prohibits the ocean dumping of all harmful municipal sludge after 18 months of the date of enactment of this Act. Defines "harmful municipal sludge" as municipal sludge which fails to meet EPA's environmental impact criteria. Permits certain minimal dumping or dumping for research or emergency purposes, as specified.

Requires the Secretary of the Army to consider the relative environmental impact of alternative methods of disposing of dredged material in other than the ocean. Requires the Secretary to monitor dump sites.

Requires the Administrator or the Secretary to impose on permittees any special provisions deemed necessary to minimize the harm from dumping, including measures to find alternative disposal methods, eliminate contaminants, or recycle such materials.

Makes permit processing fees mandatory.

Directs the Administrator and the Secretary to establish quality assurance programs to ensure the validity, accuracy, and sufficiency of information submitted with permit applications.

Sets forth the congressional finding that the New York Bight Apex is no longer suitable for municipal sludge dumping. Requires applicants seeking permits to dump municipal sludge within the Apex to be eligible authorities. Prohibits the Administrator from issuing or renewing permits for the dumping of municipal sludge within the Apex after the earlier of: (1) December 15, 1987; or (2) the first day the Administrator determines sludge can reasonably be dumped at a designated site outside the Apex,

Directs the Administrator to develop, after public hearings, and report to the Congress within three years on a New York Bight Apex Restoration Plan for improving the overall water quality and marine resources of the Apex. Sets forth various activities which must be covered by the plan.

Directs the Administrator to submit to the Congress within six months a schedule for completing the plan and an estimate of the cost for developing and, where possible, implementing the plan. Directs the Administrator to report to the Congress within one year on the economic and technical feasibility of establishing and implementing quality standards for the disposal of municipal sludge through ocean or land-based methods.

Authorizes appropriations for FY 1986 through 1988 to EPA for purposes of preparing the New York Bight Apex Restoration Plan.

Prohibits any but an eligible authority from dumping municipal sludge within the 106-Mile Ocean Waste Dump Site.

Directs the Administrator to designate a site in ocean waters for the dumping of municipal sludge by the Massachusetts Water Resources Authority. Prohibits the use of specified sites for such purpose. Sets forth permit terms and conditions for such site. Authorizes appropriations.

States that the Administrator and the Secretary shall adhere to the requirements of the London Dumping Convention that are binding upon the United States to the extent they are consistent with the requirements of U.S. ocean dumping law.

Sets forth transitional provisions, including "grandfathering" (with certain exceptions) specified dumping sites from amendments under this Act.

Defines "monitoring" and "municipal sludge" for purposes of such Act. Amends the definition of "ocean waters" to include "subjacent areas."

Establishes criminal penalties for the knowing falsification of information or tampering with testing devices required by this Act.

Grants jurisdiction to U.S. district courts to issue writs of mandamus to compel the Administrator to designate dumping sites.

Directs the Administrator to establish and submit to the Congress a dumping designation schedule within 180 days. Requires separate annual report to the Congress by the Administrator and the Secretary.

Authorizes appropriations for FY 1986 and 1988.

Extends specified provisions of the Marine Protection, Research, and Sanctuaries Act of 1972 concerning ocean dumping of materials transported by any person from a location outside the United States into the U.S. exclusive economic zone.

Requires the Administrator to report to the Congress within 18 months on the permit fee systems which implement the Federal waste disposal programs to determine if the distribution of costs is appropriate and the extent to which such fees should be used to promote environmentally sound choices.