BOSTON (Nov. 13, 2023) – The U.S. Environmental Protection Agency (EPA) has settled an administrative penalty action issued against Great Lakes Dredge & Dock Co., LLC for violations of the Marine Protection, Research, and Sanctuaries Act ("MPRSA") (commonly known as the Ocean Dumping Act) relating to dredging for the Portsmouth Harbor Federal Navigation Project in a manner inconsistent with authorizations issued by the U.S. Army Corps of Engineers ("USACE"). Specifically, EPA alleged that on March 20, 2022, dredged material was dumped at a location outside of the authorized ocean disposal site in the Gulf of Maine near Isles of Shoals, New Hampshire.
Under the terms of the settlement, Great Lakes has agreed to pay a penalty of $92,500 and to undertake mitigation projects designed to prevent future "misdumps." The mitigation projects, which are estimated to cost more than $100,000, involve retrofitting Great Lakes' scows with an electronic "fencing" system and installing additional preventative measures such as secondary dump initiation buttons, which require two steps to initiate every dumping sequence.
"Proper disposal of dredged material plays a vital part in protecting our oceans," said EPA New England Administrator David W. Cash. "EPA works to enforce statutory provisions to protect the marine environment while maintaining safe maritime navigation."
Electronic fencing systems are designed to greatly reduce the element of human error, a common cause of MPRSA misdumping. Other than in emergency situations where the system needs to be overridden, the electronic fencing system prevents a scow from opening except in the approved area within the MPRSA-designated disposal site.
Federal agencies view misdumps such as in this case as significant violations because the failure to fully comply with the dredged material permit undermines the integrity of the Ocean Dumping Act's regulatory structure and may cause temporary or even permanent harm to the marine environment.
The Ocean Dumping Act authorizes EPA to designate dredged material disposal sites for long-term use, but only after extensive environmental studies and public participation, and each site has its own site management and monitoring plan. Disposal is strictly prohibited outside these sites because of the potential for irreparable harm to the marine environment, and the difficulty in assessing what those impacts may be. This action stemming from noncompliance with the Ocean Dumping Act was the result of a coordinated investigation by EPA and the USACE, which issues permits and contract specifications for the disposal of dredged material.
The passage of the Ocean Dumping Act in 1972 marked a major milestone in the protection of the marine environment. The Act bans ocean disposal of a number of materials (such as radiological, chemical, and biological warfare agents) and requires a permit for the ocean dumping of certain other materials. Today, most of the material ocean dumped from the United States is dredged material (sediments removed from the bottom of water bodies to maintain the nation's navigation system). The dredged material is extensively tested prior to disposal to ensure minimal potential for impacts to the marine environment.
Companies contracted to dredge harbors and other waterways are instructed to carefully follow all state and federal authorization requirements and contract specifications for both the removal and disposal of dredged sediments. To avoid misdump incidents such as in this case, contractors must ensure that the dredging, transportation, and disposal of sediments are carefully performed. Contractors and subcontractors must also ensure that that they are adjusting loading levels to match sea conditions; properly maintaining the equipment used for transporting dredged material; closely following site management and monitoring plans designed to avoid impacts to ecologically sensitive areas; and that dredging crews are well trained.
EPA and the USACE will continue to work closely with the dredging community to ensure that these practices are followed and to seek improvements in the dredging process whenever possible.
from EPA News Releases https://ift.tt/KFt8xHj