BOSTON - Under a recent settlement with EPA, Cashman Dredging & Marine Contracting Co., and the joint venture Cashman-Weeks NB, JV, will pay a penalty and perform additional measures for alleged violations of the Marine Protection, Research and Sanctuaries Act (MPRSA and also known as the Ocean Dumping Act).
E.P.A. alleged that the companies violated the Ocean Dumping Act related to dredging plans they conducted in harbors in Portland, Maine and New Bedford, Massachusetts by not following authorizations for the dredging plans issued by the U.S. Army Corps of Engineers (USACE). Specifically, E.P.A. alleged that dredged material was dumped at locations outside of the authorized ocean disposal sites. In the Portland dredging project, it was disposed approximately 1.4 miles from the designated coordinates; in New Bedford dredging projects, it was over three miles.
Under the settlement, Cashman will pay a penalty of $42,000 and implement an "Innovative Technology" Supplemental Environmental Plan (SEP). Under the SEP, Cashman will (1) purchase and install a GPS Interlock for Scow Barge Dumping (the "GeoFence") on each of its 5 scows; (2) subsequently collect data on the operation and performance of the GeoFence; (3) outline a technical paper based on the collected data; (4) give a presentation on the GeoFence at an industry conference; and (5) generally share information on its operation within the dredging industry. The cost of the GeoFence, per scow, is $26,024.77, for a total cost of $130,123.86.
The GeoFence is comprised of a small computer, a GPS, and a relay which will be custom installed on each of Cashman's scows and which will be designed to track the current position of the scow relative to the MPRSA permitted dump location coordinates and it will prevent dumping until the scow is inside the permitted dump location coordinates, thus eliminating the element of human error, a common cause of MPRSA misdumping. In an emergency situation, the system can be overrode by key switch.
Under the Ocean Dumping Act, E.P.A. designates dredged material disposal sites for long-term use. Before designating these sites E.P.A. conducts an extensive environmental review process, including opportunities for public participation. Each designated location has its own location management and monitoring plan. Disposal is strictly prohibited outside these sites because of the potential for harm to the marine environment, and the difficulty in actually assessing what those impacts may be. This action was the result of a coordinated investigation by E.P.A. and the USACE, which issues permits 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, the vast majority of the material ocean dumped from the U.S. is dredged material (sediments removed from the bottom of water bodies to maintain the nation's navigation system). Under the Ocean Dumping Act, the USACE issues permits for the disposal of dredged material subject to E.P.A. concurrence.
Companies that are contracted to perform the dredging of harbors and other waterways are reminded to carefully follow all state and federal permit requirements for both the removal and disposal of dredged sediments. To avoid incidents such as the misdump in this case, it is critical for contractors to ensure that the dredging, transportation, and disposal of sediments are carefully performed, and that they and their subcontractors pay closer attention to such things as: making sure that dredging crews are well trained; adjusting loading levels to match sea conditions; properly maintaining the equipment used for transporting dredged material; and closely following location management and monitoring projects designed to avoid impacts to ecologically sensitive areas. E.P.A. and the USACE will continue to work closely with the dredging community to ensure that these practices are followed, and to seek enhancements in the dredging process whenever possible, such as the GeoFence technology suggested in this case.
More information on EPA's role in dredged materials management: http://water.epa.gov/type/oceb/oceandumping/dredgedmaterial/dredgemgmt.cfm#_ga=1.256749827.989734255.1357159920
