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I want to thank Chairman Boehlert and the Transportation Subcommittee on Water
Resources and Environment for hosting this hearing today on efforts to protect the Long Island
Sound. As an original cosponsor of my colleague's bill, "The Long Island Sound Restoration
Act" (H.R. 3313), I am very supportive of efforts to support the Long Island Sound Study and for
the proper implementation of the Comprehensive Conservation and Management Plan for the
Long Island Sound.

In light of these important discussions, however, I want to speak in support of my bill,
"The Long Island Sound Protection Act," (H.R. 855), which goes even further to safeguard the
Sound. H.R. 855 would ban dumping of dredged materials that contain toxic substances from
any Federal or non-Federal project in Long Island Sound or Block Island Sound. It does this by
amending the Marine Protection, Research, and Sanctuaries Act of 1972 (MPRSA or "Ocean
Dumping Act") to close loopholes and make sure that the federal government is held to the same
standards that regulate private industry when it comes to dumping dredged materials.

Currently, the MPRSA prohibits all dumping in ocean waters under U.S. jurisdiction, except as allowed by certain permits issued by the Environmental Protection Agency (EPA) under very stringent standards. Generally, the Long Island Sound, and other internal bodies of water like it, were not covered by the stringent requirements of the MPRSA. Instead they were covered by the Clean Water Act criteria, which did not afford the Sound the same protection afforded to ocean waters. Since 1980, however, an amendment to the MPRSA required that dumping of dredged material in Long Island Sound exceeding 25,000 cubic follow the stringent standards of the MPRSA. Unfortunately, the federal government has often ignored the guidelines for dumping dredged material into the Sound, causing significant and possibly irreversible harm.

H.R. 855 is important legislation, Mr. Chairman. Congress made the Long Island Sound
one of the Nation's 28 cherished estuaries, designated so that we can do everything in our power
to protect this very crucial habitat and important waterway. We do not allow private entities to
pollute the Sound with harmful contaminants. They are required, under strict guidelines, to
make sure that they comply with the standards outlined by both the MPRSA and the Clean Water
Act to protect this valuable estuary. Yet the Federal Government continues to ignore the tenants
of these important laws regarding the Long Island Sound, thus necessitating this legislation.

For example, in December 1995, in dredging the Thames River for the Seawolf submarine project, a worthy undertaking, the Army Corps of Engineers and the EPA approved

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dredging without properly designating disposal sites in the Long Island Sound and without doing the appropriate management plans to protect the Sound from contaminants like dioxin. In the case of the Thames River dredging, where over a million cubic yards of contaminated sludge were dumped into the Long Island Sound, dioxins were dumped into the Sound and dispersed.

Furthermore, instead of waiting until conditions were calm, as is required so that there would be minimal dissemination, they dumped a large part of this sludge during storms on Long Island Sound. Because of this noncompliance, 18% of the material dumped is missing and 40% of the most contaminated sediments are lost because the Navy violated its permit and dumped during the severe storms.

This kind of dumping by the Federal Government has endangered the ecosystem in the Long Island Sound. These contaminated sediments quickly found their way into the marine environment and the food chain.

To prevent something like this from happening again, I introduced the "Long Island Sound Preservation and Protection Act" (H.R. 55) in the 105th Congress and reintroduced the bill in the 106th Congress as H.R. 855. I have attempted to work with various executive branch agencies to ensure this legislation receives adequate review and its intent is fully understood. I will continue to work with EPA and the Army Corps of Engineers to bring this proposed legislation to fruition.

I want to make it clear - this legislation in no way prevents dumping. It just requires that the Federal Government must meet the requirements that have been laid out for the private sector. This bill is not intended to stop small marine owners from dredging their harbors and dumping the sediments in Long Island Sound. As such, it will have no negative impact on commercial fishermen, ferryboat operators or pleasure craft operating in the Sound. Instead, H.R. 855 is directed at the Navy and large contaminated dredging projects that threaten our waters and the health of our fisheries and tourism industries. It will prevent future large-scale dumping of toxic materials by the federal government into our cherished estuary.

I want to thank the committee for its willingness to work with me on H.R. 855. I am looking forward to continued cooperation as we advance this bill through the legislative process.

Testimony of Congresswoman Nancy L. Johnson

before the Water Resources and Environment Subcommittee of the Transportation and Infrastructure Committee

February 29, 2000

I would like to thank Congressman Boehlert for convening this hearing and my colleagues from New York and Connecticut for their support of my legislation, H.R. 3313, The Long Island Sound Restoration Act. As we have in the past with issues concerning Long Island

Sound, the two state delegations have worked together to bring this bill to fruition and will work together to ensure its passage.

Long Island Sound was one of the original 11 estuaries designated a National Estuary under the National Estuary Program. Consistent with the requirements laid out by the National Estuary Program, New York and Connecticut, with guidance from the EPA, developed a Comprehensive Conservation and Management Plan (CCMP) which dictates the steps each state must take to end pollution of the Sound. The CCMP lays out a plan to address six core areas: hypoxia, or lack of oxygen in the water caused by high levels of nitrogen; nonpoint source pollutants; toxics in the water; floating debris; pathogens and land use or habitat protection.

The Long Island Sound office, of the Environmental Protection Agency, whose mission is to help Connecticut and New York fulfill their obligations under the CCMP, is authorized for $3 million per year. Its annual appropriation averages around $1 million. Yet, Connecticut estimates that it will spend between $600 million and $900 million over the next 20 years -- $30 million per year -- just to clean up its 85 water treatment plants, the primary antidote against hypoxia. Much of that clean-up will be paid by our towns and cities through a combination of grants from state and loans from the State Revolving Fund. While the grants are generous, totaling 30% of each towns expenses, the 70% in loans can be overwhelming for many of these

small communities.

For instance, the town of Winchester, Connecticut has a cumulative debt of $15 million as a result of upgrades to both their drinking water and waste water plants. They have not yet

added the nitrogen control equipment to their facility. Winchester's 2,500 customers face a daunting task in trying to pay back $15 million. They cannot afford to take on any additional debt, no matter how small.

The Mattabassett District is the regional sewer authority for New Britain, Cromwell and Berlin, Connecticut and serves 102,000 residents. The Mattabassett District estimates that it will have to raise rates by well over 100 percent in order to install the nitrogen removal equipment. This area of the state, once a manufacturing hub for the northeast, has been slow to share in the current economic boom. With little manufacturing base left, it has seen its tax base dry up in recent years. A doubling of water rates could be devastating to the towns and their residents.

Many will argue that Long Island Sound is not a national problem and should be handled by those states most affected by it. Approximately 10% of the American population lives within the Long Island Sound watershed. It is one of the most populated, visited and traveled areas of the country. The Sound contributes $5 billion annually to the regional economy. The ports of Bridgeport, New Haven, and New London -- each in Connecticut -- handle incoming freight from national and international sources. Much of the northeast's heating oil comes in through these ports; over 12 million tons of petroleum products passed through these three ports in 1997. The Port of New Haven handled 622 thousand tons of steel in 1997 making it the 4th largest port of entry for steel products in the United States after New Orleans, Houston and Philadelphia. The New London port is one of the chief ports for lumber exports and home to Groton Naval Shipyard. Further, in 1998, New York and Connecticut caught $23.8 million worth of clams and oysters. Thus, if people aren't enjoying the Sound for its recreational outlets, they are using the products that come in through its ports or consuming the seafood from its waters. The Sound is a body of national significance and calls for a nationwide commitment to its restoration.

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