Los Angeles Basin
Contaminated Sediments Task Force

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Interim Contaminated Dredge Material
Management Strategy

 

Introduction

Eight federal, state, and local agencies are in the process of executing a Memorandum of Understanding (MOU) that provides for the development of a long-term management strategy for contaminated dredge material in the Los Angeles area. The agreement establishes a Task Force to develop and implement that Strategy within five years. Due to the time required to develop the Long-Term Strategy, the parties agreed to process projects that came forward in the interim on their individual merits. Additionally, the Task Force recognizes that interim planning and coordination will be useful to resolve problems, streamline the project review process, avoid unnecessary siting of multiple disposal sites, and provide a link to the development of the Long-Term Strategy. Finally, it is not the intent of this program to cover minor or maintenance activities with upland disposal at an approved site.

This interim strategy establishes a process for evaluating dredging and disposal of contaminated dredge material before implementation of the Long-Term Contaminated Sediment Management Strategy. The interim strategy provides that the regulatory agencies will continue to evaluate projects using their existing rules and policies until the Long-Term Strategy has been adopted. The interim strategy also recognizes that, to the extent practicable, information gathered during interim disposal actions, such as from monitoring or experimental project design, may be valuable or tailored to support the development of the Long-Term Strategy.

Evaluation Process

The purpose of this interim process is to provide recommendations that the project proponent may incorporate into the project design and the regulatory processes (Attachment 1) for dredge disposal activities. The interim strategy relies upon an Advisory Committee to evaluate proposed dredging projects and attempt to reach a consensus on an acceptable disposal or reuse alternative. If the proposed project contains components that may contribute to the long-term management strategy effort, the Advisory Committee will review the merits of these components and, as appropriate, provide suggestions to strengthen them. In evaluating the projects’ contribution to the long-term strategy, the Advisory Committee will consider the financial and technical constraints of the project. Additionally, this Interim Strategy requires that the Advisory Committee will coordinate its activities with the Task Force.

Project Review Determination/Criteria

Review of a project by the Advisory Committee will occur at one or both of the following times: 1) at the time of submittal of the sediment analysis plan; 2) after sediment data has been collected and analyzed (Attachment 1). The Interim process is for review of projects involving the disposal of contaminated materials, including unconfined and confined aquatic disposal and upland disposal at a non-designated site, and the beneficial re-use of contaminated dredge material. The Interim Advisory Committee would not normally consider routine maintenance projects with disposal of contaminated material at an approved upland site.

Sampling Plan Review

Advisory Committee review of a sediment sampling and analysis plan will occur at the discretion of the U.S. EPA. If the EPA determines that such a review is necessary, the project proponent shall provide each of the Committee members with a copy of the plan. Within one week of receipt of the plan, each Committee member will provide any comments in writing to all Advisory Committee members. If warranted, the Advisory Committee will hold a meeting will to discuss comments received on the plan.

Interim Disposal Plan Development

Following completion of the sediment sampling and analysis, the project proponent will then prepare a management plan including a description of alternatives considered and potential benefits for the development of the long-term management strategy (see Attachment 2). The project proponent should prepare this plan as early as possible, but not before sediment testing results are available.

Interim Project Advisory Committee Meeting Review

The Interim Advisory Committee will meet on an as-needed basis, to discuss upcoming dredging projects as they arise. In addition to these ad hoc meetings, the Advisory Committee will meet at least twice a year to identify upcoming dredging projects (including reasonably foreseeable projects at Marina Del Rey and the Los Angeles River Estuary), to discuss whether these projects will require Advisory Committee review, and to assess the status and trends of the long-term strategy applicable to specific projects. The Committee will include representatives of the regulatory agencies (U.S. Army Corps of Engineers, Regional Water Quality Control Board, California Coastal Commission), U.S. EPA, a resource agency (California Department of Fish and Game, U.S. Fish and Wildlife Service, or National Marine Fisheries Service), an environmental public interest group, and the project proponent (Attachment 3). The chair of the Committee will rotate among the federal and state governmental agencies.

If feasible, the Advisory Committee will schedule a meeting within two weeks of the submittal of a management disposal plan to the Committee members. At the meeting, the project proponent will present the project to the Committee. The proponent will also discuss the technical, institutional, environmental, and economic factors behind the plan’s contaminated sediment management elements. The Committee will review the project and, if appropriate, will recommend reasonable project modifications that could further the goals of the Task Force.

The chairperson will keep a record of the Committee’s proceedings and summarize the key points of the meeting record at the end of the meeting. Within one week after the meeting, the chairperson will prepare a written summary of the meeting for review by its members.

Agency Review

Following the conclusion of the Advisory Committee meeting(s), the project proponent will continue with normal regulatory process and shall submit the Advisory Committee summary to the regulatory agencies with its permit applications. The Committee’s recommendations are advisory in nature and do not replace the authority vested in the various regulatory agencies.

Emergency Actions

For federally maintained navigation projects, emergency declarations are at the discretion of the U.S. Army Corps of Engineers’ local District Commander. Whenever practicable, the Corps will coordinate emergency dredging operations with the Interim Advisory Committee before initiation of such activities.


ATTACHMENT 1

INTERIM DREDGE MATERIAL DISPOSAL PLAN

PROCESS FLOW SHEET

[Presently Unavailable Here]


ATTACHMENT 2

ELEMENTS OF THE CONTAMINATED DREDGE

MATERIAL MANAGEMENT PLAN

Project Description

The management plan shall include a project description that identifies project purpose, project location, including a map, dredge quantities, project schedule, and, if necessary, monitoring.

Sampling Results

The project proponent should submit the management plan after sampling results, per the existing EPA-approved testing protocol, are available for the project. The Dredge Material Disposal Plan should contain a summary of those sampling efforts including a summary of the bulk chemistry and the toxicity tests (if available).

Management Alternatives Considered

The management plan should include a narrative and/or a matrix of disposal alternatives under consideration. The proponent should also identify the preferred alternative and should state the reasons for accepting or rejecting alternatives. In particular, the project proponent should describe the preferred alternative in enough detail to allow the Committee to make recommendations on the proposed project.

Special Project Benefits

The management plan should include any special features of the proposed project that might further the overall goals and objectives of the long-term management plan but do not unduly burden the proposed project. For example, the project may include a monitoring component that will provide useful information to one or more of the strategy development committees, which the project proponent could design to maximize any benefit to the long-term strategy.


ATTACHMENT 3

INTERIM DREDGE MATERIAL DISPOSAL PLAN

ADVISORY COMMITTEE

 

Agency/Organization

Type

Representative Name
     
Project Proponent   Variable (Corps/Port)
     
U.S. Army Corps of Engineers

 
 

Alt.

 
     
U.S. EPA

 
 

Alt.

 
     
Coastal Commission

 
 

Alt.

 
     
RWQCB

 
 

Alt.

 
     
Resource Agency

 
 

Alt.

 
     
Environmental Group

 
 

Alt.

 
     
     
     

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