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Governor Romney Signs Critical Bill Permanently Banning the Dumping of Dredge Spoils in Buzzards Bay July 31, 2006 CONTACT: Korrin N. Petersen, Esq., Advocacy Director The Coalition for Buzzards Bay (508) 999-6363, ext. 206 NEW BEDFORD, MA—The Coalition for Buzzards Bay today hailed the passage of H4884, "An Act Relative to Dredge Spoil Disposal in Buzzards Bay" which was signed by Governor Romney on Friday, July 28. The law permanently bans the dumping of dredge spoils in Buzzards Bay. "This bill effectively takes the threat of dredge dumping in the Bay permanently off the table," commented Mark Rasmussen, Executive Director/Baykeeper of the Coalition. "It's not every day where we are able to make such a significant step forward in the ongoing battle to save Buzzards Bay from inappropriate uses like dumping." The Coalition worked closely with the legislative delegation and the Governor's office to advocate for passage of the ban. The bill notes that whereas Buzzards Bay was designated as an area of special interest by the Commonwealth in 2004 in recognition of its environmental and economic importance, using the Bay as a dumping ground for dredge spoils is not in the public interest. At a time when the citizens of the region are working hard to improve declining conditions in the Bay, burdening the Bay by dumping dredge spoils does not make sense. The dumping of dredge spoils would have an immediate negative environmental effect in Buzzards Bay by smothering productive bottom habitat for aquatic plant and animal species, including commercial species such as lobsters, bay scallops and scup. Dredge dumping areas suffer for as long as the dumping is allowed to continue and often well beyond completion. If different types of sediments are mixed, the bottom may never recover to its original characteristics. Dredge material from harbors may contain trace elements of heavy metals and pesticides, and may consist of nutrient rich material that will further degrade the Bay. Also, opening this dredge site could provide a means for transporting red tide into the Bay causing tremendous economic and environmental losses. Because of these concerns, many leading local scientists have taken a stand against the use of the Bay for disposal. The bill specifically exempts "beneficial reuse projects" which may include, beach nourishment, salt marsh restoration, dune restoration, or as capping material for underwater contamination. Throughout the country and around the world, governments have found that dredge spoils have value when used for beneficial reuse purposes and that opening of near shore dumping sites provide a disincentive to such projects. "The Coalition stands ready to work with the Commonwealth to insure that necessary dredging projects are matched with appropriate reuse needs," said Korrin N. Petersen, Esq., Advocacy Director for the Coalition. California, Maryland, New York, Connecticut, and Rhode Island have all recently taken steps to limit or eliminate near shore dredge dumping in bays, sounds and estuaries. Examples of local beneficial reuse include: material from New Bedford Harbor being used to cap a contaminated section of the outer harbor; a small marina dredge project in Falmouth being used to help cap the Bourne Landfill; the capping of the Marion landfill with dredge spoils from a Quincy project; and projects currently in Westport and Falmouth where local dredging will support beach nourishment. These beneficial projects may not have happened had there been a near shore dredge site. The bill was drafted this past winter in response to a request by the Massachusetts Office of Coastal Zone Management to reopen a Dredge Disposal Site in Buzzards Bay near the site of an abandoned disposal area off the coast of West Falmouth. After strong advocacy on the part of The Coalition for Buzzards Bay and the Town of Falmouth, highlighting the environmental impacts of the proposal and the state's inability to document the need for a new disposal site, the request was withdrawn by the state. The signing of the Buzzards Bay Dredge Disposal Ban Bill today comes in the same week as the decision by a federal judge to strike down the Massachusetts Oil Spill Prevention Act effectively exposing the Bay again to an oil spill similar to the one that occurred in April 2003. Last Monday the court ruled significant portions of the state bill unconstitutional resulting in the loss of a tug escort and local pilot for oil barges transitting the Bay. The Massachusetts Attorney General and The Coalition for Buzzards Bay, co-defendents in the case, are currently assessing appeal options. "In a week where Buzzards Bay took a real hit from the federal court, we commend Governor Romney for his strongleadership in protecting the Bay by making this new Dredge Disposal Ban happen," added Rasmussen. "At every step of the legislative process, our local legislative delegation has been amazing. We particularly want to thank State Representative Eric Turkington, and State Senator Therese Murray the bill's original co-sponsors, and State Representative Bill Straus and State Senator Mark Montigny for sheparding the bill through their respective houses." "Buzzards Bay is environmentally and economically important to our area and to the entire Commonwealth," said Senator Therese Murray (D-Plymouth), the Senate's budget chief and co-sponsor of the bill. "Fortunately, with this legislation, wewere able to prevent efforts to open the area to the dumping of dredge spoils. I am proud that we were able to protect Buzzards Bay for the residents of Massachusetts." "The dumping of dredge spoils a mile off the Falmouth coast was stopped in 1989 for a good reason. Thanks to this legislation it will never start up again," added State Representative Eric Turkington (D-Falmouth) and co-sponsor of the bill, "We all owe a debt of gratitude to the Falmouth Conservation Commission and Department of Natural Resources and all the Falmouth advocates who worked so hard on this issue." State Representative William Straus (D-Marion) explained, "This legislation will prove to be an important permanent protection for Buzzards Bay and its resources. This could not have happened without the local work of many volunteers who kept the legislature focused on passing the bill." 116 kb] The Coalition for Buzzards Bay is a private, non-profit membership organization dedicated to the protection, restoration, and sustainable use of Buzzards Bay and its watershed. The organization works to improve the health of the Bay ecosystem for all through education, conservation, research and advocacy and is supported by more than 4,700 members.
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