[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR225.2]

[Page 203]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 225--CORPS OF ENGINEERS DREDGED MATERIAL PERMITS--Table of Contents
 
Sec. 225.2  Review of Dredged Material Permits.

    (a) The District Engineer shall send a copy of the public notice to 
the appropriate Regional Administrator, and set forth in writing all of 
the following information:
    (1) The location of the proposed disposal site and its physical 
boundaries;
    (2) A statement as to whether the site has been designated for use 
by the Administrator pursuant to section 102(c) of the Act;
    (3) If the proposed disposal site has not been designated by the 
Administrator, a statement of the basis for the proposed determination 
why no previously designated site is feasible and a description of the 
characteristics of the proposed disposal site necessary for its 
designation pursuant to part 228 of this subchapter H;
    (4) The known historical uses of the proposed disposal site;
    (5) Existence and documented effects of other authorized dumpings 
that have been made in the dumping area (e.g., heavy metal background 
reading and organic carbon content);
    (6) An estimate of the length of time during which disposal will 
continue at the proposed site;
    (7) Characteristics and composition of the dredged material; and
    (8) A statement concerning a preliminary determination of the need 
for and/or availability of an environmental impact statement.
    (b) The Regional Administrator will within 15 days of the date the 
public notice and other information required to be submitted by 
paragraph (a) of Sec. 225.2 are received by him, review the information 
submitted and request from the District Engineer any additional 
information he deems necessary or appropriate to evaluate the proposed 
dumping.
    (c) Using the information submitted by the District Engineer, and 
any other information available to him, the Regional Administrator will 
within 15 days after receipt of all requested information, make an 
independent evaluation of the proposed dumping in accordance with the 
criteria and respond to the District Engineer pursuant to paragraph (d) 
or (e) of this section. The Regional Administrator may request an 
extension of this 15 day period to 30 days from the District Engineer.
    (d) When the Regional Administrator determines that the proposed 
dumping will comply with the criteria, he will so inform the District 
Engineer in writing.
    (e) When the Regional Administrator determines that the proposed 
dumping will not comply with the criteria he shall so inform the 
District Engineer in writing. In such cases, no Dredged Material Permit 
for such dumping shall be issued unless and until the provisions of 
Sec. 225.3 are followed and the Administrator grants a waiver of the 
criteria pursuant to Sec. 225.4.