[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: 40CFR225.3]

[Page 203-204]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 225--CORPS OF ENGINEERS DREDGED MATERIAL PERMITS--Table of Contents
 
Sec. 225.3  Procedure for invoking economic impact.

    (a) When a District Engineer's determination to issue a Dredged 
Material Permit for the dumping of dredged material into ocean waters 
has been rejected by a Regional Administrator upon application of the 
Criteria, the District Engineer may determine

[[Page 204]]

whether, under section 103(d) of the Act, there is an economically 
feasible alternative method or site available other than the proposed 
dumping in ocean waters. If the District Engineer makes any such 
preliminary determination that there is no economically feasible 
alternative method or site available, he shall so advise the Regional 
Administrator setting forth his reasons for such determination and shall 
submit a report of such determination to the Chief of Engineers in 
accordance with 33 CFR 209.120 and 209.145.
    (b) If the decision of the Chief of Engineers is that ocean dumping 
at the designated site is required because of the unavailability of 
feasible alternatives, he shall so certify and request that the 
Secretary of the Army seek a waiver from the Administrator of the 
Criteria or of the critical site designation in accordance with 
Sec. 225.4.