[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: 40CFR227.18]

[Page 212]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 227--CRITERIA FOR THE EVALUATION OF PERMIT APPLICATIONS FOR OCEAN 
DUMPING OF MATERIALS--Table of Contents
 
Subpart D--Impact of the Proposed Dumping on Esthetic, Recreational and 
                             Economic Values
 
Sec. 227.18  Factors considered.

    The assessment of the potential for impacts on esthetic, 
recreational and economic values will be based on an evaluation of the 
appropriate characteristics of the material to be dumped, allowing for 
conservative rates of dilution, dispersion, and biochemical degradation 
during movement of the materials from a disposal site to an area of 
significant recreational or commercial value. The following specific 
factors will be considered in making such an assessment:
    (a) Nature and extent of present and potential recreational and 
commercial use of areas which might be affected by the proposed dumping;
    (b) Existing water quality, and nature and extent of disposal 
activities, in the areas which might be affected by the proposed 
dumping;
    (c) Applicable water quality standards;
    (d) Visible characteristics of the materials (e.g., color, suspended 
particulates) which result in an unacceptable estetic nuisance in 
recreational areas;
    (e) Presence in the material of pathogenic organisms which may cause 
a public health hazard either directly or through contamination of 
fisheries or shellfisheries;
    (f) Presence in the material of toxic chemical constituents released 
in volumes which may affect humans directly;
    (g) Presence in the material of chemical constituents which may be 
bioaccumulated or persistent and may have an adverse effect on humans 
directly or through food chain interactions;
    (h) Presence in the material of any constituents which might 
significantly affect living marine resources of recreational or 
commercial value.