[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: 40CFR230.12]

[Page 260-261]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 230--SECTION 404(b)(1) GUIDELINES FOR SPECIFICATION OF DISPOSAL SITES 
FOR DREDGED OR FILL MATERIAL--Table of Contents
 
                Subpart B--Compliance With the Guidelines
 
Sec. 230.12  Findings of compliance or non-compliance with the restrictions 
on discharge.

    (a) On the basis of these Guidelines (subparts C through G) the 
proposed disposal sites for the discharge of dredged or fill material 
must be:
    (1) Specified as complying with the requirements of these 
Guidelines; or
    (2) Specified as complying with the requirements of these Guidelines 
with the inclusion of appropriate and practicable discharge conditions 
(see subpart H) to minimize pollution or adverse effects to the affected 
aquatic ecosystems; or
    (3) Specified as failing to comply with the requirements of these 
Guidelines where:

[[Page 261]]

    (i) There is a practicable alternative to the proposed discharge 
that would have less adverse effect on the aquatic ecosystem, so long as 
such alternative does not have other significant adverse environmental 
consequences; or
    (ii) The proposed discharge will result in significant degradation 
of the aquatic ecosystem under Sec. 230.10(b) or (c); or
    (iii) The proposed discharge does not include all appropriate and 
practicable measures to minimize potential harm to the aquatic 
ecosystem; or
    (iv) There does not exist sufficient information to make a 
reasonable judgment as to whether the proposed discharge will comply 
with these Guidelines.
    (b) Findings under this section shall be set forth in writing by the 
permitting authority for each proposed discharge and made available to 
the permit applicant. These findings shall include the factual 
determinations required by Sec. 230.11, and a brief explanation of any 
adaptation of these Guidelines to the activity under consideration. In 
the case of a General permit, such findings shall be prepared at the 
time of issuance of that permit rather than for each subsequent 
discharge under the authority of that permit.