[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: 40CFR230.5]

[Page 255]
 
                   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 A--General
 
Sec. 230.5  General procedures to be followed.

    In evaluating whether a particular discharge site may be specified, 
the permitting authority should use these Guidelines in the following 
sequence:
    (a) In order to obtain an overview of the principal regulatory 
provisions of the Guidelines, review the restrictions on discharge in 
Sec. 230.10(a) through (d), the measures to mimimize adverse impact of 
subpart H, and the required factual determinations of Sec. 230.11.
    (b) Determine if a General permit (Sec. 230.7) is applicable; if so, 
the applicant needs merely to comply with its terms, and no further 
action by the permitting authority is necessary. Special conditions for 
evaluation of proposed General permits are contained in Sec. 230.7. If 
the discharge is not covered by a General permit:
    (c) Examine practicable alternatives to the proposed discharge, that 
is, not discharging into the waters of the U.S. or discharging into an 
alternative aquatic site with potentially less damaging consequences 
(Sec. 230.10(a)).
    (d) Delineate the candidate disposal site consistent with the 
criteria and evaluations of Sec. 230.11(f).
    (e) Evaluate the various physical and chemical components which 
characterize the non-living environment of the candidate site, the 
substrate and the water including its dynamic characteristics (subpart 
C).
    (f) Identify and evaluate any special or critical characteristics of 
the candidate disposal site, and surrounding areas which might be 
affected by use of such site, related to their living communities or 
human uses (subparts D, E, and F).
    (g) Review Factual Determinations in Sec. 230.11 to determine 
whether the information in the project file is sufficient to provide the 
documentation required by Sec. 230.11 or to perform the pre-testing 
evaluation described in Sec. 230.60, or other information is necessary.
    (h) Evaluate the material to be discharged to determine the 
possibility of chemical contamination or physical incompatibility of the 
material to be discharged (Sec. 230.60).
    (i) If there is a reasonable probability of chemical contamination, 
conduct the appropriate tests according to the section on Evaluation and 
Testing (Sec. 230.61).
    (j) Identify appropriate and practicable changes to the project plan 
to minimize the environmental impact of the discharge, based upon the 
specialized methods of minimization of impacts in subpart H.
    (k) Make and document Factual Determinations in Sec. 230.11.
    (l) Make and document Findings of Compliance (Sec. 230.12) by 
comparing Factual Determinations with the requirements for discharge of 
Sec. 230.10.

This outline of the steps to follow in using the Guidelines is 
simplified for purposes of illustration. The actual process followed may 
be iterative, with the results of one step leading to a reexamination of 
previous steps. The permitting authority must address all of the 
relevant provisions of the Guidelines in reaching a Finding of 
Compliance in an individual case.