[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: 40CFR231.2]

[Page 274-275]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 231--SECTION 404(c) PROCEDURES--Table of Contents
 
Sec. 231.2  Definitions.

    For the purposes of this part, the definitions of terms in 40 CFR 
230.2 shall apply. In addition, the term:
    (a) Withdraw specification means to remove from designation any area 
already specified as a disposal site by the U.S. Army Corps of Engineers 
or by a state which has assumed the section 404 program, or any portion 
of such area.
    (b) Prohibit specification means to prevent the designation of an 
area as a present or future disposal site.
    (c) Deny or restrict the use of any defined area for specification 
is to deny or restrict the use of any area for the present or future 
discharge of any dredged or fill material.
    (d) Person means an individual, corporation, partnership, 
association, Federal agency, state, municipality, or commission, or 
political subdivision of a state, or any interstate body.
    (e) Unacceptable adverse effect means impact on an aquatic or 
wetland ecosystem which is likely to result in significant degradation 
of municipal water supplies (including surface or ground water) or 
significant loss of or damage to fisheries, shellfishing, or wildlife 
habitat or recreation areas. In evaluating the unacceptability of such 
impacts, consideration should be given

[[Page 275]]

to the relevant portions of the section 404(b)(1) guidelines (40 CFR 
part 230).
    (f) State means any state agency administering a 404 program which 
has been approved under section 404(h).