[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR230.1]

[Page 254-255]
 
                   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. 230.1  Purpose and policy.




                            Subpart A_General

Sec.
230.1 Purpose and policy.
230.2 Applicability.
230.3 Definitions.
230.4 Organization.
230.5 General procedures to be followed.
230.6 Adaptability.
230.7 General permits.

                Subpart B_Compliance With the Guidelines

230.10 Restrictions on discharge.
230.11 Factual determinations.
230.12 Findings of compliance or non-compliance with the restrictions on 
          discharge.

Subpart C_Potential Impacts on Physical and Chemical Characteristics of 
                          the Aquatic Ecosystem

230.20 Substrate.
230.21 Suspended particulates/turbidity.
230.22 Water.
230.23 Current patterns and water circulation.
230.24 Normal water fluctuations.
230.25 Salinity gradients.

Subpart D_Potential Impacts on Biological Characteristics of the Aquatic 
                                Ecosystem

230.30 Threatened and endangered species.
230.31 Fish, crustaceans, mollusks, and other aquatic organisms in the 
          food web.
230.32 Other wildlife.

          Subpart E_Potential Impacts on Special Aquatic Sites

230.40 Sanctuaries and refuges.
230.41 Wetlands.
230.42 Mud flats.
230.43 Vegetated shallows.
230.44 Coral reefs.
230.45 Riffle and pool complexes.

        Subpart F_Potential Effects on Human Use Characteristics

230.50 Municipal and private water supplies.
230.51 Recreational and commercial fisheries.
230.52 Water-related recreation.
230.53 Aesthetics.
230.54 Parks, national and historical monuments, national seashores, 
          wilderness areas, research sites, and similar preserves.

                    Subpart G_Evaluation and Testing

230.60 General evaluation of dredged or fill material.
230.61 Chemical, biological, and physical evaluation and testing.

              Subpart H_Actions To Minimize Adverse Effects

230.70 Actions concerning the location of the discharge.
230.71 Actions concerning the material to be discharged.
230.72 Actions controlling the material after discharge.
230.73 Actions affecting the method of dispersion.
230.74 Actions related to technology.
230.75 Actions affecting plant and animal populations.
230.76 Actions affecting human use.
230.77 Other actions.

          Subpart I_Planning To Shorten Permit Processing Time

230.80 Advanced identification of disposal areas.

    Authority: Secs. 404(b) and 501(a) of the Clean Water Act of 1977 
(33 U.S.C. 1344(b) and 1361(a)).

    Source: 45 FR 85344, Dec. 24, 1980, unless otherwise noted.

[[Page 255]]



    (a) The purpose of these Guidelines is to restore and maintain the 
chemical, physical, and biological integrity of waters of the United 
States through the control of discharges of dredged or fill material.
    (b) Congress has expressed a number of policies in the Clean Water 
Act. These Guidelines are intended to be consistent with and to 
implement those policies.
    (c) Fundamental to these Guidelines is the precept that dredged or 
fill material should not be discharged into the aquatic ecosystem, 
unless it can be demonstrated that such a discharge will not have an 
unacceptable adverse impact either individually or in combination with 
known and/or probable impacts of other activities affecting the 
ecosystems of concern.
    (d) From a national perspective, the degradation or destruction of 
special aquatic sites, such as filling operations in wetlands, is 
considered to be among the most severe environmental impacts covered by 
these Guidelines. The guiding principle should be that degradation or 
destruction of special sites may represent an irreversible loss of 
valuable aquatic resources.