[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR324.4]



[Page 421]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

PART 324_PERMITS FOR OCEAN DUMPING OF DREDGED MATERIAL--Table of Contents

 

Sec.  324.4  Special procedures.



    The Secretary of the Army has delegated to the Chief of Engineers 

the authority to issue or deny section 103 permits. The following 

additional procedures shall also be applicable under this regulation.

    (a) Public notice. For all applications for section 103 permits, the 

district engineer will issue a public notice which shall contain the 

information specified in 33 CFR 325.3.

    (b) Evaluation. Applications for permits for the transportation of 

dredged material for the purpose of dumping it in ocean waters will be 

evaluated to determine whether the proposed dumping will unreasonably 

degrade or endanger human health, welfare, amenities, or the marine 

environment, ecological systems or economic potentialities. District 

engineers will apply the criteria established by the Administrator of 

EPA pursuant to section 102 of the Marine Protection, Research and 

Sanctuaries Act of 1972 in making this evaluation. (See 40 CFR parts 

220-229) Where ocean dumping is determined to be necessary, the district 

engineer will, to the extent feasible, specify disposal sites using the 

recommendations of the Administrator pursuant to section 102(c) of the 

Act.

    (c) EPA review. When the Regional Administrator, EPA, in accordance 

with 40 CFR 225.2(b), advises the district engineer, in writing, that 

the proposed dumping will comply with the criteria, the district 

engineer will complete his evaluation of the application under this part 

and 33 CFR parts 320 and 325. If, however, the Regional Administrator 

advises the district engineer, in writing, that the proposed dumping 

does not comply with the criteria, the district engineer will proceed as 

follows:

    (1) The district engineer will determine whether there is an 

economically feasible alternative method or site available other than 

the proposed ocean disposal site. If there are other feasible 

alternative methods or sites available, the district engineer will 

evaluate them in accordance with 33 CFR parts 320, 322, 323, and 325 and 

this part, as appropriate.

    (2) If the district engineer determines that there is no 

economically feasible alternative method or site available, and the 

proposed project is otherwise found to be not contrary to the public 

interest, he will so advise the Regional Administrator setting forth his 

reasons for such determination. If the Regional Administrator has not 

removed his objection within 15 days, the district engineer will submit 

a report of his determination to the Chief of Engineers for further 

coordination with the Administrator, EPA, and decision. The report 

forwarding the case will contain the analysis of whether there are other 

economically feasible methods or sites available to dispose of the 

dredged material.

    (d) Chief of Engineers review. The Chief of Engineers shall evaluate 

the permit application and make a decision to deny the permit or 

recommend its issuance. If the decision of the Chief of Engineers is 

that ocean dumping at the proposed disposal site is required because of 

the unavailability of economically feasible alternatives, he shall so 

certify and request that the Secretary of the Army seek a waiver from 

the Administrator, EPA, of the criteria or of the critical site 

designation in accordance with 40 CFR 225.4.