[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: 33CFR335.2]



[Page 594]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

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

                                 DEFENSE

 

PART 335_OPERATION AND MAINTENANCE OF ARMY CORPS OF ENGINEERS CIVIL 

WORKS PROJECTS INVOLVING THE DISCHARGE OF DREDGED OR FILL MATERIAL 

INTO WATERS OF THE U.S. OR OCEAN WATERS--Table of Contents

 

Sec.  335.2  Authority.



    Under authority delegated from the Secretary of the Army and in 

accordance with section 404 of the Clean Water Act of 1977 (CWA) and 

section 103 of the Marine Protection, Research, and Sanctuaries Act of 

1972, hereinafter referred to as the Ocean Dumping Act (ODA), the Corps 

of Engineers regulates the discharge of dredged or fill material into 

waters of the United States and the transportation of dredged material 

for the purpose of disposal into ocean waters. Section 404 of the CWA 

requires public notice with opportunity for public hearing for 

discharges of dredged or fill material into waters of the U.S. and that 

discharge sites can be specified through the application of guidelines 

developed by the Administrator of the Environmental Protection Agency 

(EPA) in conjunction with the Secretary of the Army. Section 103 of the 

ODA requires public notice with opportunity for public hearing for the 

transportation for disposal of dredged material for disposal in ocean 

waters. Ocean disposal of dredged material must be evaluated using the 

criteria developed by the Administrator of EPA in consultation with the 

Secretary of the Army. Section 103(e) of the ODA provides that the 

Secretary of the Army may, in lieu of permit procedures, issue 

regulations for Federal projects involving the transportation of dredged 

material for ocean disposal which require the application of the same 

criteria, procedures, and requirements which apply to the issuance of 

permits. Similarly, the Corps does not issue itself a CWA permit to 

authorize Corps discharges of dredged material or fill material into 

U.S. waters, but does apply the 404(b)(1) guidelines and other 

substantive requirements of the CWA and other environmental laws.