[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: 33CFR336.0]



[Page 595-596]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

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

                                 DEFENSE

 

PART 336_FACTORS TO BE CONSIDERED IN THE EVALUATION OF ARMY CORPS OF 

ENGINEERS DREDGING PROJECTS INVOLVING THE DISCHARGE OF DREDGED MATERIAL 

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

 

Sec.  336.0  General.









Sec.

336.0 General.

336.1 Discharges of dredged or fill material into waters of the U.S.

336.2 Transportation of dredged material for the purpose of disposal 

          into ocean waters.



    Authority: 33 U.S.C. 1344; 33 U.S.C. 1413.



    Source: 53 FR 14912, Apr. 26, 1988, unless otherwise noted.





    Since the jurisdiction of the CWA extends to all waters of the U.S., 

including the territorial sea, and the jurisdiction of the ODA extends 

over ocean waters including the territorial sea, the following rules are 

established to assure appropriate regulation of discharges of dredged or 

fill material into waters of the U.S. and ocean waters.

    (a) The disposal into ocean waters, including the territorial sea, 

of dredged material excavated or dredged from navigable waters of the 

U.S. will be evaluated by the Corps in accordance with the ODA.

    (b) In those cases where the district engineer determines that the 

discharge of dredged material into the territorial sea would be for the 

primary purpose of fill, such as the use of dredged material for beach 

nourishment, island creation, or construction of underwater berms,



[[Page 596]]



the discharge will be evaluated under section 404 of the CWA.

    (c) For those cases where the district engineer determines that the 

materials proposed for discharge in the territorial sea would not be 

adequately evaluated under the section 404(b)(1) guidelines of the CWA, 

he may evaluate that material under the ODA.