[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: 33CFR337.2]



[Page 605]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

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

                                 DEFENSE

 

PART 337_PRACTICE AND PROCEDURE--Table of Contents

 

Sec.  337.2  State requirements.



    The procedures of this section should be followed in implementing 

state requirements.

    (a) District engineers should cooperate to the maximum extent 

practicable with state agencies to prevent violation of Federally 

approved state water quality standards and to achieve consistency to the 

maximum degree practicable with an approved coastal zone management 

program.

    (b) If the state agency imposes conditions or requirements which 

exceed those needed to meet the Federal standard, the district engineer 

should determine and consider the state's rationale and provide to the 

state information addressing why the alternative which represents the 

Federal standard is environmentally acceptable. The district engineer 

will accommodate the state's concerns to the extent practicable. 

However, if a state agency attempts to impose conditions or controls 

which, in the district engineers opinion, cannot reasonably be 

accommodated, the following procedures will be followed.

    (1) In situations where an agency requires monitoring or testing, 

the district engineer will strive to reach an agreement with the agency 

on a data acquisition program. The district engineer will use the 

technical manual ``Management Strategy for Disposal of Dredged Material: 

Contaminant Testing and Controls'' or its appropriate updated version as 

a guide for developing the appropriate tests to be conducted. If the 

agency insists on requirements which, in the opinion of the district 

engineer, exceed those required in establishment of the Federal 

standard, the agency will be asked to fund the difference in cost. If 

the agency agrees to fund the difference in cost, the district engineer 

will comply with the request. If the agency does not fund the additional 

cost, the district engineer will follow the guidance in paragraph (b) 

(3) of this section.

    (2) When an agency requires special conditions or implementation of 

an alternative which the Federal standard does not, district engineers 

will proceed as follows: In those cases where the project authorization 

requires a local sponsor to provide suitable disposal areas, disposal 

areas must be made available by a sponsor before dredging proceeds. In 

other cases where there are no local sponsor requirements to provide 

disposal areas, the state or the prospective local sponsor will be 

advised that, unless the state or the sponsor provides suitable disposal 

areas, the added Federal cost of providing these disposal areas will 

affect the priority of performing dredging on that project. In either 

case, states will be made aware that additional costs to meet state 

standards or the requirements of the coastal zone management program 

which exceed those necessary in establishment of the Federal standard 

may cause the project to become economically unjustified.

    (3) If the state denies or notifies the district engineer of its 

intent to deny water quality certification or does not concur regarding 

coastal zone consistency, the project dredging may be deferred. A report 

pursuant to Sec.  337.8 of this section will be forwarded to CECW-D, 

Office of the Chief of Engineers, Washington, DC 20314-1000 for 

resolution.



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