[Code of Federal Regulations]

[Title 40, Volume 21]

[Revised as of July 1, 2006]

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

[CITE: 40CFR125.121]



[Page 363-364]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 125_CRITERIA AND STANDARDS FOR THE NATIONAL POLLUTANT DISCHARGE 

ELIMINATION SYSTEM--Table of Contents

 

                   Subpart M_Ocean Discharge Criteria

 

Sec.  125.121  Definitions.



    (a) Irreparable harm means significant undesirable effects occurring 

after the date of permit issuance which will not be reversed after 

cessation or modification of the discharge.

    (b) Marine environment means that territorial seas, the contiguous 

zone and the oceans.

    (c) Mixing zone means the zone extending from the sea's surface to 

seabed and extending laterally to a distance of 100 meters in all 

directions from the discharge point(s) or to the boundary of the zone of 

initial dilution as calculated by a plume model approved by the 

director, whichever is greater, unless the director determines that the 

more restrictive mixing zone or another definition of the mixing zone is 

more appropriate for a specific discharge.

    (d) No reasonable alternatives means:



[[Page 364]]



    (1) No land-based disposal sites, discharge point(s) within internal 

waters, or approved ocean dumping sites within a reasonable distance of 

the site of the proposed discharge the use of which would not cause 

unwarranted economic impacts on the discharger, or, notwithstanding the 

availability of such sites,

    (2) On-site disposal is environmentally preferable to other 

alternative means of disposal after consideration of:

    (i) The relative environmental harm of disposal on-site, in disposal 

sites located on land, from discharge point(s) within internal waters, 

or in approved ocean dumping sites, and

    (ii) The risk to the environment and human safety posed by the 

transportation of the pollutants.

    (e) Unreasonable degradation of the marine environment means: (1) 

Significant adverse changes in ecosystem diversity, productivity and 

stability of the biological community within the area of discharge and 

surrounding biological communities,

    (2) Threat to human health through direct exposure to pollutants or 

through consumption of exposed aquatic organisms, or

    (3) Loss of esthetic, recreational, scientific or economic values 

which is unreasonable in relation to the benefit derived from the 

discharge.