[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

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

[CITE: 40CFR220.2]



[Page 188]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 220_GENERAL--Table of Contents

 

Sec.  220.2  Definitions.



    As used in this subchapter H:

    (a) Act means the Marine Protection, Research, and Sanctuaries Act 

of 1972, as amended (33 U.S.C. 1401);

    (b) FWPCA means the Federal Water Pollution Control Act, as amended 

(33 U.S.C. 1251);

    (c) Ocean or ocean waters means those waters of the open seas lying 

seaward of the baseline from which the territorial sea is measured, as 

provided for in the Convention on the Territorial Sea and the Contiguous 

Zone (15 UST 1606; TIAS 5639); this definition includes the waters of 

the territorial sea, the contiguous zone and the oceans as defined in 

section 502 of the FWPCA.

    (d) Material means matter of any kind or description, including, but 

not limited to, dredged material, solid waste, incinerator residue, 

garbage, sewage, sewage sludge, munitions, radiological, chemical, and 

biological warfare agents, radioactive materials, chemicals, biological 

and laboratory waste, wreck or discarded equipment, rock, sand, 

excavation debris, industrial, municipal, agricultural, and other waste, 

but such term does not mean sewage from vessels within the meaning of 

section 312 of the FWPCA. Oil within the meaning of section 311 of the 

FWPCA shall constitute ``material'' for purposes of this subchapter H 

only to the extent that it is taken on board a vessel or aircraft for 

the primary purpose of dumping.

    (e) Dumping means a disposition of material: Provided, That it does 

not mean a disposition of any effluent from any outfall structure to the 

extent that such disposition is regulated under the provisions of the 

FWPCA, under the provisions of section 13 of the River and Harbor Act of 

1899, as amended (33 U.S.C. 407), or under the provisions of the Atomic 

Energy Act of 1954, as amended (42 U.S.C. 2011), nor does it mean a 

routine discharge of effluent incidental to the propulsion of, or 

operation of motor-driven equipment on, vessels: Provided further, That 

it does not mean the construction of any fixed structure or artificial 

island nor the intentional placement of any device in ocean waters or on 

or in the submerged land beneath such waters, for a purpose other than 

disposal, when such construction or such placement is otherwise 

regulated by Federal or State law or occurs pursuant to an authorized 

Federal or State program; And provided further, That it does not include 

the deposit of oyster shells, or other materials when such deposit is 

made for the purpose of developing, maintaining, or harvesting fisheries 

resources and is otherwise regulated by Federal or State law or occurs 

pursuant to an authorized Federal or State program.

    (f) Sewage Treatment Works means municipal or domestic waste 

treatment facilities of any type which are publicly owned or regulated 

to the extent that feasible compliance schedules are determined by the 

availability of funding provided by Federal, State, or local 

governments.

    (g) Criteria means the criteria set forth in part 227 of this 

subchapter H.

    (h) Dredged Material Permit means a permit issued by the Corps of 

Engineers under section 103 of the Act (see 33 CFR 209.120) and any 

Federal projects reviewed under section 103(e) of the Act (see 33 CFR 

209.145).

    (i) Unless the context otherwise requires, all other terms shall 

have the meanings assigned to them by the Act.