[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: 40CFR225.2]



[Page 203]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 225_CORPS OF ENGINEERS DREDGED MATERIAL PERMITS--Table of Contents

 

Sec.  225.2  Review of Dredged Material Permits.



    (a) The District Engineer shall send a copy of the public notice to 

the appropriate Regional Administrator, and set forth in writing all of 

the following information:

    (1) The location of the proposed disposal site and its physical 

boundaries;

    (2) A statement as to whether the site has been designated for use 

by the Administrator pursuant to section 102(c) of the Act;

    (3) If the proposed disposal site has not been designated by the 

Administrator, a statement of the basis for the proposed determination 

why no previously designated site is feasible and a description of the 

characteristics of the proposed disposal site necessary for its 

designation pursuant to part 228 of this subchapter H;

    (4) The known historical uses of the proposed disposal site;

    (5) Existence and documented effects of other authorized dumpings 

that have been made in the dumping area (e.g., heavy metal background 

reading and organic carbon content);

    (6) An estimate of the length of time during which disposal will 

continue at the proposed site;

    (7) Characteristics and composition of the dredged material; and

    (8) A statement concerning a preliminary determination of the need 

for and/or availability of an environmental impact statement.

    (b) The Regional Administrator will within 15 days of the date the 

public notice and other information required to be submitted by 

paragraph (a) of Sec.  225.2 are received by him, review the information 

submitted and request from the District Engineer any additional 

information he deems necessary or appropriate to evaluate the proposed 

dumping.

    (c) Using the information submitted by the District Engineer, and 

any other information available to him, the Regional Administrator will 

within 15 days after receipt of all requested information, make an 

independent evaluation of the proposed dumping in accordance with the 

criteria and respond to the District Engineer pursuant to paragraph (d) 

or (e) of this section. The Regional Administrator may request an 

extension of this 15 day period to 30 days from the District Engineer.

    (d) When the Regional Administrator determines that the proposed 

dumping will comply with the criteria, he will so inform the District 

Engineer in writing.

    (e) When the Regional Administrator determines that the proposed 

dumping will not comply with the criteria he shall so inform the 

District Engineer in writing. In such cases, no Dredged Material Permit 

for such dumping shall be issued unless and until the provisions of 

Sec.  225.3 are followed and the Administrator grants a waiver of the 

criteria pursuant to Sec.  225.4.