[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: 40CFR225.3]



[Page 203-204]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

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

 

Sec.  225.3  Procedure for invoking economic impact.



    (a) When a District Engineer's determination to issue a Dredged 

Material Permit for the dumping of dredged material into ocean waters 

has been rejected by a Regional Administrator upon application of the 

Criteria, the District Engineer may determine



[[Page 204]]



whether, under section 103(d) of the Act, there is an economically 

feasible alternative method or site available other than the proposed 

dumping in ocean waters. If the District Engineer makes any such 

preliminary determination that there is no economically feasible 

alternative method or site available, he shall so advise the Regional 

Administrator setting forth his reasons for such determination and shall 

submit a report of such determination to the Chief of Engineers in 

accordance with 33 CFR 209.120 and 209.145.

    (b) If the decision of the Chief of Engineers is that ocean dumping 

at the designated site is required because of the unavailability of 

feasible alternatives, he shall so certify and request that the 

Secretary of the Army seek a waiver from the Administrator of the 

Criteria or of the critical site designation in accordance with Sec.  

225.4.