[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: 40CFR227.13]



[Page 210-211]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 227_CRITERIA FOR THE EVALUATION OF PERMIT APPLICATIONS FOR OCEAN 

DUMPING OF MATERIALS--Table of Contents

 

                     Subpart B_Environmental Impact

 

Sec.  227.13  Dredged materials.



    (a) Dredged materials are bottom sediments or materials that have 

been dredged or excavated from the navigable waters of the United 

States, and their disposal into ocean waters is regulated by the U.S. 

Army Corps of Engineers using the criteria of applicable sections of 

parts 227 and 228. Dredged material consists primarily of natural 

sediments or materials which may be contaminated by municipal or 

industrial wastes or by runoff from terrestrial sources such as 

agricultural lands.

    (b) Dredged material which meets the criteria set forth in the 

following paragraphs (b)(1), (2), or (3) of this section is 

environmentally acceptable for ocean dumping without further testing 

under this section:

    (1) Dredged material is composed predominantly of sand, gravel, 

rock, or any other naturally occurring bottom material with particle 

sizes larger than silt, and the material is found in areas of high 

current or wave energy such as streams with large bed loads or coastal 

areas with shifting bars and channels; or

    (2) Dredged material is for beach nourishment or restoration and is 

composed predominantly of sand, gravel or shell with particle sizes 

compatible with material on the receiving beaches; or

    (3) When: (i) The material proposed for dumping is substantially the 

same as the substrate at the proposed disposal site; and

    (ii) The site from which the material proposed for dumping is to be 

taken is far removed from known existing and historical sources of 

pollution so as to provide reasonable assurance that such material has 

not been contaminated by such pollution.

    (c) When dredged material proposed for ocean dumping does not meet 

the criteria of paragraph (b) of this section, further testing of the 

liquid, suspended particulate, and solid phases, as defined in Sec.  

227.32, is required. Based on the results of such testing, dredged 

material can be considered to be environmentally acceptable for ocean 

dumping only under the following conditions:

    (1) The material is in compliance with the requirements of Sec.  

227.6; and

    (2)(i) All major constituents of the liquid phase are in compliance 

with the applicable marine water quality criteria after allowance for 

initial mixing; or

    (ii) When the liquid phase contains major constituents not included 

in the applicable marine water quality criteria, or there is reason to 

suspect synergistic effects of certain contaminants, bioassays on the 

liquid phase of



[[Page 211]]



the dredged material show that it can be discharged so as not to exceed 

the limiting permissible concentration as defined in paragraph (a) of 

Sec.  227.27; and

    (3) Bioassays on the suspended particulate and solid phases show 

that it can be discharged so as not to exceed the limiting permissible 

concentration as defined in paragraph (b) of Sec.  227.27.

    (d) For the purposes of paragraph (c)(2) of this section, major 

constituents to be analyzed in the liquid phase are those deemed 

critical by the District Engineer, after evaluating and considering any 

comments received from the Regional Administrator, and considering known 

sources of discharges in the area.