[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: 40CFR227.18]



[Page 212]

 

                   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 D_Impact of the Proposed Dumping on Esthetic, Recreational and 

                             Economic Values

 

Sec.  227.18  Factors considered.



    The assessment of the potential for impacts on esthetic, 

recreational and economic values will be based on an evaluation of the 

appropriate characteristics of the material to be dumped, allowing for 

conservative rates of dilution, dispersion, and biochemical degradation 

during movement of the materials from a disposal site to an area of 

significant recreational or commercial value. The following specific 

factors will be considered in making such an assessment:

    (a) Nature and extent of present and potential recreational and 

commercial use of areas which might be affected by the proposed dumping;

    (b) Existing water quality, and nature and extent of disposal 

activities, in the areas which might be affected by the proposed 

dumping;

    (c) Applicable water quality standards;

    (d) Visible characteristics of the materials (e.g., color, suspended 

particulates) which result in an unacceptable estetic nuisance in 

recreational areas;

    (e) Presence in the material of pathogenic organisms which may cause 

a public health hazard either directly or through contamination of 

fisheries or shellfisheries;

    (f) Presence in the material of toxic chemical constituents released 

in volumes which may affect humans directly;

    (g) Presence in the material of chemical constituents which may be 

bioaccumulated or persistent and may have an adverse effect on humans 

directly or through food chain interactions;

    (h) Presence in the material of any constituents which might 

significantly affect living marine resources of recreational or 

commercial value.