[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: 40CFR228.5]



[Page 219]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 228_CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING

--Table of Contents

 

Sec.  228.5  General criteria for the selection of sites.



    (a) The dumping of materials into the ocean will be permitted only 

at sites or in areas selected to minimize the interference of disposal 

activities with other activities in the marine environment, particularly 

avoiding areas of existing fisheries or shellfisheries, and regions of 

heavy commercial or recreational navigation.

    (b) Locations and boundaries of disposal sites will be so chosen 

that temporary perturbations in water quality or other environmental 

conditions during initial mixing caused by disposal operations anywhere 

within the site can be expected to be reduced to normal ambient seawater 

levels or to undetectable contaminant concentrations or effects before 

reaching any beach, shoreline, marine sanctuary, or known geographically 

limited fishery or shellfishery.

    (c) If at any time during or after disposal site evaluation studies, 

it is determined that existing disposal sites presently approved on an 

interim basis for ocean dumping do not meet the criteria for site 

selection set forth in Sec. Sec.  228.5 through 228.6, the use of such 

sites will be terminated as soon as suitable alternate disposal sites 

can be designated.

    (d) The sizes of ocean disposal sites will be limited in order to 

localize for identification and control any immediate adverse impacts 

and permit the implementation of effective monitoring and surveilance 

programs to prevent adverse long-range impacts. The size, configuration, 

and location of any disposal site will be determined as a part of the 

disposal site evaluation or designation study.

    (e) EPA will, wherever feasible, designate ocean dumping sites 

beyond the edge of the continental shelf and other such sites that have 

been historically used.