[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: 40CFR230.1]



[Page 255-256]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 230_SECTION 404(b)(1) GUIDELINES FOR SPECIFICATION OF DISPOSAL SITES 

FOR DREDGED OR FILL MATERIAL--Table of Contents

 

                            Subpart A_General

 

Sec.  230.1  Purpose and policy.









                            Subpart A_General



Sec.

230.1 Purpose and policy.

230.2 Applicability.

230.3 Definitions.

230.4 Organization.

230.5 General procedures to be followed.

230.6 Adaptability.

230.7 General permits.



                Subpart B_Compliance With the Guidelines



230.10 Restrictions on discharge.

230.11 Factual determinations.

230.12 Findings of compliance or non-compliance with the restrictions on 

          discharge.



Subpart C_Potential Impacts on Physical and Chemical Characteristics of 

                          the Aquatic Ecosystem



230.20 Substrate.

230.21 Suspended particulates/turbidity.

230.22 Water.

230.23 Current patterns and water circulation.

230.24 Normal water fluctuations.

230.25 Salinity gradients.



Subpart D_Potential Impacts on Biological Characteristics of the Aquatic 

                                Ecosystem



230.30 Threatened and endangered species.

230.31 Fish, crustaceans, mollusks, and other aquatic organisms in the 

          food web.

230.32 Other wildlife.



          Subpart E_Potential Impacts on Special Aquatic Sites



230.40 Sanctuaries and refuges.

230.41 Wetlands.

230.42 Mud flats.

230.43 Vegetated shallows.

230.44 Coral reefs.

230.45 Riffle and pool complexes.



        Subpart F_Potential Effects on Human Use Characteristics



230.50 Municipal and private water supplies.

230.51 Recreational and commercial fisheries.

230.52 Water-related recreation.

230.53 Aesthetics.

230.54 Parks, national and historical monuments, national seashores, 

          wilderness areas, research sites, and similar preserves.



                    Subpart G_Evaluation and Testing



230.60 General evaluation of dredged or fill material.

230.61 Chemical, biological, and physical evaluation and testing.



              Subpart H_Actions To Minimize Adverse Effects



230.70 Actions concerning the location of the discharge.

230.71 Actions concerning the material to be discharged.

230.72 Actions controlling the material after discharge.

230.73 Actions affecting the method of dispersion.

230.74 Actions related to technology.

230.75 Actions affecting plant and animal populations.

230.76 Actions affecting human use.

230.77 Other actions.



          Subpart I_Planning To Shorten Permit Processing Time



230.80 Advanced identification of disposal areas.



    Authority: Secs. 404(b) and 501(a) of the Clean Water Act of 1977 

(33 U.S.C. 1344(b) and 1361(a)).



    Source: 45 FR 85344, Dec. 24, 1980, unless otherwise noted.







    (a) The purpose of these Guidelines is to restore and maintain the 

chemical, physical, and biological integrity of waters of the United 

States through the control of discharges of dredged or fill material.

    (b) Congress has expressed a number of policies in the Clean Water 

Act. These Guidelines are intended to be consistent with and to 

implement those policies.

    (c) Fundamental to these Guidelines is the precept that dredged or 

fill material should not be discharged into the aquatic ecosystem, 

unless it can be demonstrated that such a discharge will not have an 

unacceptable adverse impact either individually or in combination with 

known and/or probable impacts of other activities affecting the 

ecosystems of concern.



[[Page 256]]



    (d) From a national perspective, the degradation or destruction of 

special aquatic sites, such as filling operations in wetlands, is 

considered to be among the most severe environmental impacts covered by 

these Guidelines. The guiding principle should be that degradation or 

destruction of special sites may represent an irreversible loss of 

valuable aquatic resources.