[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: 40CFR230.5]



[Page 258-259]

 

                   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.  230.5  General procedures to be followed.



    In evaluating whether a particular discharge site may be specified, 

the permitting authority should use these Guidelines in the following 

sequence:

    (a) In order to obtain an overview of the principal regulatory 

provisions of the Guidelines, review the restrictions on discharge in 

Sec.  230.10(a) through (d), the measures to mimimize adverse impact of 

subpart H, and the required factual determinations of Sec.  230.11.

    (b) Determine if a General permit (Sec.  230.7) is applicable; if 

so, the applicant needs merely to comply with its terms, and no further 

action by the permitting authority is necessary. Special conditions for 

evaluation of proposed General permits are contained in Sec.  230.7. If 

the discharge is not covered by a General permit:

    (c) Examine practicable alternatives to the proposed discharge, that 

is, not discharging into the waters of the U.S. or discharging into an 

alternative aquatic site with potentially less damaging consequences 

(Sec.  230.10(a)).

    (d) Delineate the candidate disposal site consistent with the 

criteria and evaluations of Sec.  230.11(f).

    (e) Evaluate the various physical and chemical components which 

characterize the non-living environment of the candidate site, the 

substrate and the water including its dynamic characteristics (subpart 

C).

    (f) Identify and evaluate any special or critical characteristics of 

the candidate disposal site, and surrounding areas which might be 

affected by use of such site, related to their living communities or 

human uses (subparts D, E, and F).



[[Page 259]]



    (g) Review Factual Determinations in Sec.  230.11 to determine 

whether the information in the project file is sufficient to provide the 

documentation required by Sec.  230.11 or to perform the pre-testing 

evaluation described in Sec.  230.60, or other information is necessary.

    (h) Evaluate the material to be discharged to determine the 

possibility of chemical contamination or physical incompatibility of the 

material to be discharged (Sec.  230.60).

    (i) If there is a reasonable probability of chemical contamination, 

conduct the appropriate tests according to the section on Evaluation and 

Testing (Sec.  230.61).

    (j) Identify appropriate and practicable changes to the project plan 

to minimize the environmental impact of the discharge, based upon the 

specialized methods of minimization of impacts in subpart H.

    (k) Make and document Factual Determinations in Sec.  230.11.

    (l) Make and document Findings of Compliance (Sec.  230.12) by 

comparing Factual Determinations with the requirements for discharge of 

Sec.  230.10.



This outline of the steps to follow in using the Guidelines is 

simplified for purposes of illustration. The actual process followed may 

be iterative, with the results of one step leading to a reexamination of 

previous steps. The permitting authority must address all of the 

relevant provisions of the Guidelines in reaching a Finding of 

Compliance in an individual case.