[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: 40CFR231.2]



[Page 278]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 231_SECTION 404(c) PROCEDURES--Table of Contents

 

Sec.  231.2  Definitions.



    For the purposes of this part, the definitions of terms in 40 CFR 

230.2 shall apply. In addition, the term:

    (a) Withdraw specification means to remove from designation any area 

already specified as a disposal site by the U.S. Army Corps of Engineers 

or by a state which has assumed the section 404 program, or any portion 

of such area.

    (b) Prohibit specification means to prevent the designation of an 

area as a present or future disposal site.

    (c) Deny or restrict the use of any defined area for specification 

is to deny or restrict the use of any area for the present or future 

discharge of any dredged or fill material.

    (d) Person means an individual, corporation, partnership, 

association, Federal agency, state, municipality, or commission, or 

political subdivision of a state, or any interstate body.

    (e) Unacceptable adverse effect means impact on an aquatic or 

wetland ecosystem which is likely to result in significant degradation 

of municipal water supplies (including surface or ground water) or 

significant loss of or damage to fisheries, shellfishing, or wildlife 

habitat or recreation areas. In evaluating the unacceptability of such 

impacts, consideration should be given to the relevant portions of the 

section 404(b)(1) guidelines (40 CFR part 230).

    (f) State means any state agency administering a 404 program which 

has been approved under section 404(h).