[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: 40CFR233.22]



[Page 295]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 233_404 STATE PROGRAM REGULATIONS--Table of Contents

 

                      Subpart C_Permit Requirements

 

Sec.  233.22  Emergency permits.



    (a) Notwithstanding any other provision of this part, the Director 

may issue a temporary emergency permit for a discharge of dredged or 

fill material if unacceptable harm to life or severe loss of physical 

property is likely to occur before a permit could be issued or modified 

under procedures normally required.

    (b) Emergency permits shall incorporate, to the extent possible and 

not inconsistent with the emergency situation, all applicable 

requirements of Sec.  233.23.

    (1) Any emergency permit shall be limited to the duration of time 

(typically no more than 90 days) required to complete the authorized 

emergency action.

    (2) The emergency permit shall have a condition requiring 

appropriate restoration of the site.

    (c) The emergency permit may be terminated at any time without 

process (Sec.  233.36) if the Director determines that termination is 

necessary to protect human health or the environment.

    (d) The Director shall consult in an expeditious manner, such as by 

telephone, with the Regional Administrator, the Corps, FWS, and NMFS 

about issuance of an emergency permit.

    (e) The emergency permit may be oral or written. If oral, it must be 

followed within 5 days by a written emergency permit. A copy of the 

written permit shall be sent to the Regional Administrator.

    (f) Notice of the emergency permit shall be published and public 

comments solicited in accordance with Sec.  233.32 as soon as possible 

but no later than 10 days after the issuance date.