[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: 40CFR233.30]



[Page 296-297]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 233_404 STATE PROGRAM REGULATIONS--Table of Contents

 

                       Subpart D_Program Operation

 

Sec.  233.30  Application for a permit.





    (a) Except when an activity is authorized by a general permit issued 

pursuant to Sec.  233.21 or is exempt from the requirements to obtain a 

permit under Sec.  232.3, any person who proposes to discharge dredged 

or fill material into State regulated waters shall complete, sign and 

submit a permit application to the Director. Persons proposing to 

discharge dredged or fill material under the authorization of a general 

permit must comply with any reporting requirements of the general 

permit.

    (b) A complete application shall include:

    (1) Name, address, telephone number of the applicant and name(s) and 

address(es) of adjoining property owners.

    (2) A complete description of the proposed activity including 

necessary drawings, sketches or plans sufficient for public notice (the 

applicant is not generally expected to submit detailed engineering plans 

and specifications); the location, purpose and intended use of the 

proposed activity; scheduling of the activity; the location and 

dimensions of adjacent structures; and a list of authorizations required 

by other Federal, interstate, State or local agencies for the work, 

including all approvals received or denials already made.

    (3) The application must include a description of the type, 

composition, source and quantity of the material to be discharged, the 

method of discharge, and the site and plans for disposal of the dredged 

or fill material.

    (4) A certification that all information contained in the 

application is true and accurate and acknowledging



[[Page 297]]



awareness of penalties for submitting false information.

    (5) All activities which the applicant plans to undertake which are 

reasonably related to the same project should be included in the same 

permit application.

    (c) In addition to the information indicated in Sec.  233.30(b), the 

applicant will be required to furnish such additional information as the 

Director deems appropriate to assist in the evaluation of the 

application. Such additional information may include environmental data 

and information on alternate methods and sites as may be necessary for 

the preparation of the required environmental documentation.

    (d) The level of detail shall be reasonably commensurate with the 

type and size of discharge, proximity to critical areas, likelihood of 

long-lived toxic chemical substances, and potential level of 

environmental degradation.



    Note: EPA encourages States to provide permit applicants guidance 

regarding the level of detail of information and documentation required 

under this subsection. This guidance can be provided either through the 

application form or on an individual basis. EPA also encourages the 

State to maintain a program to inform potential applicants for permits 

of the requirements of the State program and of the steps required to 

obtain permits for activities in State regulated waters.