[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR335.2]

[Page 594]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 
                                 DEFENSE
 
 PART 335_OPERATION AND MAINTENANCE OF ARMY CORPS OF ENGINEERS CIVIL WORKS 
 
Sec.  335.2  Authority.

    Under authority delegated from the Secretary of the Army and in 
accordance with section 404 of the Clean Water Act of 1977 (CWA) and 
section 103 of the Marine Protection, Research, and Sanctuaries Act of 
1972, hereinafter referred to as the Ocean Dumping Act (ODA), the Corps 
of Engineers regulates the discharge of dredged or fill material into 
waters of the United States and the transportation of dredged material 
for the purpose of disposal into ocean waters. Section 404 of the CWA 
requires public notice with opportunity for public hearing for 
discharges of dredged or fill material into waters of the U.S. and that 
discharge sites can be specified through the application of guidelines 
developed by the Administrator of the Environmental Protection Agency 
(EPA) in conjunction with the Secretary of the Army. Section 103 of the 
ODA requires public notice with opportunity for public hearing for the 
transportation for disposal of dredged material for disposal in ocean 
waters. Ocean disposal of dredged material must be evaluated using the 
criteria developed by the Administrator of EPA in consultation with the 
Secretary of the Army. Section 103(e) of the ODA provides that the 
Secretary of the Army may, in lieu of permit procedures, issue 
regulations for Federal projects involving the transportation of dredged 
material for ocean disposal which require the application of the same 
criteria, procedures, and requirements which apply to the issuance of 
permits. Similarly, the Corps does not issue itself a CWA permit to 
authorize Corps discharges of dredged material or fill material into 
U.S. waters, but does apply the 404(b)(1) guidelines and other 
substantive requirements of the CWA and other environmental laws.