[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR125.121]

[Page 364-365]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 125_CRITERIA AND STANDARDS FOR THE NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM--Table of Contents
 
                   Subpart M_Ocean Discharge Criteria
 
Sec.  125.121  Definitions.

    (a) Irreparable harm means significant undesirable effects occurring 
after the date of permit issuance which will not be reversed after 
cessation or modification of the discharge.
    (b) Marine environment means that territorial seas, the contiguous 
zone and the oceans.
    (c) Mixing zone means the zone extending from the sea's surface to 
seabed and extending laterally to a distance of 100 meters in all 
directions from the discharge point(s) or to the boundary of the zone of 
initial dilution as calculated by a plume model approved by the 
director, whichever is greater, unless the director determines that the 
more restrictive mixing zone or another definition of the mixing zone is 
more appropriate for a specific discharge.
    (d) No reasonable alternatives means:

[[Page 365]]

    (1) No land-based disposal sites, discharge point(s) within internal 
waters, or approved ocean dumping sites within a reasonable distance of 
the site of the proposed discharge the use of which would not cause 
unwarranted economic impacts on the discharger, or, notwithstanding the 
availability of such sites,
    (2) On-site disposal is environmentally preferable to other 
alternative means of disposal after consideration of:
    (i) The relative environmental harm of disposal on-site, in disposal 
sites located on land, from discharge point(s) within internal waters, 
or in approved ocean dumping sites, and
    (ii) The risk to the environment and human safety posed by the 
transportation of the pollutants.
    (e) Unreasonable degradation of the marine environment means: (1) 
Significant adverse changes in ecosystem diversity, productivity and 
stability of the biological community within the area of discharge and 
surrounding biological communities,
    (2) Threat to human health through direct exposure to pollutants or 
through consumption of exposed aquatic organisms, or
    (3) Loss of esthetic, recreational, scientific or economic values 
which is unreasonable in relation to the benefit derived from the 
discharge.