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U.S. Code as of:
01/19/04
Section 1413. Dumping permit program for dredged material
(a) Issuance by Secretary of the Army
Subject to the provisions of subsections (b), (c), and (d) of
this section, the Secretary may issue permits, after notice and
opportunity for public hearings, for the transportation of dredged
material for the purpose of dumping it into ocean waters, where the
Secretary determines that the dumping will not unreasonably degrade
or endanger human health, welfare, or amenities, or the marine
environment, ecological systems, or economic potentialities.
(b) Independent determination of need for dumping, other methods of
disposal, and appropriate locations; alternative sites
In making the determination required by subsection (a) of this
section, the Secretary shall apply those criteria, established
pursuant to section 1412(a) of this title, relating to the effects
of the dumping. Based upon an evaluation of the potential effect of
a permit denial on navigation, economic and industrial development,
and foreign and domestic commerce of the United States, the
Secretary shall make an independent determination as to the need
for the dumping. The Secretary shall also make an independent
determination as to other possible methods of disposal and as to
appropriate locations for the dumping. In considering appropriate
locations, he shall, to the maximum extent feasible, utilize the
recommended sites designated by the Administrator pursuant to
section 1412(c) of this title. In any case in which the use of a
designated site is not feasible, the Secretary may, with the
concurrence of the Administrator, select an alternative site. The
criteria and factors established in section 1412(a) of this title
relating to site selection shall be used in selecting the
alternative site in a manner consistent with the application of
such factors and criteria pursuant to section 1412(c) of this
title. Disposal at or in the vicinity of an alternative site shall
be limited to a period of not greater than 5 years unless the site
is subsequently designated pursuant to section 1412(c) of this
title; except that an alternative site may continue to be used for
an additional period of time that shall not exceed 5 years if -
(1) no feasible disposal site has been designated by the
Administrator;
(2) the continued use of the alternative site is necessary to
maintain navigation and facilitate interstate or international
commerce; and
(3) the Administrator determines that the continued use of the
site does not pose an unacceptable risk to human health, aquatic
resources, or the environment.
(c) Concurrence by Administrator
(1) Notification
Prior to issuing a permit to any person under this section, the
Secretary shall first notify the Administrator of the Secretary's
intention to do so and provide necessary and appropriate
information concerning the permit to the Administrator. Within 30
days of receiving such information, the Administrator shall
review the information and request any additional information the
Administrator deems necessary to evaluate the proposed permit.
(2) Concurrence by Administrator
Within 45 days after receiving from the Secretary all
information the Administrator considers to be necessary to
evaluate the proposed permit, the Administrator shall, in
writing, concur with (either entirely or with conditions) or
decline to concur with the determination of the Secretary as to
compliance with the criteria, conditions, and restrictions
established pursuant to sections 1412(a) and 1412(c) of this
title relating to the environmental impact of the permit. The
Administrator may request one 45-day extension in writing and the
Secretary shall grant such request on receipt of the request.
(3) Effect of concurrence
In any case where the Administrator makes a determination to
concur (with or without conditions) or to decline to concur
within the time period specified in paragraph (2) the
determination shall prevail. If the Administrator declines to
concur in the determination of the Secretary no permit shall be
issued. If the Administrator concurs with conditions the permit
shall include such conditions. The Administrator shall state in
writing the reasons for declining to concur or for the conditions
of the concurrence.
(4) Failure to act
If no written documentation is made by the Administrator within
the time period provided for in paragraph (2), the Secretary may
issue the permit.
(5) Compliance with criteria and restrictions
Unless the Administrator grants a waiver pursuant to subsection
(d) of this section, any permit issued by the Secretary shall
require compliance with such criteria and restrictions.
(d) Waiver of requirements
If, in any case, the Secretary finds that, in the disposition of
dredged material, there is no economically feasible method or site
available other than a dumping site the utilization of which would
result in non-compliance with the criteria established pursuant to
section 1412(a) of this title relating to the effects of dumping or
with the restrictions established pursuant to section 1412(c) of
this title relating to critical areas, he shall so certify and
request a waiver from the Administrator of the specific
requirements involved. Within thirty days of the receipt of the
waiver request, unless the Administrator finds that the dumping of
the material will result in an unacceptably adverse impact on
municipal water supplies, shell-fish beds, wildlife, fisheries
(including spawning and breeding areas), or recreational areas, he
shall grant the waiver.
(e) Federal projects involving dredged material
In connection with Federal projects involving dredged material,
the Secretary may, in lieu of the permit procedure, issue
regulations which will require the application to such projects of
the same criteria, other factors to be evaluated, the same
procedures, and the same requirements which apply to the issuance
of permits under subsections (a), (b), (c), and (d) of this section
and section 1414(a) and (d) of this title.
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