§ 323.6. Special policies and procedures.
239 words·~1 min read·
/us/cfr/t33/s§ 323.6·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The Secretary of the Army has delegated to the Chief of Engineers the authority to issue or deny section 404 permits. The district engineer will review applications for permits for the discharge of dredged or fill material into waters of the United States in accordance with guidelines promulgated by the Administrator, EPA, under authority of section 404(b)(1) of the CWA. (see 40 CFR part 230.) Subject to consideration of any economic impact on navigation and anchorage pursuant to section 404(b)(2), a permit will be denied if the discharge that would be authorized by such a permit would not comply with the 404(b)(1) guidelines. If the district engineer determines that the proposed discharge would comply with the 404(b)(1) guidelines, he will grant the permit unless issuance would be contrary to the public interest.
(b)The Corps will not issue a permit where the regional administrator of EPA has notified the district engineer and applicant in writing pursuant to 40 CFR 231.3(a)(1) that he intends to issue a public notice of a proposed determination to prohibit or withdraw the specification, or to deny, restrict or withdraw the use for specification, of any defined area as a disposal site in accordance with section 404(c) of the Clean Water Act. However the Corps will continue to complete the administrative processing of the application while the section 404(c) procedures are underway including completion of final coordination with EPA under 33 CFR part 325.
Connections3 cite this
Cited by 3 sections · top 2
3 references not yet in our index
- 40 CFR 230
- 40 CFR 231.3(a)(1)
- 33 CFR 325
Citation graph
cites case law
§ 323.6
Special policies and procedures.
Fed. Reg.×3
Cite40 CFR 230
Cite40 CFR 231.3(a)(1)
Cite33 CFR 325
Cites 3Cited by 3 across 1 source