§1413 Dumping permit program for dredged mate­rial

Summary

The Secretary can allow people to move dredged material and dump it in ocean waters only if the dumping will not harm people, their use of the water, the marine environment, ecosystems, or the economy. In deciding, the Secretary must use the environmental criteria in the law, check whether denying the permit would hurt navigation, business, or trade, and look at other disposal methods and places. The Secretary should use sites the Administrator recommends when possible. If a recommended site is not possible, the Secretary may pick an alternative site with the Administrator’s agreement. An alternative site may be used for up to 5 years unless it becomes a recommended site. It can be extended one more time for up to 5 years only if no recommended site exists, continued use is needed for navigation or commerce, and the Administrator finds no unacceptable risk. Before issuing a permit, the Secretary must tell the Administrator and give needed information. The Administrator has 30 days to review and ask for more information, then 45 days after getting everything to agree (with or without conditions) or to disagree in writing; one 45-day extension is allowed. If the Administrator disagrees, no permit is issued. If the Administrator does not respond in time, the Secretary may issue the permit. The Secretary can ask the Administrator for a waiver if no feasible alternatives exist; the Administrator must grant the waiver within 30 days unless dumping would unacceptably harm municipal water supplies, shellfish beds, wildlife, fisheries (including spawning and breeding areas), or recreation. For federal dredging projects, the Secretary may make rules that use the same criteria and procedures instead of individual permits.