§1413 Dumping Permit Program for Dredged Mate­rial

Summary

The Secretary of the Army can give permits to move and dump dredged material into ocean waters. Before doing so, the Secretary must give notice and offer public hearings. A permit can only be issued if the Secretary finds the dumping will not unreasonably harm people, their quality of life, the ocean, ecosystems, or economic uses. When deciding, the Secretary must use the environmental rules in section 1412(a). The Secretary must also decide independently whether dumping is needed, whether other disposal methods exist, and where dumping should happen. The Secretary should use sites the Administrator recommends when possible. If a recommended site can’t be used, the Secretary may pick an alternative site with the Administrator’s agreement. Use of an alternative site is limited to 5 years unless the site is later designated; it can be extended up to 5 more years only if three conditions are met (no feasible designated site, the site is needed for navigation or commerce, and the Administrator finds no unacceptable risk). The Secretary must notify the Administrator and give needed information. The Administrator has 30 days to review and ask for more information and then 45 days (one 45‑day extension allowed) to agree or disagree in writing. If the Administrator disagrees, no permit is issued. If the Administrator does not act in time, the Secretary may issue the permit. The Secretary can request a waiver if no economically feasible alternative exists; the Administrator must grant it within 30 days unless the dumping would have an unacceptably bad effect on municipal water supplies, shellfish beds, wildlife, fisheries (including spawning and breeding), or recreational areas. For federal dredging projects, the Secretary may set rules that follow the same criteria and procedures instead of issuing individual permits.