657 



with interested Federal and State agencies as he 

 deems useful or necessary. No permit shall be Issued 

 for a dumping of material which will violate appli- 

 cable water quality standards. To the extent that he 

 may do so without relaxing the requirements of this 

 subchapter, the Administrator, in establishing or 

 revising such criteria, shall apply the standards and 

 criteria binding upon the United States under the 

 Convention, Including Its Annexes. 



(b) Permit categories. 



The Administrator may establlsh'and Issue vari- 

 ous categories of permits, including the general per- 

 mits described In section 1414(c) of this title. 



(c) Sites and times for dumping. 



The Administrator may. considering the criteria 

 established pursuant to subsection (a) of this sec- 

 tion, designate recommended sites or times for 

 dumping and, when he finds It necessary to protect 

 critical areas, shall, after consultation with the Sec- 

 retary, also designate sites or times within which 

 certain materials may not be dumped. 



(d) Fish wastes. 



No permit Is required under this subchapter for 

 the transportation for dumping or the dumping of 

 fish wastes, except when deposited in harbors or 

 other protected or enclosed coastal waters, or where 

 the Administrator finds that such deposits could en- 

 danger health, the environment, or ecological sys- 

 tems in a specific location. Wliere the Administrator 

 makes such a finding, such material may be de- 

 posited only as authorized by a permit issued by the 

 Administrator under this section. 



(e) Foreign State permits; acceptance. 



In the case of transportation of material, by a 

 vessel or aircraft registered in the United States or 

 flying the United States flag, from a location in a 

 foreign State Party to the Convention, a permit 

 issued pursuant to the authority of that foreign 

 State Party, in accordance with Convention require- 

 ments, and which otherwise could have been issued 

 purusant to subsection (a) of this section, shall be 

 accepted, for the purposes of this subchapter, as if 

 It were Issued by the Administrator under the au- 

 thority of this section. (Pub. L. 92-532, title I, § 102, 

 Oct. 23, 1972, 86 Stat. 1054, amended Pub. L. 93-254, 

 I 1(4) . Mar. 22, 1974, 88 Stat. 51.) 



Amendments 



1974 — Subsec. (a) . Pub. L. 93-254. § 1 (4) (A) . substituted 

 "for which no permit may be Issued." for "as provided for 

 In section 1411 of this title," Inserted "or In the case of 

 a vessel or aircraft registered in the United States or flying 

 the United States flag," after "instrumentality of the 

 United States," and required the Administrator to apply 

 Ihe standards and criteria binding upon the United States 

 under the Convention, including Its Annexes. 



Subsec. (e). Pub. L. 93-254, § 1(4) (B), added sul>sec. 

 (e). 



§ 1413. Dumping permit program for diedged material, 

 (a) Issuance by Secretary of the Army. 



Sub.iect to the provisions of subsections (b), (c), 

 and (di of this section, the Secretary' may Issue 



permits, after notice and opportunity for public 

 hearlnss, 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 environ- 

 ment, ecological systems, or economic potentialities. 



(b) I'ldepe^'dent determinption of need for dumping, 

 other methods of disposal, and appropriate 

 locations. 



In making the determination required by subsec- 

 tion I'a) of this section, the Secretary shall apply 

 those criteria. estaMished pursuant to section 1412 

 (a) of this title. relaMng to the effects of the dump- 

 ing. Based upon an evaluation of the potential eJTect 

 of a permit denial on navigation, economic and In- 

 dustrial 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 ako make an 

 Independent determination as to other possible 

 methods of disposal and as to appropriate locations 

 for the dumping. In considering appropriate loca- 

 tions, he sh-'ll. to the extent feaslMe. utilize the 

 recommended sites designated hy the Administrator 

 pursuant to section 1412fc) of this title. 



(c) n'sr-ero^mpnt of AdniTijstrator with detemiina- 

 tioi of Spcretary of the .\rmy. 

 Prior to Issuing any nermlt under this section, the 

 Secretary shall first notify the -Administrator of his 

 intention to do so. In any case In which the Admin- 

 istrator disagrees with the determination of the 

 Serretan' as to compliance with the .:rlteria estab- 

 lished pursuant to section 1412(a) of this title 

 rela'ing to the effects of the dumping or with the 

 restrictions esfblished pursuant to section 1412(c) 

 of this title relating to critical areas, the determina- 

 tion of the Administrator shall prevail Unless the 

 Administrator grants a waiver pursuant to subsec- 

 tion (d) of this section, the Secretary shall not 

 Issue a permit which does not comply with such 

 criteria and with such restrictions. 



fd") Waiver of requirements. 



If, in any case, the Secretary finds that, in the 

 disposition of dredged material, there is no econom- 

 leallv feasible method or site available other than a 

 dumping site the utilization of which would result 

 in non-compliance with the criteria established pur- 

 suant to section 1412 fa) of this title relating to the 

 effects of dumping or with the restrictions estab- 

 lished pursuant to section 1412(c) of this title relat- 

 ing to critical areas, he shall so certify and request 

 a waiver from the Administrator of the specific re- 

 quirements involved. Within thirty days of the 

 receipt of the waiver request, unless the Administra- 

 tor finds that the dumping of the material wU result 

 In an unacceptably adverse Impact on municipal 

 water supplies, shell-fish beds, wildlife, fisheries (In- 

 cluding spawning and breeding areas), or recrea- 

 tional 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 



