777 



sections 1319 and 1365 of this title, with sections 1311, 

 1312, 1316, 1317, and 1343 of this title, except any 

 standard imposed under section 1317 of this title for 

 a toxic pollutant injurious to human health. Until 

 December 31, 1974, in any case where a permit for 

 discharge has been applied for pursuant to this sec- 

 tion, but final administrative disposition of such 

 application has not been made, such discharge shall 

 not be a violation of (1) section 1311, 1316, or 1342 

 of this title, or (2) section 407 of this title, unless 

 the Administrator or other plaintiff proves that final 

 administrative disposition of such application has 

 not been made because of the failure of the applicant 

 to furnish information reasonably required or re- 

 quested in order to process the application. For the 

 180-day period beginning on October 18, 1972, in 

 the case of any point source discharging any pollu- 

 tant or combination of pollutants immediately prior 

 to such date which source is not subject to section 

 407 of this title, the discharge by such source shall 

 not be a violation of this chapter if such a source 

 applies for a permit for discharge pursuant to this 

 section within such 180-day period. (June 30, 1948, 

 ch. 758, title IV, § 402, as added Oct. 18, 1972, Pub. L. 

 92-500, § 2, 86 Stat. 880.) 



§ 1343. Ocean discharge criteria. 



(a) No permit under section 1342 of this title for 

 a discharge into the territorial sea, the waters of the 

 contiguous zone, or the oceans shall be issued, after 

 promulgation of guidelines established under sub- 

 section (c) of this section, except in compliance with 

 such guidelines. Prior to the promulgation of such 

 g:uidelines, a permit may be issued under such section 

 1342 of this title if the Administrator determines it 

 to be in the public interest. 



(b) The requirements of subsection <d) of section 

 1342 of this title may not be waived in the case of 

 permits for discharges into the territorial sea. 



(c) (1) The Administrator shall, within one hun- 

 dred and eighty days after October 18, 1972 land 

 from time to time thereafter) , promulgate guidelines 

 for determining the degradation of the waters of 

 the territorial seas, the contiguous zone, and the 

 oceans, which shall include: 



(A) the effect of disposal of pollutants on hu- 

 man health or welfare, including but not limited 

 to plankton, fish, shellfish, wildlife, shorelines, and 

 beaches; 



(B) the effect of disposal of pollutants on marine 

 life including the transfer, concentration, and dis- 

 persal of pollutants or their byproducts through 

 biological, physical, and chemical processes; 

 changes in marine ecosystem diversity, productiv- 

 ity, and stability; and species and community 

 population changes; 



(C) the effect of disposal, of pollutants on es- 

 thetic, recreation, and economic values; 



(D) the persistence and permanence of the 

 effects of disposal of pollutants; 



(E) the effect of the disposal of varying rates, 

 of particular volumes and concentrations of 

 pollutants ; 



(F) other possible locations and methods of dis- 

 posal or recycling of pollutants including land- 



based alternatives; and 



(G) the effect on alternate uses of the oceans, 



such as mineral exploitation and scientific study. 



'2) In any event where insufficient information 

 exists on any proposed discharge to malce a reason- 

 able judgment on any of the guidelines established 

 pursuant to this subsection no permit shall be issued 

 under section 1342 of this title. (June 30, 1948, ch. 

 758, title IV, § 403, as added Oct. 18, 1972, Pub. L. 

 92-500, § 2, 86 Stat. 883.) 



§ 1344. Permits for dredged or fill material. 



(a) The Secretary of the Army, acting through 

 the Chief of Engineers, may issue permits, after 

 notice and opportunity for public hearings for the 

 discharge of dredged or fill material into the nav- 

 igable waters at specified disposal sites. 



(b) Subject to subsection (c) of this section, each 

 such disposal site shall be specified for each such 

 permit by the Secretary of the Army (1) through 

 the application of guidelines developed by the Ad- 

 ministrator, in conjunction with the Secretary of 

 the Army, which guidelines shall be based upon 

 criteria comparable to the criteria applicable to the 

 territorial seas, the contiguous zone, and the ocean 

 under section 1343(c) of this title, and (2) in any 

 case where such guidelines under clause (1) alone 

 would prohibit the specification of a site, through 

 the application additionally of the economic impact 

 of the site on navigation and anchorage. 



(c ) The Administrator is authorized to prohibit the 

 specification (including the withdrawal of specifica- 

 tion) of any defined area as a disposal site, and he 

 is authorized to deny or restrict the use of any de- 

 fined area for specification (including the with- 

 drawal of specification ) as a disposal site, whenever 

 he determines, after notice and opportunity for pub- 

 lic hearings, that the discharge of such materials 

 into such area will have an unacceptable adverse 

 effect on municipal water supplies, shellfish beds and 

 fishery areas (including spawning and breeding 

 areas), wildlife, or recreational areas. Before mak- 

 ing such determination, the Administrator shall con- 

 sult with the Secretary of the Army. The Adminis- 

 trator shall set forth in writing and make public 

 his findings and his reasons for making any deter- 

 mination under this subsection. (June 30, 1948, ch, 

 758, title rv, § 404, as added Oct. 18, 1972, Pub. L. 

 92-500, §2, 86 Stat. 884.) 



§ 1345. Disposal of sewage sludge. 



(a) Notwithstanding any other provision of this 

 chapter or of any other law, in any case where the 

 disposal of sewage sludge resulting from the opera- 

 tion of a treatment works as defined in section 1292 

 of this title (including the removal of in-place 

 sewage sludge from one location and its deposit at 

 another location) would result in any pollutant from 

 such sewage sludge entering the navigable waters, 

 such disposal is prohibited except in accordance with 

 a permit issued by the Administrator under this 

 section. 



(b) The Administrator shall issue regulations gov- 

 erning the issuance of permits for the disposal of 

 sewage sludge subject to this section. Such regula- 

 tions shaO require the application to such disposal 



