EP 1165-2-1
30 Jul 99
the cost sharing will be the minimum non-Federal cost-sharing
requirement for the underlying flood control purpose (see paragraph
6-5).
3-5. Clean Water Act (CWA). There are two primary requirements of
the CWA with regard to Corps water resources projects. Full
compliance with the CWA must be attained before the initiation of
project construction. (ER 1105-2-100)
a. Section 404. Corps projects involving the discharge of
dredged or fill material into the waters of the United States shall be
developed in accordance with guidelines promulgated by the
Administrator of the Environmental Protection Agency (EPA) in
conjunction with the Secretary of the Army under the authority of
Section 404(b)(1) of the CWA (40 CFR 230) unless the activity is
exempt under Section 404(f). Procedures for the evaluation of
potential contaminant-related impacts associated with the discharge of
dredged material, as required by the Section 404(b)(1) Guidelines are
contained in the "Evaluation of Dredged Material Proposed for
Discharge in the Waters of the U.S. - Testing Manual" commonly
referred to as the Inland Testing Manual which was jointly developed
by the EPA and the Corps. The investigations and analysis required by
the Section 404(b)(1) Guidelines shall be included in feasibility
reports. (ER 1105-2-100)
b. State Water Quality Certification. Section 401 of the CWA
requires that the Corps obtain certification from the state or
interstate water control agencies that a proposed water resources
project is in compliance with established effluent limitations and
water quality standards. If the state in question has assumed
responsibilities for the 404 regulatory program, a state 404 permit
would be obtained which would serve as the certification of
compliance. Section 404(r) waives the requirement to obtain the state
water quality certificate if the information on the effects of the
discharge are included in an EIS on the proposed project submitted to
Congress before the discharge takes place and prior to either
authorization of the project or appropriation of construction funds.
It is the general policy of the Corps to seek state water quality
certification rather than utilizing the Section 404(r) exemption. (ER
1105-2-100)
3-6. Marine Protection, Research and Sanctuaries Act (MPRSA). For
projects involving transportation of dredged material through the
territorial sea for the purpose of ocean disposal, or involving
dredged material disposal within the territorial seas for the primary
purpose of disposal, the discharge will be evaluated under Section 103
of the MPRSA. The disposal must meet the criteria established by the
EPA (40 CFR 227 & 228). Procedures for evaluating the potential
contaminant-related impacts of disposing dredged material in the ocean
are contained in the "Evaluation of Dredged Material Proposed for
Ocean Disposal - Testing Manual" jointly developed by EPA and the
Corps. The Corps will generally utilize ocean disposal sites
designated by the EPA to the maximum extent practical. Where no EPA
designated site is available, the Corps may select a suitable ocean
disposal site or sites using procedures and outlined criteria in 40
CFR 228.4(e), 228.5 and 228.6. Potential ocean disposal sites will be
specified in feasibility reports and, to the fullest extent
practicable, the Section 103 evaluation will be completed during the
feasibility study. (ER 1105-2-100)
3-7.
National Pollution Discharge Elimination System (NPDES) Storm
3-5
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