EP 1165-2-1
30 Jul 99
Intracoastal Waterway) are considered to be general navigation
features (GNF) of a project and subject to cost sharing (for both
construction and O&M) in accordance with procedures set forth in
Section 101 of WRDA 1986. The Federal share of construction of DMDF
associated with the O&M of Federal harbor projects, Federal DMDF O&M
costs, Federal costs of dredging and disposal of contaminated
sediments that are in or that affect the maintenance of a Federal
navigation channel and Federal costs of mitigation for storm damage
and environmental impacts resulting from Federal maintenance activity
are eligible O&M costs under Section 210 of WRDA 1986 and are
reimbursed from the Harbor Maintenance Trust Fund. The use of a DMDF
designed, constructed, managed or operated by a private entity is not
precluded if, consistent with economic and environmental
considerations, the use of such facility is the least-cost
environmentally acceptable alternative.
(b) On Federal projects without a non-Federal sponsor,
mosquito control programs are generally a Federal responsibility.
When, however, non-Federal regulations impose project operational
requirements that create conditions conducive to mosquito propagation,
control programs are their responsibility. Section 148 of Public Law
94-587 calls for using appropriate management practices to extend the
capacity and life of disposal areas. Section 401(c) of Public Law
92-500 provides that when the Chief of Engineers deems it to be in the
public interest, others may be permitted to use dredge material
disposal areas under Corps jurisdiction, subject to an appropriate
charge. Section 217 of WRDA 1996 provides for DMDF partnerships: (a)
the Secretary of the Army may, at the request of a non-Federal
interest, provide additional capacity at a DMDF being constructed by
the Secretary; (b) the Secretary of the Army may permit the use of any
DMDF managed by the Secretary by a non-Federal interest; and (c) the
Secretary of the Army may implement opportunities for public-private
pertnerships in the design, construction, management, or operation of
DMDFs in connection with construction or maintenance of Federal
navigation projects (see paragraph 6-4.a(5) for further conditions and
cost sharing).
(6) Environmental Dredging. There are two distinct
authorities in Section 312 of WRDA 1990, as amended by Section 205 of
WRDA 1996 (P.L. 104-303), as described below, under which the
Secretary of the Army is authorized to remove and/or remediate
contaminated sediments from the navigable waters of the United States.
The authorities of Section 312, as amended, will not be used to remove
or remediate contaminated sediment which are classified as hazardous,
toxic and radioactive wastes (HTRW) (i.e., sediments within the
boundaries of a site designated by the U.S. Environmental Protection
Agency (EPA) or a state for a response action (either a removal action
or remedial action) under the Comprehensive Environmental Compensation
and Liability Act (CERCLA; 42 U.S.C. 9601 et seq), or if they are part
of a National Priority List (NPL) site under CERCLA. Environmental
cleanup of such sites is the primary responsibility of EPA and Civil
Works funds will not be used for cleanup activities. However, direct
assistance to EPA will continue to be provided on a reimbursable basis
for environmental cleanup activities including cleanup dredging and
related studies. Sediments beneath the navigable waters, which are
not classified as HTRW and proposed for removal and remediation under
the authorities of Section 312, as amended, shall be tested and
evaluated for their suitability for disposal in accordance with the
appropriate guidelines and criteria adopted pursuant to Section 404 of
the Clean Water Act (CWA) of 1972 and/or Section 103 of the Marine
Protection and Sanctuaries Act (MPRSA) of 1972 and supplemented by the
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