EP 1165-2-1
30 Jul 99
Testing Manuals.
(a) Section 312(a). Implementation of this section may be
considered where the contaminated material is located outside and
adjacent to a Federal navigation channel and contributes to
contamination of material in the Federal navigation channel and it can
be demonstrated that the costs of removal and remediation, as
appropriate, of the contaminated sediment are economically justified
based on savings in future O&M costs. Savings in future O&M costs are
those associated with reduction in dredging and disposal costs through
the reduction of contaminated sediment input into the navigation
channel (e.g., reduction of contaminated sediment may allow
continuation or resumption of open water disposal, remediation, and
elimination of the need for more costly confined disposal).
Implementation of this section will require agreement by a non-Federal
sponsor to provide all costs related to disposal of contaminated
sediment. Under this policy, disposal costs are considered those
costs not directly related to removal (dredging), remediation
(treatment), and transport of the material to reasonably proximate
disposal sites; and includes those costs associated with lands,
easements, rights-of-way, retaining dikes, bulkheads, embankments,
excavation of subaqueous pits, capping/liner requirements, fish and
wildlife mitigation associated with the disposal area, and maintenance
and management of the disposal area. The dredging, transport,
disposal, and remediation must be environmentally acceptable pursuant
to all applicable Federal statutes and regulations.
(b) Section 312(b). Removal and remediation of contaminated
sediment from the navigable waters of the United States for the
purposes of environmental enhancement (restoration) and water quality
improvement may be considered for implementation if requested by an
appropriate non-Federal sponsor and if it is consistent with current
program and budget priorities in effect at the time of consideration.
Implementation of Section 312(b) will require agreement by a non-
Federal sponsor to provide 50 percent of the costs of removal and
remediation. In addition, all costs related to the disposal of
contaminated sediment are a non-Federal responsibility. Disposal
costs are considered those not directly related to removal (dredging),
remediation (treatment), and transport of the material to reasonably
proximate disposal sites; and includes those costs associated with
lands, easements, rights of way, retaining dikes, bulkheads,
embankments, excavation of subaqueous pits, capping/liner
requirements, fish and wildlife mitigation associated with the
disposal area, and maintenance and management of the disposal area. A
project under Section 312(b) authority may include removal and
disposal of contaminated sediment, removal and remediation of
contaminated sediment, or remediation of contaminated sediments in
place.
(7) Dredged Material Management Studies. The policy in the
following paragraphs regarding development and financing of studies
required for dredged material management at existing Federal
navigation (harbor and inland harbor) projects is applicable to all
Federal navigation projects maintained by the Corps which are eligible
for reimbursement of O&M costs from the Harbor Maintenance Trust Fund
(HMTF). The policy is not applicable to the inland waterways subject
to the waterways user fuel taxes under Public Law 95-502, as amended.
(a) Study Authorities. Dredged material management plan
(DMMP) studies for existing Federal navigation projects shall be
conducted pursuant to existing authorities for individual project O&M
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