EP 1165-2-1
30 Jul 99
States, provided that such discharges are found to be in compliance
with the guidelines published by EPA to implement Section 404(b)(1) of
the CWA. Section 404(c) of the CWA authorizes the Administrator of
EPA to prohibit or restrict the use of a disposal site whenever he
determines that the discharge of such materials will have an
unacceptable adverse effect on municipal water supplies, shellfish
beds and fishery areas, wildlife, or recreational areas.
f. Section 103 of the Marine Protection, Research and
Sanctuaries Act (MPRSA) of 1972, as amended, authorizes the Secretary
of the Army to issue permits for the transportation of dredged
material for ocean disposal when the dumping will not unreasonably
degrade or endanger human health, welfare, or amenities, or the marine
environment, ecological system, or economic potentialities. The
selection of disposal sites will be in accordance with criteria
developed by the Administrator of EPA in consultation with the
Secretary of the Army. The Administrator can prevent the issuance of
a permit if he finds that the dumping of the material will result in
an unacceptable adverse impact on municipal water supplies, shellfish
beds, wildlife, fisheries or recreational areas.
21-3. General Policies for Evaluating Permit Applications. The
following policies are applicable to the review of all applications
for Department of the Army permits.
a.
Public Interest Review.
(1) The decision whether to issue a permit is based on an
evaluation of the probable impacts (including cumulative impacts) of
the proposed activity on the public interest. Evaluation of the
probable impacts which the proposed activity may have on the public
interest requires a careful weighing of all those factors which become
relevant in each specific case. The benefits which may reasonably
accrue from the proposal must be balanced against its reasonably
foreseeable detrimental impacts. The decision whether to authorize a
proposed activity, and if authorized, the conditions under which it
will be allowed to occur, are therefore determined by the outcome of
the general public interest balancing process. That decision should
reflect the national concern for both protection and utilization of
important resources. All factors which may be relevant to the
proposal must be considered, as must their cummulative effects.
Considered are: conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife
values, flood hazards, flood plain values, land use, navigation, shore
erosion and accretion, recreation, water supply and conservation,
water quality, energy needs, safety, food and fiber production,
mineral needs and, in general, the needs and welfare of the people.
No permit will be granted if issuance is found to be contrary to the
public interest.
(2) The following general criteria will be considered in the
evaluation of every application:
(a) The relative public and private need for the proposed
structure or work;
(b) Where there are unresolved conflicts respecting resource
use, the practicability of using reasonable alternative locations and
methods to accomplish the objective of the proposed structure or work;
21-3
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