EP 1165-2-1
30 Jul 99
in the Nation's waters, to be administered by the Secretary of the
Army, acting through the Chief of Engineers. Under the program,
permits are to be issued, after notice and opportunity for public
hearings, for disposal of such material at specified sites. These
sites are to be selected in compliance with guidelines developed by
EPA in conjunction with the Secretary of the Army. EPA is authorized
to forbid or restrict the use of specified areas whenever it
determines that disposal of material at a specific site would have an
unacceptable adverse effect on municipal water supplies, shellfish,
and fishery areas, or recreational activities.
Authority to Maintain Navigation. Section 511(a) provides that
nothing in the Act is to be considered as affecting or impairing the
authority of the Secretary of the Army to maintain navigation (86
Stat. 816, 33 U.S.C. 1371). NOTE: See Public Law 95-217, October 27,
1977, for amendments.
B-117. 21 October 1972, Public Law 92-516--Federal Environmental
Pesticide Control Act. This law revises the Federal Insecticide,
Fungicide, and Rodenticide Act. It provides for more complete
regulation of pesticides to include regulation, restrictions on use,
actions within a single state, and strengthened enforcement (86 Stat.
973, 7 U.S.C. 136).
B-118. 23 October 1972, Public Law 92-532--Marine Protection,
Research and Sanctuaries Act of 1972. Bans the unregulated dumping of
materials into the oceans, estuaries and Great Lakes, (86 Stat. 1052,
33 U.S.C. 1401).
Policy Statements. Section 2 states that unregulated ocean dumping is
injurious to man and the environment and must be strictly controlled.
Prohibited Acts. Section 101 exercises regulatory control, over any
materials which are transported from the United States which would be
dumped in any ocean waters; over any materials which would be dumped
in the territorial sea or the contiguous zone of the United States;
and over any materials transported from any location outside the
United States which would be dumped in ocean waters by any
instrumentality of the United States Government. NOTE: Amended and
restated by Act of March 22, 1974 (Public Law 93-254).
Environmental Protection Agency Permits. Section 102 provides that
the Administrator of the EPA may issue permits for the dumping of
material (not to include dredged material) if he determines that such
dumping would not unreasonably degrade or endanger human health,
welfare or amenities, or the marine environment, ecological systems,
or economic potentialities. The Administrator is permitted to
establish and issue various categories of permits including general
permits (see Section 104), and to designate dump and no-dump sites or
times after consultation with the Secretary of the Army.
Corps of Engineers Permits. Section 103 provides the Secretary of the
Army with permit authority over the transportation of dredged material
for the purpose of dumping in ocean waters. The Secretary may issue
such permits where he determines that such dumping will not
unreasonably degrade or endanger human health, welfare or amenities,
or the marine environment, ecological systems, or economic
potentialities.
Permit Conditions. Section 104 requires that permits granted by
either the Administrator or the Secretary of the Army shall designate
the amount, type and location of the material to be dumped, and the
length of time for the dumping, and, after consultation with the Coast
Guard, provide for any special monitoring and surveillance provisions.
Marine Sanctuaries. Title III permits the Secretary of Commerce,
after appropriate consultation with affected state and Federal
agencies, and public hearings, to designate certain areas of ocean
B-22
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