EP 1165-2-502
30 Sep 99
of future O&M costs3. Opportunities for these projects will be identified through dredged material
management planning activities. Guidance on development, review, approval, and implementation
of Dredged Material Management Plans is contained in ER 1105-2-100. The non-Federal sponsor
is responsible for all costs related to the disposal of the contaminated sediments.
Recommendations that the Corps participate in the removal of these sediments must demonstrate
that the recommended cleanup plan is the most cost effective alternative consistent with sound
engineering practices and established environmental standards, and that it maximizes net O&M
savings considering both Federal and non-Federal costs.
(2) Removal of Contaminated Sediments from Navigable Waters. The Corps may participate
in removal of contaminated sediments from navigable waters of the United States for the purposes
of ecosystem restoration 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. The non-Federal
sponsor will pay 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. Such projects may
include removal and disposal of contaminated sediment, removal and remediation of contaminated
sediment, or remediation of contaminated sediments in place.
(a) Removal and remediation of contaminated sediments may be one component of
comprehensive plans for ecosystem restoration. Creative solutions and financial partnerships
involving all levels of government should be sought in developing removal and remediation plans.
Duplication of Federal programs should be avoided and plans for sediment removal and
remediation should recognize appropriate Federal, state, tribal and local agency roles. Projects will
be evaluated and justified consistent with the policy and guidance provided for specifically
authorized ecosystem restoration projects, however the cost sharing requirements differ. Total
Federal expenditures to carry out sediment removal and remediation under this authority may not
exceed million in any fiscal year. Projects may be considered for a reconnaissance phase new
start study, with a budget request developed and submitted in accordance with program guidance
(Annual Program EC).
(b) Specific Congressional authorization of these projects is not required. Preparation of a
feasibility report will meet the Section 312 (c) requirement for development of a joint plan. The
feasibility report for the project must be approved by the Assistant Secretary of the Army (Civil
Works). Based on report (decision document) approval, construction starts for contaminated
sediment removal and remediation projects will be sought through the budget process. More
detailed guidance on using this authority can be obtained from CECW-A and from
http://www.usace.army.mil/inet/functions/cw/cecwa/branches/guidance/PGLS/pglindex.htm.
3
Savings in future O&M costs are those associated with reduction in dredging and disposal costs
through reduction of contaminated input into the navigation channel. For example, reduction of
contaminated sediment may allow continuation or resumption of open water disposal and elimination of the
need for more costly confined disposal.
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