33 U.S.C. § 1413 — Dumping permit program for dredged mate­rial

(a) Army Secretary permits. Subject to (b), (c), and (d), the Secretary may issue permits after notice and an opportunity for public hearings to transport dredged material for ocean dumping. The Secretary must determine that dumping will not unreasonably degrade or endanger health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities.
(b) Need, methods, locations, and alternatives. The Secretary must apply the dumping-effect criteria established under section 1412(a). After considering how denying a permit could affect navigation, economic and industrial development, and United States foreign and domestic commerce, the Secretary must independently decide whether dumping is needed. The Secretary must also independently consider other disposal methods and suitable locations. To the maximum feasible extent, the Secretary must use sites the Administrator recommended under section 1412(c). If a designated site is not feasible, the Secretary may select an alternative with the Administrator’s agreement. The alternative must be selected using the section 1412(a) criteria and factors consistently with section 1412(c). Disposal at or near an alternative site may last no more than 5 years unless the site is later designated under section 1412(c). It may continue for one additional period of no more than 5 years only if (1) the Administrator has designated no feasible site, (2) continued use is needed to maintain navigation and support interstate or international commerce, and (3) the Administrator finds no unacceptable risk to human health, aquatic resources, or the environment.
(c) Administrator’s concurrence. (1) Before issuing a permit, the Secretary must notify the Administrator and provide needed and appropriate information. Within 30 days, the Administrator must review it and request any additional information needed to evaluate the permit. (2) Within 45 days after receiving all information the Administrator considers necessary, the Administrator must give written concurrence, with or without conditions, or decline to concur in the Secretary’s determination that the permit meets the environmental criteria, conditions, and restrictions under sections 1412(a) and (c). The Administrator may request one written 45-day extension, which the Secretary must grant. (3) A timely concurrence or refusal controls. If the Administrator refuses, no permit may issue. If concurrence has conditions, the permit must include them. The Administrator must give written reasons for refusal or conditions. (4) If the Administrator provides no written document within the period in paragraph (2), the Secretary may issue the permit. (5) Unless the Administrator waives requirements under (d), the permit must require compliance with the criteria and restrictions.
(d) Waiver. If the Secretary certifies that no economically feasible disposal method or site exists other than one that would fail the section 1412(a) dumping-effect criteria or section 1412(c) critical-area restrictions, the Secretary must request a waiver of the specific requirements. Within 30 days after receiving the request, the Administrator must grant it unless the Administrator finds that dumping would have an unacceptably adverse impact on municipal water supplies, shellfish beds, wildlife, fisheries (including spawning and breeding areas), or recreational areas.
(e) Federal projects. For Federal projects involving dredged material, the Secretary may issue regulations instead of using permits. The regulations may require those projects to use the same criteria, factors, procedures, and requirements that apply to permits under (a) through (d) and section 1414(a) and (d).