§ 1412.
(a)
Environmental Protection Agency permits
Except in relation to dredged material, as provided for in
section 1413 of this title, and in relation to radiological, chemical, and biological warfare agents, high-level radioactive waste, and medical waste, for which no permit may be issued, the Administrator may issue permits, after notice and opportunity for public hearings, for the transportation from the United States or, in the case of an agency or instrumentality of the United States, or in the case of a vessel or aircraft registered in the United States or flying the United States flag, for the transportation from a location outside the United States, of material for the purpose of dumping it into ocean waters, or for the dumping of material into the waters described in
section 1411(b) of this title, where the Administrator determines that such dumping will not unreasonably degrade or endanger human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities. The Administrator shall establish and apply criteria for reviewing and evaluating such permit applications, and, in establishing or revising such criteria, shall consider, but not be limited in his consideration to, the following :
(A)
The need for the proposed dumping.
(B)
The effect of such dumping on human health and welfare, including economic, esthetic, and recreational values.
(C)
The effect of such dumping on fisheries resources, plankton, fish, shellfish, wildlife, shore lines and beaches.
(D)
The effect of such dumping on marine ecosystems, particularly with respect to—
(i)
the transfer, concentration, and dispersion of such material and its byproducts through biological, physical, and chemical processes.
(ii)
potential changes in marine ecosystem diversity, productivity, and stability, and
(iii)
species and community population dynamics.
(E)
The persistence and permanence of the effects of the dumping.
(F)
The effect of dumping particular volumes and concentrations of such materials.
(G)
Appropriate locations and methods of disposal or recycling, including land-based alternatives and the probable impact of requiring use of such alternate locations or methods upon considerations affecting the public interest.
(H)
The effect on alternate uses of oceans, such as scientific study, fishing, and other living resource exploitation, and non-living resource exploitation.
(I)
In designating recommended sites, the Administrator shall utilize wherever feasible locations beyond the edge of the Continental Shelf.
In establishing or revising such criteria, the Administrator shall consult with Federal, State, and local officials, and interested members of the general public, as may appear appropriate to the Administrator. With respect to such criteria as may affect the civil works program of the Department of the Army, the Administrator shall also consult with the Secretary. In reviewing applications for permits, the Administrator shall make such provision for consultation with interested Federal and State agencies as he deems useful or necessary. No permit shall be issued for a dumping of material which will violate applicable water quality standards. To the extent that he may do so without relaxing the requirements of this subchapter, the Administrator, in establishing or revising such criteria, shall apply the standards and criteria binding upon the United States under the Convention, including its Annexes.
(c)
Designation of sites
(2)
Prohibitions regarding site or time period
(3)
Dredged material disposal sites
In the case of dredged material disposal sites, the Administrator, in conjunction with the Secretary, shall develop a site management plan for each site designated pursuant to this section. In developing such plans, the Administrator and the Secretary shall provide opportunity for public comment. Such plans shall include, but not be limited to—
(A)
a baseline assessment of conditions at the site;
(B)
a program for monitoring the site;
(C)
special management conditions or practices to be implemented at each site that are necessary for protection of the environment;
(D)
consideration of the quantity of the material to be disposed of at the site, and the presence, nature, and bioavailability of the contaminants in the material;
(E)
consideration of the anticipated use of the site over the long term, including the anticipated closure date for the site, if applicable, and any need for management of the site after the closure of the site; and
(F)
a schedule for review and revision of the plan (which shall not be reviewed and revised less frequently than 10 years after adoption of the plan, and every 10 years thereafter).
(4)
General site management plan requirement; prohibitions
(5)
Management plans for previously designated sites
([Pub. L. 92–532, title I, § 102], Oct. 23, 1972, [86 Stat. 1054]; [Pub. L. 93–254, § 1(4)], Mar. 22, 1974, [88 Stat. 51]; [Pub. L. 96–572, § 3], Dec. 22, 1980, [94 Stat. 3345]; [Pub. L. 100–688, title III, § 3201(b)], Nov. 18, 1988, [102 Stat. 4153]; [Pub. L. 102–580, title V, § 506(a)], Oct. 31, 1992, [106 Stat. 4868]; [Pub. L. 104–303, title V, § 582], Oct. 12, 1996, [110 Stat. 3791]; [Pub. L. 106–53, title V, § 562], Aug. 17, 1999, [113 Stat. 355]; [Pub. L. 110–114, title V, § 5046], Nov. 8, 2007, [121 Stat. 1209].)