FEDERAL WATER POLLUTION CONTROL ACT--1972 AND 1977 (CWA)

Framework for Dredged Material Management

May 2004

FEDERAL WATER POLLUTION CONTROL ACT--1972 AND 1977 (CWA)

Under Section 404 of the CWA, USACE authorizes discharges of dredged or fill

material in "waters of the United States." The USACE jurisdiction includes most

freshwater areas, estuaries, and nearshore coastal areas including many wetlands inside

the 3-mile limit. Material dredged from waters of the United States and disposed in the

territorial sea is evaluated under MPRSA. In general, dredged material discharged as fill

(e.g., beach nourishment, island creation, or underwater berms) and placed within the

territorial sea is evaluated under the CWA.

The States also review permit applications for discharges in fresh water, estuaries,

and the territorial sea (along with Federal resource agencies). Under Section 401 of

CWA, these disposal operations must be certified by the affected State as complying with

applicable State water quality standards (USEPA 1989).8

MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT (MPRSA)

OF 1972

Under Section 103 of the MPRSA, USACE must evaluate proposed projects that

require the transportation of dredged material for the purpose of disposal in the open

ocean beyond the baseline. The evaluation of these activities is based on Criteria

promulgated in 1977 by the U.S. Environmental Protection Agency (USEPA) after

consultation with USACE and other Federal agencies. These Criteria are revised from

time to time to maintain compatibility with disposal constraints set forth in the London

Dumping Convention to which the United States is a signatory. Non-Corps Federal

projects and private projects that are approved receive an ocean-dumping permit from

USACE. USACE projects are evaluated in accordance with the same Criteria, but they do

not receive formal permits. If a permit does not comply with established Criteria, disposal

of the material cannot proceed unless a waiver is obtained from USEPA.

The USEPA has the primary responsibility for designating ocean-disposal sites

within and beyond the 3-mile limit, i.e., within and beyond the territorial sea. USACE

can and has selected a few ocean- disposal sites, as in the Portland and Mobile Districts,

when USEPA does not have a designated site where one is needed by USACE to carry

out its dredging responsibilities.

LONDON DUMPING CONVENTION (1972)

The London Dumping Convention (LDC) [Convention on the Prevention of

Marine Pollution by Dumping of Waste and Other Matter, December 29, 1972 (26 UST

2403:TIAS 8165)], to which the United States is a signatory, is an international treaty that

deals with marine-waste disposal. The Convention entered into force for the United

States on August 30, 1975. The LDC prescribes a duty to "take all practicable steps" to

prevent pollution resulting from ocean dumping. The dumping of wastes is regulated by

For purposes of this report Criteria (capitalized) refers to criteria developed by the Environmental

Protection Agency under Section 102 of MPRSA relating to the effects of the proposed disposal action.