1.6.1 Statutory Overview (Cont.)

proposed dredged material discharges. Pathways from a CDF such as plant or

animal uptake could be considered secondary effects under this section.

Other sections of the Guidelines address methods to minimize adverse effects

at CDFs, such as the use of chemical flocculants to enhance deposition of

suspended particulates, or treatment to neutralize contaminants. Other actions at

CDFs suggested in CFR Section 230.72 might include liners to reduce leaching,

cover crops to reduce erosion, and containing discharged material to prevent point

and nonpoint sources of pollution.

Many of the compliance measures of the Guidelines are aimed at protecting

ecological and human health from proposed dredged or fill material discharges

into waters of the United States. The Guidelines do not focus on CDFs nor do

they exclude use of the Guidelines to capture potential contaminant releases from

CDFs. Instead, the Guidelines take a common sense approach to potential

contaminant releases from proposed dredged material discharge activities. The

USACE supports that common sense approach and has developed this manual to

take full advantage of existing regulatory and evaluation procedures of the

Guidelines to the extent they cover contaminant pathways of concern.

The CWA regulatory mandate for CDF effluent and runoff discharges is very

specific. The discharge of effluent from a CDF is defined as a dredged material

discharge in 33 CFR 323.2 (d) and 40 CFR 232.2 (e):

"The term `discharge of dredged material' means any addition of

dredged material into waters of the United States. The term

includes, without limitation, the addition of dredged material to a

specified discharge site located in waters of the United States and

the runoff or overflow from a contained land or water disposal

area."

In addition, Section 401 of the Clean Water Act provides the States a

certification role as to project compliance with applicable State water quality

standards; effluent limitations may be set as a condition of the certification.

For purposes of the USACE regulatory program "The return water from a

contained disposal area is administratively defined as a discharge of dredged

material by 33 CFR 323.2(d) even though the disposal itself occurs on the upland

and thus does not require a Section 404 permit." The USACE has issued a

Nationwide Permit at 33 CFR 330.5(16) to satisfy the technical requirements for a

Section 404 permit for the return water where the quality of the return water is

regulated by the State through the Section 401 certification process. USACE

authorizations and evaluations are therefore not required when uncontaminated

dredged material is placed in a CDF where the effluent or runoff into waters of the

United States is certified as complying with applicable state Section 401 water

quality certification requirements. Thus, the procedures and evaluation protocols

of this manual do not apply to discharges of uncontaminated dredged material

into CDFs where there is no reason to believe that contaminants might be released

into the environment.

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Chapter 1

Introduction