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401 of the Federal Water Pollution Control Act will be deemed waived, in accordance with the terms thereof, if such certification is not received within 60 days of notice to the appropriate State agency under § 222.3(c), or such longer period to which the Administrator, Regional Administrator, or their designees, may agree.

§ 222.5 Initiation of hearings.

(a) Any person may, within 30 days of the date on which all provisions of § 222.3(b) have been complied with, request a public hearing to consider the issuance of any permit applied for under this part. Any such request for a public hearing must be in writing, and must state any objections to the issuance of the proposed permit, and the issues which are proposed to be considered at the hearing.

(b) Upon receipt of a written request meeting the requirements of paragraph (a) of this section, the Administrator, regional administrator, or a designee of either, will fix a time and place for a public hearing, and shall publish notice of such hearing in accordance with § 222.7 whenever such request presents bona fide issues amendable to resolution by public hearing.

(c) In the event the Administrator, regional administrator, or a designee of either, determines that a request purportedly made pursuant to this section does not comply with the requirements of paragraph (a) of this section, he shall so advise, in writing, the person requesting the hearing, and shall proceed to rule on the permit application in accordance with § 222.4(a).

§ 222.6 Time and place of hearings.

When the Administrator or Regional administrator grants a request for a public hearing pursuant to § 222.5(a), he shall designate an appropriate location for such hearings, and an appropriate time which shall be no sooner than 30 days following the receipt of such request. Where possible, public hearings shall be held in a location in the State, if any, to which notice of the permit application was given pursuant to

§ 222.3(c).

§ 222.7 Notice of hearings.

Notice of public hearings, including information as to their time and place, shall be given, at a minimum, to persons to whom, and in the manner in which,

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The administrator or regional administrator may designate a presiding officer to conduct a hearing convened pursuant to this part. The presiding officer shall be responsible for the expeditious conduct of the hearing, and shall cause a suitable record (including, if appropriate, a verbatim transcript) of the proceedings to be made. Any person may appear at a hearing convened pursuant to this part whether or not he requested the hearing, and may be represented by counsel or any other authorized representative. The presiding officer is authorized to set forth reasonable restrictions on the nature or amount of documentary material or testimony presented at a hearing, giving due regard to the relevancy of any such information, and to the avoidance of undue repetitiveness of information presented. No cross-examination of any person, including the applicant, appearing at a hearing shall be permitted, although the presiding officer may, in his discretion, address to persons or their authorized representatives questions submitted in writing by participants at a hearing. § 222.9 Recommendations of presiding officer.

At any time following the adjournment of a public hearing convened pursuant to this part, the presiding officer may prepare written recommendations relating to the issuance or denial of the proposed permit, or relating to any conditions which he believes may appropriately be imposed on any such permit, after full consideration of the views and arguments expressed at the hearing: Provided, That the presiding officer's findings and recommendations, if any, and the record of the hearing, will in all cases be completed and forwarded to the Administrator, Regional Administrator, or their designated representatives within 30 days following adjournment of the hearing. Copies of the presiding officer's findings and recommendations, if any, shall be provided to any interested person on request, free of charge. Copies of the record will be provided in accordance with § 2.111 of this chapter.

§ 222.10 Issuance of permits after hearings.

Within 30 days following receipt of the presiding officer's findings and rec

ommendations, if any, but in no event later than 180 days from the time limit specified in § 222.1, the Administrator, Regional Administrator, or their designees, shall make a final determination with respect to the issuance, denial, or imposition of conditions on, any permit applied for under this part.

PART 223-CONTENTS OF PERMITS Sec.

223.1 Contents of permits. 223.2 Generally applicable conditions of permits.

AUTHORITY: Title I, Marine Protection, Research, and Sanctuaries Act of 1972, Public Law 92-532.

SOURCE: 38 FR 8729, Apr. 5, 1973, unless otherwise noted.

§ 223.1 Contents of permits.

Special permits, which may be issued on forms to be published by EPA, will include at a minimum the following:

(a) Name of permittee;

(b) Means of conveyance and methods and procedures for disposal of material to be dumped; and, in the case of permits for the transportation of material for dumping, the port from which such material will be transported;

(c) A complete description, including all relevant chemical and physical properties and quantities, of the material to be dumped;

(d) The disposal site;

(e) The times at which the permitted dumping may occur;

(f) Such monitoring relevant to the assessment of the impact of permitted dumping activities on the marine environment at the disposal site as the Administrator determines is feasible; and

(g) Any other terms and conditions, including those with respect to release procedures, determined to be necessary and adequate in order to conform the permitted dumping activities to the factors set forth in section 102(a) of the Act, and the criteria set forth in part 227 of this chapter.

§ 223.2 Generally applicable conditions of permits.

(a) Modification or revocation.—Any general or special permit issued under this part shall be subject to modification, or revocation in whole or in part for cause, as follows:

(1) Violation of any term or condition of the permit;

(2) Misrepresentation, inaccuracy, or failure to disclose all relevant facts in the permit application;

(3) Changed circumstances, such as changes in conditions obtaining at the designated dumping site, and newly discovered scientific data relevant to the granting of the permit;

(4) Failure to keep the records, and to notify appropriate officials of dumping activities, as specified in §§ 224.1 and 224.2 of this chapter.

(b) Suspension.-In addition to the conditions of a permit imposed pursuant to paragraph (a) of this section, each permit shall be subject to suspension by the Administrator or Regional Administrator if he determines that the permitted dumping has resulted, or is resulting, in imminent and substantial harm to human health or welfare or the marine environment. Such suspension shall be effective immediately upon receipt of notification thereof by the permittee.

(c) Hearings.-Within 30 days after receipt of notice of revocation or modification pursuant to paragraph (a) of this section, or of suspension pursuant to paragraph (b) of this section, a permittee or other interested person may request in writing a hearing on the issues raised by any such revocation or suspension. Upon receipt of any such request, the Administrator or Regional Administrator shall appoint a hearing officer to conduct an adjudicatory hearing as may be required by law and by this subchapter as now or hereafter in effect.

Sec.

PART 224-RECORDS

224.1 Records of permittees. 224.2 Reports.

AUTHORITY: Title I, Marine Protection, Research and Sanctuaries Act of 1972, Public Law 92-532.

SOURCE: 38 FR 8729, Apr. 5, 1973, unless otherwise noted.

§ 224.1 Records of permittees.

Each permittee under a special permit, and each person availing himself of the privilege conferred by a general permit, shall maintain complete records, which will be available for inspection by the Administrator, Regional Administrator, or their designees, of:

(a) The nature, including a complete description of relevant physical and chemical characteristics, of material dumped pursuant to the permit;

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(a) Periodic reports.-Information included in records required to be kept pursuant to § 224.1 shall be reported to the EPA official who issued the permit in question, as follows:

(1) As of the end of each 6-month period, if any, measured from the effective date of the permit and ending before its expiration;

(2) As of the expiration of the permit, unless renewed; and

(3) As otherwise required in the conditions of the permit.

(b) Time of reporting.-Reports required by this section must be received by EPA within 30 days of the date as of which the information is required to be reported: Provided, That if an application for renewal of a special permit is pending at such time, the report required by paragraph (a) (2) of this section may be deferred until 30 days after the date of a denial of the renewal application.

(c) Emergencies.-If material the dumping of which is regulated under this subchapter is dumped, without a permit, in an emergency to safeguard life at sea, the owner or operator of the vessel from which such dumping occurs shall within 30 days report to the Administrator the information required under § 224.1, and a complete description of the emergency which occasioned the dumping.

Sec.

PART 225-CORPS OF ENGINEERS PERMITS

225.1 General.

225.2 Review of corps permit applications. 225.3 Waivers.

AUTHORITY: Title I, Marine Protection, Research, and Sanctuaries Act of 1972, Public Law 92-532.

SOURCE: 38 FR 8729, Apr. 5, 1973, unless otherwise noted.

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As indiciated in § 220.1 of this chapter, the Corps of Engineers, U.S. Army, has the authority to issue permits for the transportation and dumping of dredged material. As defined in the act, "dredged material" means "any material excavated or dredged from the navigable waters of the United States." EPA personnel will not act initially on any application received for the transportation or dumping of dredged material, but will forthwith forward any such application to the appropriate office of the corps. which will, in acting on any such application, apply the criteria in part 227 of this chapter.

§ 225.2 Review of corps permit appli

cations.

Within 15 days following receipt of notification, pursuant to section 103 (c) of the Act, the Administrator, regional administrator or the designee of either, will notify in writing the corps of his disagreement, if any, to the issuance of the permit in question, on the grounds that it would not be in accordance with the criteria of part 227 of this chapter, or would violate section 102(c) of the Act (pertaining to critical areas). § 225.3 Waivers.

If, after notice of disagrement is given the corps pursuant to § 225.2, a request for a waiver is received pursuant to section 103(d) of the Act, such request will be forwarded to the Administrator: Provided, That if any such request does not include the finding required by section 103(d) of the Act as to economically feasible methods of disposal, and the basis for such finding, the request will be denied. The Administrator will act on the request for a waiver, in accordance with section 103(d) of the Act, within 30 days of receipt thereof by EPA.

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In addition to the criminal penalties provided for in section 105(b) of the act, the Administrator or his designee may assess a civil penalty of not more than $50,000 for each violation of the act and of this subchapter. Upon receipt of information that any person has violated any provision of the act or of this subchapter, the Administrator or his designee will notify such person in writing of the violation with which he is charged, and will convene a hearing to be convened no sooner than 60 days of such notice, at a convenient location, before a hearing officer. Such hearing shall be conducted in accordance with the procedures of § 226.2.

§ 226.2 Enforcement hearings.

Hearings convened pursuant to § 226.1 shall be trial-type hearings on a record before a hearing officer. Parties may be represented by counsel, and will have the right to submit motions, to present evidence in their own behalf, to cross-examine adverse witnesses, to be apprised of all evidence considered by the hearing officer, and to receive copies of the transcript of the proceedings. Formal rules of evidence will not apply. The hearing officer will rule on all evidentiary matters, and on all motions, which will be subject to review pursuant to § 226.3. § 226.3 Determinations.

Within 30 days following adjournment of the hearing, the hearing officer will in all cases make findings of facts and recommendations to the Administrator, including, when appropriate, a recommended appropriate penalty, after consideration of the gravity of the violation, prior violations by the person charged, and the demonstrated good faith by such person in attempting to achieve rapid compliance with the provisions of the act and this subchapter. A copy of the findings and recommendations of the hearing officer shall be provided to the person charged at the same time they are forwarded to the Administrator. Within 30 days of the date on which the hearing officer's findings and recommendations are forwarded to the Administrator, any party objecting thereto may file written exceptions with the Administrator. § 226.4 Final action.

A final order on a proceeding under this part will be issued by the Adminis

trator or by such other person designated by the Administrator to take such final action, no sooner than 30 days following receipt of the findings and recommendations of the hearing officer. A copy of the final order will be served by registered mail (return receipt requested) on the person charged or his representative. In the event the final order assesses a penalty, it shall be payable within 60 days of the date of receipt of the final order, unless judicial review of the final order is sought by the person against whom the penalty is assessed.

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waters of any material which would adversely affect human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities, or plankton, fish, shellfish, wildlife, shorelines, or beaches.

(b) These criteria apply to the evaluation of permit applications for the dumping of gaseous, solid, and/or liquid matter of any kind or description.

(c) The dumping of some types of waste materials into the marine environment is prohibited because explicit legislative requirements. Such prohibited waste materials are identified in § 227.2.

(d) The dumping of some types of waste materials into the marine environment is strictly regulated because of known adverse dietrimental effects on the aquatic ecosystem or human health and welfare. These materials and limiting concentrations and conditions upon the dumping of these materials are given in § 227.3. The concentrations and quantities of materials identified in this section are based on the most current scientific knowledge and will be subject to revision as more knowledge of marine processes and ecosystems becomes available. It is the goal of the ocean dumping permit program of the Environmental Protection Agency to require development of implementation plans for elimination of dumping of any materials in excess of these concentrations and quantities as rapidly as possible.

(e) The dumping of some types of waste materials is subject to general regulation and permission because of the minimal adverse environmental effects to be anticipated by reason of such disposal. These generally permitted waste materials are described in § 227.5.

(f) Irrespective of other stated specific requirements, no permit will be issued which would result in the violation of applicable existing State water quality standards.

(g) Materials may be dumped at designated disposal sites, to the extent that such materials conform to the criteria described in this part. Additional dumping sites may be approved upon receipt of information indicating that materials may be disposed of at these sites without violating the Act or the provisions of this subchapter. Wherever feasible, the Administrator shall designate locations beyond the edge of the Continental Shelf as recommended disposal sites.

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§ 227.21 Materials for which no permit will be issued.

The dumping, or transportation for dumping, of the following materials will not be approved by EPA under any circumstances:

(a) High-level radioactive wastes as defined in § 227.75.

(b) Materials in whatever form (e.g., solids, liquids, semiliquids, gases, or in a living state) produced for radiological, chemical, or biological warfare.

(c) Materials insufficiently described in terms of their physical, chemical, or biological properties to permit evaluation of their impact on marine ecosystems.

(d) Persistent inert synthetic or natural materials which may float or remain in suspension in the ocean may not be dumped. They may, however, be dumped when they have been processed in such a fashion that they will sink to the bottom and remain in place.

§ 227.22 Other prohibited materials.

Subject to the exclusion of paragraph (e) of this section, the dumping, or transportation for dumping, of wastes containing more than trace concentrations of the following materials will not be approved by EPA:

(a) Organohalogen compounds and compounds which may form such substances in the marine environment.

(b) Mercury and mercury compounds. (c) Cadmium and cadmium pounds.

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(d) Crude oil, fuel oil, heavy diesel oil, and lubricating oils, hydraulic fluids, and any mixtures containing these, taken on board for the purpose of dumping, insofar as these are not regulated under Public Law 92-500.

(e) Paragraphs (a) through (d) of this section do not apply to materials which are rapidly rendered harmless by physical, chemical, or biological processes in the sea; provided they will not, if dumped, make edible marine organisms unpalatable; or will not, if dumped, endanger human health or that of domestic animals, fish, shellfish and wildlife.

§ 227.30 Strictly regulated dumping.

The dumping, or transportation for dumping, of certain materials may be approved for ocean disposal only under special permit when it can be demon

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