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ommendations, if any, but in no event (2) Misrepresentation, inaccuracy, or later than 180 days from the time limit failure to disclose all relevant facts in specified in § 222.1, the Administrator, the permit application; Regional Administrator, or their desig- (3) Changed circumstances, such as nees, shall make a final determination changes in conditions obtaining at the with respect to the issuance, denial, or designated dumping site, and newly disimposition of conditions on, any permit covered scientific data relevant to the applied for under this part.

granting of the permit;

(4) Failure to keep the records, and to PART 223—CONTENTS OF PERMITS notify appropriate oficials of dumping Sec.

activities, as specified in $$ 224.1 and 223.1 Contents of permits.

224.2 of this chapter. 223.2 Generally applicable conditions of (b) Suspension.

In addition to the permits.

conditions of a permit imposed pursuant AUTHORITY: Title I, Marine Protection, to paragraph (a) of this section, each Research, and Sanctuaries Act of 1972, Pub- permit shall be subject to suspension by lic Law 92-532.

the Administrator or Regional AdminisSOURCE: 38 FR 8729, Apr. 6, 1973, unless

trator if he determines that the perotherwise noted.

mitted dumping has resulted, or is re8 223.1 Contents of permits.

sulting, in imminent and substantial

harm to human health or welfare or Special permits, which may be issued the marine environment. Such suspenon forms to be published by EPA, will sion shall be effective immediately upon include at a minimum the following: receipt of notification thereof by the (a) Name of permittee;

permittee. (b) Means of conveyance and meth- (c) Hearings.Within 30 days after ods and procedures for disposal of ma- receipt of notice of revocation or moditerial to be dumped; and, in the case fication pursuant to paragraph (a) of of permits for the transportation of ma- this section, or of suspension pursuant to terial for dumping, the port from which paragraph (b) of this section, a persuch material will be transported; mittee or other interested person may

(c) A complete description, including request in writing a hearing on the issues all relevant chemical and physical raised by any such revocation or susproperties and quantities, of the ma- pension. Upon receipt of any such reterial to be dumped;

quest, the Administrator or Regional Ad(d) The disposal site;

ministrator shall appoint a hearing ofi(e) The times at which the permitted cer to conduct an adjudicatory hearing dumping may occur;

as may be required by law and by this (f) Such monitoring relevant to the subchapter as now or hereafter in effect. assessment of the impact of permitted dumping activities on the marine en

PART 224— RECORDS vironment at the disposal site as the Ad

Sec. ministrator determines is feasible; and

224.1 Records of permittees.

224.2 Reports. (g) Any other terms and conditions,

AUTHORITY: Title I, Marine Protection, Reincluding those with respect to release

search and Sanctuarles Act of 1972, Public procedures, determined to be necessary

Law 92-532. and adequate in order to conform the

SOURCE: 38 FR 8729, Apr. 6, 1973, unless permitted dumping activities to the fac

otherwise noted. tors set forth in section 102(a) of the Act, and the criteria set forth in part

§ 224.1 Records of permittees. 227 of this chapter.

Each permittee under a special permit, $ 223.2 Generally applicable conditions

and each person availing himself of the of permits.

privilege conferred by a general permit,

shall maintain complete records, which (a) Modification or revocation.—Any

will be available for inspection by the general or special permit issued under

Administrator, Regional Administrator, this part shall be subject to modifica- or their designees, of: tion, or revocation in whole or in part (a) The nature, including a complete for cause, as follows:

description of relevant physical and (1) Violation of any term or condition chemical characteristics, of material of the permit;

dumped pursuant to the permit;

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. 8 222.5 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). 8 222.6 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). 8 222.7 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,

notice of the permit application was published pursuant to g 222.3. 8 222.8 Conduct of hearings.

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. 8 222.9 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 hear.

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

ommendations, if any, but in no event (2) Misrepresentation, inaccuracy, or later than 180 days from the time limit failure to disclose all relevant facts in specified in § 222.1, the Administrator, the permit application; Regional Administrator, or their desig- (3) Changed circumstances, such as nees, shall make a final determination changes in conditions obtaining at the with respect to the issuance, denial, or designated dumping site, and newly disimposition of conditions on, any permit covered scientific data relevant to the applied for under this part.

granting of the permit;

(4) Failure to keep the records, and to PART 223—CONTENTS OF PERMITS notify appropriate officials of dumping Sec.

activities, as specified in $ $ 224.1 and 223.1 Contents of permits.

224.2 of this chapter. 223.2 Generally applicable conditions of (b) Suspension.-In addition to the permits.

conditions of a permit imposed pursuant AUTHORITY: Title I, Marine Protection, to paragraph (a) of this section, each Research, and Sanctuaries Act of 1972, Pub- permit shall be subject to suspension by lic Law 92-532.

the Administrator or Regional AdminisSOURCE: 38 FR 8729, Apr. 5, 1973, unless

trator if he determines that the perotherwise noted.

mitted dumping has resulted, or is re8 223.1 Contents of permits.

sulting, in imminent and substantial

harm to human health or welfare or Special permits, which may be issued the marine environment. Such suspenon forms to be published by EPA, will sion shall be effective immediately upon include at a minimum the following: receipt of notification thereof by the (a) Name of permittee;

permittee. (b) Means of conveyance and meth- (c) Hearings.-Within 30 days after ods and procedures for disposal of ma- receipt of notice of revocation or moditerial to be dumped; and, in the case fication pursuant to paragraph (a) of of permits for the transportation of ma- this section, or of suspension pursuant to terial for dumping, the port from which paragraph (b) of this section, a persuch material will be transported;

mittee or other interested person may (c) A complete description, including request in writing a hearing on the issues all relevant chemical and physical raised by any such revocation or susproperties and quantities, of the ma- pension. Upon receipt of any such reterial to be dumped;

quest, the Administrator or Regional Ad(d) The disposal site;

ministrator shall appoint a hearing off(e) The times at which the permitted cer to conduct an adjudicatory hearing dumping may occur;

as may be required by law and by this (f) Such monitoring relevant to the subchapter as now or hereafter in effect. assessment of the impact of permitted dumping activities on the marine en

PART 224-RECORDS vironment at the disposal site as the Ad

Sec.

224.1 ministrator determines is feasible; and

Records of permittees.

224.2 Reports. (g) Any other terms and conditions, including those with respect to release

AUTHORITY: Title I, Marine Protection, Re

search and Sanctuaries Act of 1972, Public procedures, determined to be necessary Law 92-532. and adequate in order to conform the

SOURCE: 38 FR 8729, Apr. 6, 1973, unless permitted dumping activities to the fac

otherwise noted. tors set forth in section 102(a) of the Act, and the criteria set forth in part

8 224.1 Records of permittees. 227 of this chapter.

Each permittee under a special permit, $ 223.2 Generally applicable conditions

and each person availing himself of the of permits.

privilege conferred by a general permit,

shall maintain complete records, which (a) Modification or revocation.-Any will be available for inspection by the general or special permit issued under Administrator, Regional Administrator, this part shall be subject to modifica- or their designees, of: tion, or revocation in whole or in part (a) The nature, including a complete for cause, as follows:

description of relevant physical and (1) Violation of any term or condition chemical characteristics, of material of the permit;

dumped pursuant to the permit;

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(b) The precise times and locations of dumping:

(c) Any other information reasonably required as a condition of a permit by the Administrator, Regional Administrator, or their designees for the purpose of determining:

(1) Whether dumping has in fact been accomplished in accordance with all terms and conditions of a special or general permit;

(2) Information relevant to the assessment of the impact of permitted dumping activities on the marine environment. $ 224.2 Reports.

(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.

8 225.1 General.

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 applications. 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). 8 225.3 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.

PART 225—-CORPS OF ENGINEERS

PERMITS Sec. 225.1 General. 226.2 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.

PART 226-ENFORCEMENT Sec. 226.1 Civil penalties. 226.2 Enforcement hearings. 226.3 Determinations. 226.4 Final action,

AUTHORITY: Title 1, Marine Protection Research, and Sanctuarles Act of 1972, Public Law 92-532.

SOURCE: 38 FR 8730, Apr. 5, 1973, unless otherwise noted.

8 226.1 Civil penalties.

trator or by such other person designated In addition to the criminal penalties

by the Administrator to take such final provided for in section 105(b) of the act,

action, no sooner than 30 days following the Administrator or his designee may

receipt of the findings and recommendaassess a civil penalty of not more than

tions of the hearing officer. A copy of the $50,000 for each violation of the act and

final order will be served by registered of this subchapter. Upon receipt of infor

mail (return receipt requested) on the mation that any person has violated any

person charged or his representative. In

the event the final order assesses a penprovision of the act or of this subchapter, the Administrator or his designee will

alty, it shall be payable within 60 days of notify such person in writing of the viola

the date of receipt of the final order, untion with which he is charged, and will

less judicial review of the final order is convene a hearing to be convened no

sought by the person against whom the sooner than 60 days of such notice, at a

penalty is assessed. convenient location, before a hearing officer. Such hearing shall be conducted

PART 227-CRITERIA

Sec. in accordance with the procedures of

227.1 General grounds for the issuance of § 226.2.

permits.

227.2 $ 226.2 Enforcement hearings.

Prohibited acts.

227.21 Materials for which no permit will Hearings convened pursuant to § 226.1

be issued. shall be trial-type hearings on a record 227.22 Other prohibited materials. before a hearing officer. Parties may be 227.30 Strictly regulated dumping.

227.31 represented by counsel, and will have the

Materials requiring special care.

227.32 Hazards to fishing or navigation. right to submit motions, to present evi

227.33 Large quantities of materials. dence in their own behalf, to cross-ex

227.34 Acids and alkalis. amine adverse witnesses, to be apprised

227.35 Containerized wastes. of all evidence considered by the hearing 227.35 Materials containing living orgaofficer, and to receive copies of the tran

nisms. script of the proceedings. Formal rules of 227.40 Emergency permits and interim speevidence will not apply. The hearing offi

cial permits.

227.41 Emergency permits. cer will rule on all evidentiary matters,

227.42 Interim special permits. and on all motions, which will be subject

227.43 Implementation plans. to review pursuant to $ 226.3.

227.50 Generally regulated dumping and § 226.3 Determinations.

disposal acts.

227.51 Wastes of a nontoxic nature. Within 30 days following adjournment 227.52 Solid wastes of natural origin. of the hearing, the hearing officer will in 227.60 Disposal of dredged material. all cases make findings of facts and rec- 227.61 Unpolluted dredged material. ommendations to the Administrator,

227.62 Disposal of unpolluted dredged ma

terial. including, when appropriate, a recom

227.63 Polluted dredged material. mended appropriate penalty, after con

227.64 Disposal of polluted dredged material. sideration of the gravity of the violation,

227.65 Revision of test procedures. prior violations by the person charged, 227.70 Definitions. and the demonstrated good faith by such 227.71 Limiting permissible concentrations. person in attempting to achieve rapid 227.72 Mixing zone.

227.73 Release zone. compliance with the provisions of the act

227.74 Trace concentrations. and this subchapter. A copy of the find

227.75 High-level radioactive wastes. ings and recommendations of the hear

227.80 Amendment of criteria. ing officer shall be provided to the person

AUTHORITY.-Public Law 92-532; Public charged at the same time they are for

Law 92-500. warded to the Administrator. Within 30

SOURCE: 38 FR 12872, May 16, 1973, unless days of the date on which the hearing

otherwise noted. officer's findings and recommendations

8 227.1 General grounds for the issuare forwarded to the Administrator, any

ance of permits. party objecting thereto may file written

(a) It is the policy of the Environexceptions with the Administrator.

mental Protection Agency to regulate the $ 226.4 Final action.

dumping of all types of materials into A final order on a proceeding under ocean waters and to prevent or to reguthis part will be issued by the Adminis- late strictly the dumping into ocean

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