Page:United States Statutes at Large Volume 86.djvu/926

 884

Prohibition.

PUBLIC LAW 92-500-OCT. 18, 1972

[86 STAT.

byproducts through biological, physical, and chemical processes; changes in marine ecosystem diversity, productivity, and stability; and species and community population changes; "(C) the effect of disposal, of pollutants on esthetic, recreation, and economic values; "(D) the persistence and permanence of the effects of disposal of pollutants; "(E) the effect of the disposal at varying rates, of particular volumes and concentrations of pollutants; "(F) other possible locations and methods of disposal or recycling of pollutants including land-based alternatives; and "(G) the effect on alternate uses of the oceans, such as mineral exploitation and scientific study. " (2) In any event where insufficient information exists on any proposed discharge to make a reasonable judgment on any of the s i d e lines established pursuant to this subsection no permit shall be issued under section 402 of this Act. a PERMITS FOR DREDGED OR FILL MATERIAL

Notice, hearing opportunity.

Disposal site, specification prohibition.

Findings of Administrator, publication.

"SEC. 404. (a) The Secretary of the Army, acting through the Chief of Engineers, may issue permits, after notice and opportunity for public nearings for the discharge of dredged or fill material into the navigable waters at specified disposal sites. "(b) Subject to subsection (c) of this section, each such disposal site shall be specified for each such permit by the Secretary of the Anny (1) through the application of guidelines developed by the Administrator, in conjunction with the Secretary of the Army, which s i d e lines shall be based upon criteria comparable to the criteria applicable to the territorial seas, the contiguous zone, and the ocean under section 403(c), and (2) in any case where such guidelines under clause (1) alone would prohibit the specification of a site, through the application additionally of the economic impact of the site on navigation and anchorage. "(c) The Administrator is authorized to prohibit the specification (including the withdrawal of specification) of any defined area as a disposal site, and he is authorized to deny or restrict the use of any defined area for specification (including the withdrawal of specification) as a disposal site, whenever he determines, after notice and opportunity for public hearings, that the discharge of such materials into such area will have an unacceptable adverse effect on municipal water supplies, shellfish beds and fishery areas (including spawning and breeding areas), wildlife, or recreational areas. Before making such determination, the Administrator shall consult with the Secretary of the Army. The Administrator shall set forth in writing and make public his findings and his reasons for making any determination under this subsection. 'DISPOSAL o r

SEWAGE SLUDGE

"SEC. 405. (a) Notwithstanding any other provision of this Act or of any other law, in any case where the disposal of sewage sludge resulting from the operation of a treatment works as defined in section 212 of this Act (incfuding the removal of in-place sewage sludge from one location and its deposit at another location) would result in any pollutant from such sewage sludge entering the navigable waters, such disposal is prohibited except m accordance with a permit issued by the Administrator under this section.

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