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Section 103 - Marine Protection & Sanctuaries Act of 1972
- Subject to the provisions of subsections (b), (c),
and d) of this section, the Secretary may issue permits, after
notice and opportunity for public hearings, for the transportation
of dredged material for the purpose of dumping it into ocean
waters, where the Secretary determines that the dumping will not
unreasonably degrade or endanger human health, welfare, or
amenities, or the marine environment, ecological system, or
economic potentialities.
- In making the determination required by subsection
(a), the Secretary shall apply those criteria, established pursuant
to section 102(a), relating to the effects of the dumping. Based
upon an evaluation of the potential effect of a permit denial on
navigation, economic and industrial development, and foreign and
domestic commerce of the United States, the Secretary shall make an
independent determination as to the need for the dumping. The
Secretary shall also make an independent determination as to other
possible methods of disposal and as to appropriate locations for
the dumping. In considering appropriate locations, he shall, to
the extent feasible, utilize the recommended sites designated by
the Administrator pursuant to section 102(c).
- Prior to issuing any permit under this section, the
Secretary shall first notify the Administrator of his intention to
do so. In any case in which the Administrator disagrees with the
determination of the Secretary as to compliance with the criteria
established pursuant to section 102(a) relating to the effects of
the dumping or with the restrictions established pursuant to
section 102(c) relating to critical areas, the determination of the
Administrator shall prevail. Unless the Administrator grants a
waiver pursuant to subsection (d) , the Secretary shall not issue
a permit which does not comply with such criteria and with such
restrictions.
- If, in any case, the Secretary finds that, in the
disposition of dredged material, there is no economically feasible
method or site available other than a dumping site the utilization
of which would result in non-compliance with the criteria
established pursuant to section 102(a) relating to the effects of
dumping or with the restrictions established pursuant to section
102(c) relating to critical areas, he shall so certify and request
a waiver from the Administrator of the specific requirements involved.
Within thirty days of the receipt of the waiver request, unless the
Administrator finds that the dumping of the material will result in
an unacceptably adverse impact on municipal water supplies, shell-fish
beds, wildlife, fisheries (including spawning and breeding area), or
recreational areas, he shall grant the waiver.
- In connection with Federal projects involving dredged
material, the Secretary may, in lieu of the permit procedure, issue
regulations which will require the application to such projects of
the same criteria, other factors to be evaluated, the same
procedures, and the same requirements which apply to
the issuance of permits under subsections (a), (b), (c) and (d) of
this section.
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