33 CFR 323.2 - Definitions

Cite as33 CFR 323.2
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225 practice notes
  • Proposal To Reissue and Modify Nationwide Permits
    • United States
    • Federal Register June 01, 2016
    • June 1, 2016
    ...of water. Because a frac-out releases a drilling fluid and that fluid is not a material that can be considered ``fill material'' under 33 CFR 323.2(e), the inadvertent returns of these drilling muds is not regulated under section 404 of the Clean Water Act. However, activities necessary to ......
  • Issuance and Reissuance of Nationwide Permits
    • United States
    • Federal Register January 06, 2017
    • January 6, 2017
    ...directional drilling operations consist of a water-bentonite slurry and is not a material that can be considered ``fill material'' under 33 CFR 323.2(e). This water-bentonite mixture is not a toxic or hazardous substance, but it can adversely affect aquatic organisms if released into bodies......
  • Stream Protection Rule
    • United States
    • Federal Register July 27, 2015
    • July 27, 2015
    ...term from the term ``fill material'' as used and defined in the regulations implementing section 404 of the Clean Water Act.\155\ See 33 CFR 323.2(e) and 40 CFR 232.2. Our proposed definition would include only permanent, impounding structures constructed for the purpose of disposing of exc......
  • Part II
    • United States
    • Federal Register March 12, 2007
    • March 12, 2007
    ...waters of the United States require section 404 permits if they result in a discharge of dredged or fill material into those waters (see 33 CFR 323.2(d)). Activities that result in only incidental fallback do not require permits. Since the definition of ``currently serviceable'' is used in ......
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187 cases
  • Nw. Envtl. Def. Ctr. v. U.S. Army Corps of Eng'rs, Case No. 3:10-cv-01129-AC
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Oregon)
    • March 27, 2013
    ...alternative. The purpose of an RGP is to regulate a category of activities that are "substantially similar in nature." 33 C.F.R. § 323.2(h)(1). Because of the considerable resources associated with individual permitting, the Corps determined that continuing on that course would &q......
  • E. Or. Mining Ass'n v. Dep't of Envtl. Quality, CC 10C24263, (CC 11C19071), (SC S065097)
    • United States
    • Supreme Court of Oregon
    • July 25, 2019
    ...redepositing materials dredged from stream and river beds constitutes a regulable discharge or addition of a pollutant. See, e.g. , 33 CFR § 323.2(d)(1) (2001) ; 40 Fed Reg 31321 (July 25, 1975) 445 P.3d 255 (explaining the types of redeposits of dredged material that would constitute a &qu......
  • Black Warrior River-Keeper, Inc. v. Drummond Co., Case No. 2:16-cv-01443-AKK
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Northern District of Alabama
    • May 7, 2019
    ...water of the United States with dry land; or (ii) Changing the bottom elevation of any portion of a water of the United States." 33 C.F.R. § 323.2(e). Moreover, the term "discharge of fill material" includes placement of fill material in waters of the United States for the co......
  • United States v. Tull, Civ. A. No. 81-688-N.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Eastern District of Virginia)
    • September 28, 1983
    ...include coastal and inland waters, rivers and streams that are navigable waters of the United States, including any adjacent wetlands. 33 C.F.R. § 323.2(a)(2) (1981). The term "navigable waters of the United States" is described by the regulations as "those waters of the Unit......
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6 firm's commentaries
  • U.S. District Court Throws Out “Tulloch II” Rule Defining Incidental Fallback
    • United States
    • LexBlog United States
    • February 2, 2007
    ...the federal Clean Water Act (“CWA”) unless “project-specific evidence” shows that the dredging results in “only incidental fallback.” (33 C.F.R. § 323.2(d)(2)(I) and 40 C.F.R. § 232.2(2)(I).) The regulation defines incidental fallback as the “redeposit of small volumes of dredged material i......
  • Corps of Engineers and EPA Roll Back Definition of "Discharge of Dredged Material" for Section 404 Permits to 1999 Regulation Status
    • United States
    • LexBlog United States
    • January 10, 2009
    ...Agency recently adopted a Final Rule on December 31, 2008, 73 FR 79641, that deleted the definition of “incidental fallback” from 33 CFR 323.2(d)(2)(ii) and 40 CFR 232.2(2)(ii), as well as the language indicating that the Corps and EPA “regard” the use of mechanized earthmoving equipment as......
  • D.C. Circuit Holds Unanimously That “Tulloch Rule” Is Ripe For Judicial Review
    • United States
    • LexBlog United States
    • February 22, 2006
    ...the federal Clean Water Act (“CWA”) unless “project-specific evidence” shows that the dredging results in “only incidental fallback.” (33 C.F.R. § 323.2(d)(2)(i) and 40 C.F.R. § 232.2(2)(i).) The regulation defines incidental fallback as the “redeposit of small volumes of dredged material i......
  • 2013 MID-YEAR ENVIRONMENTAL LAW UPDATE
    • United States
    • LexBlog United States
    • July 10, 2013
    ...at specified disposal sites” are restricted without a permit from the U.S. Army Corps of Engineers (“USACE”). (33 U.S.C § 1344(a); 33 C.F.R. § 323.2(d)(1).) After several court decisions narrowing the reach of federally jurisdictional waters, the State Water Resources Control Board (“SWRCB”......
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5 books & journal articles
  • Defenders of Appalachia: the campaign to eliminate mountaintop removal coal mining and the role of Public Justice.
    • United States
    • Environmental Law Vol. 37 Nbr. 3, June 2007
    • June 22, 2007
    ...of "Fill Material" and "Discharge of Fill Material," 65 Fed. Reg. 21,292, 21,295-96 (proposed Apr. 20, 2000) (to be codified at 33 C.F.R. 323.2(e) & 40 C.F.R. 232.2). (156) Id. (157) Kentuckians for the Commonwealth v. Rivenburgh (Kentuckians I), 204 F. Supp. 2d 927, 946 (S.D. W.Va. 200......
  • Regulation of Wetlands and Waters of the United States
    • United States
    • Wetlands Law: A Course Source. Second Edition
    • June 13, 2017
    ...of the United States” that included the following waters:  the traditional navigable waters regulated under the 1974 regulations (33 C.F.R. § 323.2(a)(1));  interstate waters and interstate wetlands (33 C.F.R. § 323.2(a)(2));  intrastate waters the use, degradation or destruction of whic......
  • Additions and Discharges
    • United States
    • Wetlands Law: A Course Source. Second Edition
    • June 13, 2017
    ...terms “dredged material” and “fill material” consistently in their regulations. The current regulatory definitions of the terms are: 33 C.F.R. § 323.2 (Corps’ regulations); 40 C.F.R. § 232.2 (EPA’s regulations). Both agencies also include a non-exclusive list of materials that constitute “f......
  • New Clean Water Act Rule Defining Waters of the United States, 0915 COBJ, 2015, September, Pg. 43
    • United States
    • Colorado Bar Journal Nbr. 44-9, October 2015
    • September 1, 2015
    ...816, 33 USC §§ 1251 et seq. [2]Clean Water Act § 502(7); 33 USC § 1362(7). [3]42 Fed. Reg. 37122, 37127 (July 19, 1977); 33 CFR § 323.2(a) (1977). See 33 CFR § 328.3(a) (1993) (regulatory definition of "waters of the U.S." from September 24, 1993 to August 27, ......
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23 provisions
  • The Navigable Waters Protection Rule: Definition of “Waters of the United States”
    • United States
    • Army, Corps Of Engineers Department
    • Invalid date
    ...irrigation ditches have been excluded.''). The ditch exclusion was expressly stated in regulatory text in the Corps' 1977 regulations. 33 CFR 323.2(a)(3); 42 FR 37122, 37144 (July 19, 1977) (``manmade nontidal drainage and irrigation ditches excavated on dry land are not considered waters o......
  • Reissuance of Nationwide Permits
    • United States
    • Federal Register February 21, 2012
    • February 21, 2012
    ...the plane of'' with ``within the'' when describing the ordinary high water mark in paragraph (c). The definition of ``fill'' found in 33 CFR part 323.2 clearly states that rock is fill material, and burying rock in a waterway constitutes a discharge of fill material. The volume of the burie......
  • Proposal To Reissue and Modify Nationwide Permits
    • United States
    • Federal Register June 01, 2016
    • June 1, 2016
    ...of water. Because a frac-out releases a drilling fluid and that fluid is not a material that can be considered ``fill material'' under 33 CFR 323.2(e), the inadvertent returns of these drilling muds is not regulated under section 404 of the Clean Water Act. However, activities necessary to ......
  • Part II
    • United States
    • Federal Register March 12, 2007
    • March 12, 2007
    ...waters of the United States require section 404 permits if they result in a discharge of dredged or fill material into those waters (see 33 CFR 323.2(d)). Activities that result in only incidental fallback do not require permits. Since the definition of ``currently serviceable'' is used in ......
  • Request a trial to view additional results

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