33 CFR 323.2 - Definitions

Cite as33 CFR 323.2
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244 practice notes
  • Part II
    • United States
    • Federal Register March 12, 2007
    • 12 Marzo 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 ......
  • Stream Protection Rule
    • United States
    • Federal Register July 27, 2015
    • 27 Julio 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 December 12, 2008
    • 12 Diciembre 2008
    ...process. 33 U.S.C. 1344. On May 9, 2002 (67 FR 31129-31143), the Corps and EPA adopted a revised definition of ``fill material'' in 33 CFR 323.2(e) and 40 CFR 232.2, respectively, that includes ``overburden from mining or other excavation activities.'' In the same rulemaking, the Corps and ......
  • Proposal To Reissue and Modify Nationwide Permits
    • United States
    • Federal Register June 01, 2016
    • 1 Junio 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 ......
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191 cases
  • Stillwater of Crown Point Homeowner's Ass'n, Inc. v. Kovich, Cause No. 2:09–CV–157–PRC.
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Northern District of Indiana
    • 11 Octubre 2011
    ...discharged into the water primarily to dispose of waste, as that activity is regulated under Section 402 of the Clean Water Act.” 33 C.F.R. § 323.2(e). The term “discharge of fill material” is defined at 33 C.F.R. § 323.2(f) as the addition of fill material to the waters of the United State......
  • U.S. v. Johnson, No. 05-1444.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • 13 Febrero 2006
    ...the authority of the Corps to regulate discharges of fill material into wetlands that are not adjacent to bodies of open water, see 33 C.F.R. §§ 323.2(a)(2) and (3) (1985), and we do not express any opinion on that 474 U.S. at 131, 106 S.Ct. 455 n. 8 (emphasis added).14 Page 169 When the Co......
  • Black Warrior Riverkeeper, Inc. v. Ala. Dep't of Transp., CASE NO. 2:11-CV-267-WKW (WO)
    • United States
    • United States District Courts. 11th Circuit. Middle District of Alabama
    • 19 Enero 2016
    ...a permit41 - in this case, the 1.86-mile road between SR 79 and SR 75. (See USACOE004804 (defining the "proposed work")); see also 33 C.F.R. § 323.2(g) ("The term individual permit means a Department of the Army authorization that is issued following a case-by-case evaluation of a specific ......
  • Sierra Club v. El Paso Gold Mines, Inc., No. 03-1105.
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • 24 Agosto 2005
    ..."any addition of dredged material . . . including redeposit of dredged material other than incidental fallback" into navigable waters. 33 C.F.R. § 323.2(d)(1). The requirement that the alleged violator introduce the pollutants into the water is made clearer by the terms "dredged" and "redep......
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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
    • 2 Febrero 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
    • 10 Enero 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
    • 22 Febrero 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......
    • United States
    • LexBlog United States
    • 10 Julio 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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22 books & journal articles
  • Practicable Alternatives for Wetlands Development Under the Clean Water Act
    • United States
    • Environmental Law Reporter Nbr. 48-10, October 2018
    • 1 Octubre 2018
    ...permits are one to ve acres or less. Id. at 34. For a discussion of permit types, see id. at 47-49.47. 33 U.S.C. §1344(e)(1).48. 33 C.F.R. §323.2(h) (2018). See, e.g., Issuance and Reissuance of Nation-wide Permits, 82 Fed. Reg. 1860 (Jan. 6, 2017).49. E-mail From Doug Garman, Public Aair......
  • Navigable Waters
    • United States
    • Plain meaning, precedent, and metaphysics: interpreting the elements of the clean water act offense
    • 24 Octubre 2017
    ...placing it within the irst prong of Lopez , but not as clearly so because the use was recreational rather than commercial. 297 293. 33 C.F.R. §323.2(a)(5); 40 C.F.R. §122.2. Playa lakes are usually dry and without outlets. 294. For an argument to the contrary, see Jon Devine et al., he Inte......
  • What Wetlands Are Regulated? Jurisdiction of the §404 Program
    • United States
    • Wetlands Deskbook Part I. Clean Water Act §404 Programs
    • 11 Noviembre 2009
    ...for some time to come. 155. Regulatory Guidance Letter 86-9, Clariication of “Normal Circumstances” in the Wetland Deinition (33 C.F.R. §323.2(c)) (Aug. 27, 1986) (expired Dec. 31, 1988). RGL 86-9 is identiied as still “generally applicable to the Corps Regulatory Program” in RGL 05-06, add......
  • Statutory and Regulatory Citations
    • United States
    • Wetlands Deskbook Appendices
    • 11 Noviembre 2009
    ...on a generic or individual basis. (2) Regional permits . Regional permits are a type of general permit as deined in 33 CFR 322.2(f) and 33 CFR 323.2(n). hey may be issued by a division or district engineer after compliance with the other procedures of this regulation. After a regional permi......
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