33 CFR 323.2 - Definitions
| Cite as | 33 CFR 323.2 |
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244 practice notes
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Part II
...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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Stream Protection Rule
...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......
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Part II
...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 ......
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Proposal To Reissue and Modify Nationwide Permits
...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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186 cases
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Stillwater of Crown Point Homeowner's Ass'n, Inc. v. Kovich, Cause No. 2:09–CV–157–PRC.
...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......
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U.S. v. Johnson, No. 05-1444.
...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......
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Black Warrior Riverkeeper, Inc. v. Ala. Dep't of Transp., CASE NO. 2:11-CV-267-WKW (WO)
...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 ......
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West Virginia Coal Ass'n v. Reilly, Civ. A. No. 2:87-0834.
...sewage treatment facilities, intake and outfall pipes associated with power plants and subaqueous utility lines; and artificial reefs. 33 C.F.R. § 323.2(f) Army's regulation; 40 C.F.R. § 232.2(f) EPA's regulation.5 EPA regulations further define fill material as "any `pollutant' which repla......
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6 firm's commentaries
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U.S. District Court Throws Out “Tulloch II” Rule Defining Incidental Fallback
...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......
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Corps of Engineers and EPA Roll Back Definition of "Discharge of Dredged Material" for Section 404 Permits to 1999 Regulation Status
...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......
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D.C. Circuit Holds Unanimously That “Tulloch Rule” Is Ripe For Judicial Review
...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......
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2013 MID-YEAR ENVIRONMENTAL LAW UPDATE
...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
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Additions and Discharges
...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......
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Practicable Alternatives for Wetlands Development Under the Clean Water Act
...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 Aair......
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What Wetlands Are Regulated? Jurisdiction of the §404 Program
...of responsibility for jurisdictional determinations. 34. RGL 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-......
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Can Wetland Property Be Developed? Regulated Activities and Statutory Exemptions
...infra Chapter 3, Part II. 7. 33 C.F.R. §323.3(a) (2008). 8. Id. §323.2(c). 9. Id. §323.2(d). 10. 40 C.F.R. §§232.2(e), (g) (2008). 11. 33 C.F.R. §323.2(e). 12. “Fill” is deined by EPA as any pollutant that “replaces portions of the waters of the United States with dry land or which changes ......
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