40 CFR 232.2 - Definitions
| Cite as | 40 CFR 232.2 |
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79 practice notes
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Definition of “Waters of the United States”-Recodification of Preexisting Rule
...definitions of ``waters of the United States.'' See 51 FR 41206, Nov. 13, 1986, amending 33 CFR 328.3; 53 FR 20764, June 6, 1988, amending 40 CFR 232.2. --------------------------------------------------------------------------- The agencies are issuing this supplemental notice of proposed ......
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Hazardous and Solid Waste Management System: Identification and Listing of Special Wastes; Disposal of Coal Combustion Residuals from Electric Utilities
...provisions currently governing the CWA section 404 program, including the definition of wetlands contained in proposed 257.61. See 40 CFR 232.2(r). EPA believes that wetlands are very important, fragile ecosystems that must be protected, and has identified wetlands protection as a top prior......
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Hazardous and Solid Waste Management System; Disposal of Coal Combustion Residuals From Electric Utilities
...all CCR surface impoundments and new CCR landfills, as well as lateral expansions of existing CCR units, in wetlands as defined in 40 CFR 232.2, absent specific demonstrations made by the owner or operator that ensure the CCR unit will not degrade sensitive wetland ecosystems. These provisi......
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Stream Protection Rule
...``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 excess spoil and solid......
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47 cases
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West Virginia Coal Ass'n v. Reilly, Civ. A. No. 2:87-0834.
...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 replaces portions of the `waters of the Unite......
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Kentuckians for the Commonwealth v. Rivenburgh, No. CIV.A.2:01-0770.
...portions of the `waters of the United States' with dry land or which changes the bottom elevation of a water body for any purpose." 40 C.F.R. § 232.2 (emphasis added). Through this simple language, the EPA definition introduces a crucial ambiguity. Compare the statute: Any discharge of dred......
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Coeur Alaska, Inc. v. Se. Alaska Conservation Council, Nos. 07–984
...[that] has the effect of ... [c]hanging the bottom elevation” of water, including “slurry ... or similar mining-related materials.” 40 CFR § 232.2. Coeur Alaska obtained a § 404 permit for the slurry discharge from the Corps and a § 402 permit for the lake water discharge from the EPA. Resp......
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Sackett v. Envtl. Prot. Agency, No. 10–1062.
...the meaning of section 502(7) of the Act, 33 U.S.C. § 1362(7), and ‘waters of the United 132 S.Ct. 1371States' within the meaning of 40 C.F.R. § 232.2.“1.6 In April and May, 2007, at times more fully known to [the Sacketts, they] and/or persons acting on their behalf discharged fill materia......
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8 firm's commentaries
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EPA And Corps Published New Rule Establishing February 5, 2020 “Applicability Date” For 2015 Rule
...Federal Regulations (40 C.F.R. § 110.1; 40 C.F.R. § 112.2; 40 C.F.R. § 116.3; 40 C.F.R. § 117.1; 40 C.F.R. § 122.2; 40 C.F.R. § 230.3; 40 C.F.R. § 232.2; 40 C.F.R. § 300.5 and Appendix E; 40 C.F.R. § 302.3; and finally, 40 C.F.R. § Anthony Cavender function JDS_LoadEvent(func) { var existin......
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U.S. District Court Throws Out “Tulloch II” Rule Defining Incidental Fallback
...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 incidental to excavation activity” if......
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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
...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 resulting in a discharg......
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EPA's New Source Performance Standard Does Not Apply To Discharges of Mining Slurry Regulated Under Section 404 of The Clean Water Act
...material” to include “slurry … or similar mining-related materials” having the “effect of … [c]hanging the bottom elevation” of water, 40 CFR §232.2, the slurry Coeur Alaska proposed to discharge into Lower Slate Lake fell well within the Corps’ Section 404 permitting authority, rather than......
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4 books & journal articles
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Defenders of Appalachia: the campaign to eliminate mountaintop removal coal mining and the role of Public Justice.
...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. 2002). (158) Kentuckia......
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Sackett v. EPA: Does It Signal the End of Coercive CERCLA Enforcement?
...(2011). 116. Sackett v. E.P.A., 132 S. Ct. 1367 (2012). 117. See infra Part I.E.4–5. 118. Sackett , 132 S. Ct. 1367. 119. Id. 120. See 40 C.F.R. § 232.2 (granting EPA’s administrator jurisdiction over “navigable waters of the United States”); see also Sackett , 132 S. Ct. at 1370–71 (discus......
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Additions and Discharges
...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 “fill material” within their definition of the ......
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Administrative Appeals, Judicial Review and Enforcement
...water’ within the meaning of section 502(7) of the Act, 33 U.S.C. § 1362(7), and ‘waters of the United States’ within the meaning of 40 C.F.R. § 232.2. “1.6 In April and May, 2007, at times more fully known to [the Sacketts, they] and/or persons acting on their behalf discharged fill materi......
20 provisions
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Definition of “Waters of the United States”-Recodification of Preexisting Rule
...definitions of ``waters of the United States.'' See 51 FR 41206, Nov. 13, 1986, amending 33 CFR 328.3; 53 FR 20764, June 6, 1988, amending 40 CFR 232.2. --------------------------------------------------------------------------- The agencies are issuing this supplemental notice of proposed ......
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Hazardous and Solid Waste Management System: Identification and Listing of Special Wastes; Disposal of Coal Combustion Residuals from Electric Utilities
...provisions currently governing the CWA section 404 program, including the definition of wetlands contained in proposed 257.61. See 40 CFR 232.2(r). EPA believes that wetlands are very important, fragile ecosystems that must be protected, and has identified wetlands protection as a top prior......
-
Hazardous and Solid Waste Management System; Disposal of Coal Combustion Residuals From Electric Utilities
...all CCR surface impoundments and new CCR landfills, as well as lateral expansions of existing CCR units, in wetlands as defined in 40 CFR 232.2, absent specific demonstrations made by the owner or operator that ensure the CCR unit will not degrade sensitive wetland ecosystems. These provisi......
-
Stream Protection Rule
...``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 excess spoil and solid......
Request a trial to view additional results