Dredged Material Discharge
Term · Environment · MLC-T-ENV-008529
Except as provided below in paragraph (2), the term discharge of dredged material means any addition of dredged material into, including redeposit of dredged material other than incidental fallback within, the waters of the United States. The term includes, but is not limited to, the following:(i) The addition of dredged material to a specified discharge site located in waters of the United States;(ii) The runoff or overflow, associated with a dredging operation, from a contained land or water disposal area; and(iii) Any addition, including redeposit other than incidental fallback, of dredged material, including excavated material, into waters of the United States which is incidental to any activity, including mechanized landclearing, ditching, channelization, or other excavation.(2) The term discharge of dredged material does not include the following:(i) Discharges of pollutants into waters of the United States resulting from the onshore subsequent processing of dredged material that is extracted for any commercial use (other than fill). These discharges are subject to section 402 of the Clean Water Act even though the extraction and deposit of such material may require a permit from the Corps or applicable state.(ii) Activities that involve only the cutting or removing of vegetation above the ground (e.g., mowing, rotary cutting, and chainsawing) where the activity neither substantially disturbs the root system nor involves mechanized pushing, dragging, or other similar activities that redeposit excavated soil material.(iii) Incidental fallback.(3) Section 404 authorization is not required for the following:(i) Any incidental addition, including redeposit, of dredged material associated with any activity that does not have or would not have the effect of destroying or degrading an area of waters of the U.S. as defined in paragraphs (4) and (5) of this definition;
| Identifier | MLC-T-ENV-008529 |
|---|---|
| Field | Environment |
| References | Definition Truncated. For full definition see 40 CFR 232.2 (CFR 2013) |
Record as JSON
{
"id": "MLC-T-ENV-008529",
"term": "Dredged Material Discharge",
"field": "Environment",
"definition": "Except as provided below in paragraph (2), the term discharge of dredged material means any addition of dredged material into, including redeposit of dredged material other than incidental fallback within, the waters of the United States. The term includes, but is not limited to, the following:(i) The addition of dredged material to a specified discharge site located in waters of the United States;(ii) The runoff or overflow, associated with a dredging operation, from a contained land or water disposal area; and(iii) Any addition, including redeposit other than incidental fallback, of dredged material, including excavated material, into waters of the United States which is incidental to any activity, including mechanized landclearing, ditching, channelization, or other excavation.(2) The term discharge of dredged material does not include the following:(i) Discharges of pollutants into waters of the United States resulting from the onshore subsequent processing of dredged material that is extracted for any commercial use (other than fill). These discharges are subject to section 402 of the Clean Water Act even though the extraction and deposit of such material may require a permit from the Corps or applicable state.(ii) Activities that involve only the cutting or removing of vegetation above the ground (e.g., mowing, rotary cutting, and chainsawing) where the activity neither substantially disturbs the root system nor involves mechanized pushing, dragging, or other similar activities that redeposit excavated soil material.(iii) Incidental fallback.(3) Section 404 authorization is not required for the following:(i) Any incidental addition, including redeposit, of dredged material associated with any activity that does not have or would not have the effect of destroying or degrading an area of waters of the U.S. as defined in paragraphs (4) and (5) of this definition;",
"references": [
"Definition Truncated. For full definition see 40 CFR 232.2 (CFR 2013)"
],
"url": "https://mlchart.com/terminology/environment/dredged-material-discharge/"
}
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