33 U.S.C. § 1293a : US Code - Section 1293A: Contained spoil disposal facilities

Search 33 U.S.C. § 1293a : US Code - Section 1293A: Contained spoil disposal facilities

(a) Construction, operation, and maintenance; period; conditions;
requirements
The Secretary of the Army, acting through the Chief of Engineers,
is authorized to construct, operate, and maintain, subject to the
provisions of subsection (c) of this section, contained spoil
disposal facilities of sufficient capacity for a period not to
exceed ten years, to meet the requirements of this section. Before
establishing each such facility, the Secretary of the Army shall
obtain the concurrence of appropriate local governments and shall
consider the views and recommendations of the Administrator of the
Environmental Protection Agency and shall comply with requirements
of section 1171 of this title, and of the National Environmental
Policy Act of 1969 [42 U.S.C. 4321 et seq.]. Section 401 of this
title shall not apply to any facility authorized by this section.
(b) Time for establishment; consideration of area needs;
requirements
The Secretary of the Army, acting through the Chief of Engineers,
shall establish the contained spoil disposal facilities authorized
in subsection (a) of this section at the earliest practicable date,
taking into consideration the views and recommendations of the
Administrator of the Environmental Protection Agency as to those
areas which, in the Administrator's judgment, are most urgently in
need of such facilities and pursuant to the requirements of the
National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.]
and the Federal Water Pollution Control Act [33 U.S.C. 1251 et
seq.].
(c) Written agreement requirement; terms of agreement
Prior to construction of any such facility, the appropriate State
or States, interstate agency, municipality, or other appropriate
political subdivision of the State shall agree in writing to (1)
furnish all lands, easements, and rights-of-way necessary for the
construction, operation, and maintenance of the facility; (2)
contribute to the United States 25 per centum of the construction
costs, such amount to be payable either in cash prior to
construction, in installments during construction, or in
installments, with interest at a rate to be determined by the
Secretary of the Treasury, as of the beginning of the fiscal year
in which construction is initiated, on the basis of the computed
average interest rate payable by the Treasury upon its outstanding
marketable public obligations, which are neither due or callable
for redemption for fifteen years from date of issue; (3) hold and
save the United States free from damages due to construction,
operation, and maintenance of the facility; and (4) except as
provided in subsection (f) of this section, maintain the facility
after completion of its use for disposal purposes in a manner
satisfactory to the Secretary of the Army.
(d) Waiver of construction costs contribution from non-Federal
interests; findings of participation in waste treatment
facilities for general geographical area and compliance with
water quality standards; waiver of payments in event of written
agreement before occurrence of findings
The requirement for appropriate non-Federal interest or interests
to furnish an agreement to contribute 25 per centum of the
construction costs as set forth in subsection (c) of this section
shall be waived by the Secretary of the Army upon a finding by the
Administrator of the Environmental Protection Agency that for the
area to which such construction applies, the State or States
involved, interstate agency, municipality, and other appropriate
political subdivision of the State and industrial concerns are
participating in and in compliance with an approved plan for the
general geographical area of the dredging activity for
construction, modification, expansion, or rehabilitation of waste
treatment facilities and the Administrator has found that
applicable water quality standards are not being violated. In the
event such findings occur after the appropriate non-Federal
interest or interests have entered into the agreement required by
subsection (c) of this section, any payments due after the date of
such findings as part of the required local contribution of 25 per
centum of the construction costs shall be waived by the Secretary
of the Army.
(e) Federal payment of costs for disposal of dredged spoil from
project
Notwithstanding any other provision of law, all costs of disposal
of dredged spoil from the project for the Great Lakes connecting
channels, Michigan, shall be borne by the United States.
(f) Title to lands, easements, and rights-of-way; retention by non-
Federal interests; conveyance of facilities; agreement of
transferee
The participating non-Federal interest or interests shall retain
title to all lands, easements, and rights-of-way furnished by it
pursuant to subsection (c) of this section. A spoil disposal
facility owned by a non-Federal interest or interests may be
conveyed to another party only after completion of the facility's
use for disposal purposes and after the transferee agrees in
writing to use or maintain the facility in a manner which the
Secretary of the Army determines to be satisfactory.
(g) Federal licenses or permits; charges; remission of charge
Any spoil disposal facilities constructed under the provisions of
this section shall be made available to Federal licensees or
permittees upon payment of an appropriate charge for such use.
Twenty-five per centum of such charge shall be remitted to the
participating non-Federal interest or interests except for those
excused from contributing to the construction costs under
subsections (d) and (e) of this section.
(h) Provisions applicable to Great Lakes and their connecting
channels
This section, other than subsection (i), shall be applicable only
to the Great Lakes and their connecting channels.
(i) Research, study, and experimentation program relating to
dredged spoil extended to navigable waters, etc.; cooperative
program; scope of program; utilization of facilities and
personnel of Federal agency
The Chief of Engineers, under the direction of the Secretary of
the Army, is hereby authorized to extend to all navigable waters,
connecting channels, tributary streams, other waters of the United
States and waters contiguous to the United States, a comprehensive
program of research, study, and experimentation relating to dredged
spoil. This program shall be carried out in cooperation with other
Federal and State agencies, and shall include, but not be limited
to, investigations on the characteristics of dredged spoil, and
alternative methods of its disposal. To the extent that such study
shall include the effects of such dredge spoil on water quality,
the facilities and personnel of the Environmental Protection Agency
shall be utilized.
(j) Period for depositing dredged materials
The Secretary of the Army, acting through the Chief of Engineers,
is authorized to continue to deposit dredged materials into a
contained spoil disposal facility constructed under this section
until the Secretary determines that such facility is no longer
needed for such purpose or that such facility is completely full.
(k) Study and monitoring program
(1) Study
The Secretary of the Army, acting through the Chief of
Engineers, shall conduct a study of the materials disposed of in
contained spoil disposal facilities constructed under this
section for the purpose of determining whether or not toxic
pollutants are present in such facilities and for the purpose of
determining the concentration levels of each of such pollutants
in such facilities.
(2) Report
Not later than 1 year after November 17, 1988, the Secretary
shall transmit to Congress a report on the results of the study
conducted under paragraph (1).
(3) Inspection and monitoring program
The Secretary shall conduct a program to inspect and monitor
contained spoil disposal facilities constructed under this
section for the purpose of determining whether or not toxic
pollutants are leaking from such facilities.
(4) Toxic pollutant defined
For purposes of this subsection, the term "toxic pollutant"
means those toxic pollutants referred to in section 1311(b)(2)(C)
and 1311(b)(2)(D) of this title and such other pollutants as the
Secretary, in consultation with the Administrator of the
Environmental Protection Agency, determines are appropriate based
on their effects on human health and the environment.