![]() |
Code of Federal Regulations (Last Updated: July 5, 2024) |
![]() |
Title 40 - Protection of Environment |
![]() |
Chapter I - Environmental Protection Agency |
![]() |
SubChapter H - Ocean Dumping |
![]() |
Part 233 - 404 State Program Regulations |
![]() |
Subpart D - Program Operation |
§ 233.30 - Application for a permit.
-
§ 233.30 Application for a permit.
(a) Except when an activity is authorized by a general permit issued pursuant to § 233.21 or is exempt from the requirements to obtain a permit under § 232.3, any person who proposes to discharge dredged or fill material into State regulated waters shall complete, sign and submit a permit application to the Director. Persons proposing to discharge dredged or fill material under the authorization of a general permit must comply with any reporting requirements of the general permit.
(b) A complete application shall include:
(1) Name, address, telephone number of the applicant and name(s) and address(es) of adjoining property owners.
(2) A complete description of the proposed activity including necessary drawings, sketches or plans sufficient for public notice (the applicant is not generally expected to submit detailed engineering plans and specifications); the location, purpose and intended use of the proposed activity; scheduling of the activity; the location and dimensions of adjacent structures; and a list of authorizations required by other Federal, interstate, State or local agencies for the work, including all approvals received or denials already made.
(3) The application must include a description of the type, composition, source and quantity of the material to be discharged, the method of discharge, and the site and plans for disposal of the dredged or fill material.
(4) A certification that all information contained in the application is true and accurate and acknowledging awareness of penalties for submitting false information.
(5) All activities which the applicant plans to undertake which are reasonably related to the same project should be included in the same permit application.
(c) In addition to the information indicated in § 233.30(b), the applicant will be required to furnish such additional information as the Director deems appropriate to assist in the evaluation of the application. Such additional information may include environmental data and information on alternate methods and sites as may be necessary for the preparation of the required environmental documentation.
(d) The level of detail shall be reasonably commensurate with the type and size of discharge, proximity to critical areas, likelihood of long-lived toxic chemical substances, and potential level of environmental degradation.
Note:EPA encourages States to provide permit applicants guidance regarding the level of detail of information and documentation required under this subsection. This guidance can be provided either through the application form or on an individual basis. EPA also encourages the State to maintain a program to inform potential applicants for permits of the requirements of the State program and of the steps required to obtain permits for activities in State regulated waters.