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Title: Legal, policy, and institutional constraints associated with dredged material marketing and land enhancement
Authors: Wakeford, Ronald C.
McDonald, Donald
Keywords: Dredging--Law and legislation
Environmental policy
Dredged material
Dredging spoil
Dredged Material Research Program (U.S.)
Publisher: U.S. Army Engineer Waterways Experiment Station
Series/Report no.: Contract Report (Dredged Material Research Program (U.S.)) ; no. Contract Report D-74-7
Abstract: The principal areas of investigation were those legal constraints that limit the range of possible uses of dredged material, the laws and regulations that control its sale or donation, and the official and public attitudes that can affect such actions. These areas are discussed in Section I of the report. Section II enumerates Federal statues, regulations, and treaties; CE regulations; and State laws and codes as they apply to the disposition of dredged material. The most restrictive laws are those controlling disposal of polluted dredged material; clean dredged material may be sold or donated if the regulatory agencies are satisfied that in each particular case, the environment will not be degraded. Prior to sale or donation, clear title to or right to dispose of dredged material must be established. An inventory should be made to determine the quantity of material that is stockpiled and available for some beneficial use and to identify the material as to ownership. Selection of authority for a given disposal action will depend on classification of dredged material as personal or real property or as a special category of property reserved for valuable minerals. Existing laws and regulations provide adequate authority for sale of dredged material or for its donation as long as the material does not subsequently find its way into commerce. The main public reactions to disposal of both clean and polluted dredged material are to real or imagined threats to water quality, destruction of wetlands, and use of scarce land areas. The National Wildlife Federation opposes any filling or altering of wetlands and would accept other alternatives only after each project was demonstrated to be environmentally sound both for the particular site and for the surrounding environment. State constraints and attitudes toward specific uses of dredged material were found to be varied. Responses ranged from strong policies to protect wetlands to undecided, wait-and-see reactions to other disposal alternatives. Attitude changes will depend on results of research. A wide spectrum of recommended Corps actions included revision of regulations dealing with disposal of real and personal property to cover dredged material and adoption of a new regulation to permit sale or donation of dredged material deposited on public lands; development of a pack-age contract where the contractor would dredge, process, and market sediments; and negotiation with states for state-owned or controlled disposal sites with reclamation and donation or sale by the state.
Description: Contract Report
Gov't Doc #: Contract Report D-74-7
Rights: Approved for Public Release; Distribution is Unlimited
Appears in Collections:Contract Report

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