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Understanding the Discharge of Dredged Material: Legal Insights
Definition & Meaning
The term discharge of dredged material refers to the act of adding dredged material into the waters of the United States. This includes any redeposit of dredged material, except for incidental fallback, which is the natural return of material to the water after excavation. Key activities that fall under this term include:
Adding dredged material to a designated discharge site in U.S. waters.
Runoff or overflow from disposal areas that contain dredged material.
Any addition of dredged or excavated material into U.S. waters during activities such as land clearing or excavation.
Table of content
Legal Use & context
This term is commonly used in environmental law, particularly in relation to the Clean Water Act. It governs how dredged materials can be managed to protect water quality and aquatic ecosystems. Users may need to navigate legal forms or permits related to dredging activities, and resources like US Legal Forms provide templates that can assist in these processes.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A construction company dredges a river to deepen it for navigation and deposits the dredged material at a designated site in the water.
Example 2: A local government clears a wetland area for development and the soil displaced during this process is unintentionally redeposited into adjacent waters (hypothetical example).
Relevant laws & statutes
The primary law governing the discharge of dredged material is the Clean Water Act, specifically Section 404, which regulates the discharge of dredged or fill material into U.S. waters. Section 402 also applies to pollutants resulting from processing dredged materials.
State-by-state differences
State
Regulations
California
Strict regulations on dredging to protect endangered species and habitats.
Florida
Requires specific permits for dredging activities in wetlands and coastal areas.
Texas
Less stringent regulations, but still requires adherence to federal guidelines.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Fill Material
Material used to raise the ground level in a specific area, often used in conjunction with dredged material.
Incidental Fallback
The natural return of excavated material to the water, not considered a discharge.
Common misunderstandings
What to do if this term applies to you
If you are involved in activities that may result in the discharge of dredged material, it is essential to determine whether you need a permit. You can explore US Legal Forms for templates that can help you manage the necessary documentation. If your situation is complex, consider seeking legal advice to ensure compliance with all regulations.
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