REFUSE ACT PERMIT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84-00780R003800160011-4
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 31
• Document Creation Date: December 14, 2016
• Document Release Date: December 4, 2002
• Sequence Number: 11
• Publication Date: August 10, 1971
• Content Type: MF

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L, /? 5173
DD T S.Tn7;
L E
1 0 AUG 1971
MEMORANDUM FOR: Executive Officer to the DD/S
SUBJECT : Refuse Act Permit
REFERENCE : Ltr dtd July 23, 1971 to DCI fm Director of Civil Works,
Department of the Army, Re: same subject
1. A review of the referenced letter and enclosures indicates that in order
to fully comply with the President's Executive orders, the Agency will need to
file for a Refuse Act Permit to cover discharges from its storm sewer system at
the Headquarters Complex.
2. To file for such a permit, considerable data must be collected and furnished
with regard to chemical content, temperature, toxicity, amounts and frequency of
25X1 discharge, etc. It will require several weeks to collect this information. As men-
tioned during our telecon, the architect-engineer firm of
f.s currently studying the whole problem of our utilities systems, including
waste disposal. We have also requested a survey of our waste disposal system by
the Federal Environmental Protection Agency, Water Quality Office, Charlottsville,
Virginia. A preliminary report indicates that a Refuse Act Permit will be needed;
however, the formal report is not expected for approximately 2 weeks. After receipt
of the above data, we intend to file for a permit through GSA to the Army Corps of
Engineers, Baltimore District.
25X1
3. With respect to other Agency facilities we are currently conduct- 25X1
ing a review of sewer installation drawings and other data that are available for
each of our facilities. Of immediate concern is the 2430 E Street Complex and the
TSD/DDP disposal of its liquid wastes. To our knowledge all such wastes are being
dumped into the sanitary sewer system; however, until a thorough review can. be
SECRET
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SUBJECT: Refuse Act Permit
made we cannot determine whether we are exempt. All other facilities we occupy
are on a tenant or cover basis. If it is determined that we need a permit for any
of these facilities, we will request that the host organization apply. In this connec-
tion, we are notifying each of our units to also review its systems and practices to
insure compliance.
4. A proposed reply to the reference by the Deputy Director for Support is
attached.
John F.? Blake
D ector of Logistics
3 Atts:
Att 1: Reference
Att 2: Proposed Reply
Att 3: Map of Division and District
Boundaries for Civil Works
Activities
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Executive Ilegmtry
IN RPPLY REFER TO
ENGCW-ON,
DEPARTMENT OF THE ARMY
OFFICE OF THE CHIEF OF ENGINEERS
WASHINGTON, D.C. 20314
'Honorable Richard Helms
.Director, Central Intelligence Agency
Washington, D. C. 20505
Dear Mr. Helms:
23 July 1971
President Nixon, through Executive Order 11574, implemented the Refuse
Act Permit Program. The purpose of the program is to enhance the
ability of the Federal Government to enforce water quality standards
and to provide a major strengthening of our efforts to clean up our
nation's waters. Discharges that are composed entirely of sanitary
wastes, or of storm water, or of combinations of the two, or which
flow into municipal or private waste treatment systems (the discharge
from the private system must be permitted), or which come from ships
are excluded from the Refuse Act Permit program. All other discharges
into navigable waters and their tributaries require a permit from the
Secretary of the Army through the Army Corps of Engineers. Federal
facilities are expected to comply with these requirements.
The President in Executive Order 11507, said that "the Federal Govern-
ment, in the design, operation, and maintenance of its facilities,
shall provide leadership in the nationwide effort to protect and enhance
the quality of our air and water resources." The Refuse Act Permit
Program will help assure that Federal agencies exercise such leadership.
The deadline for filing applications for Refuse Act Permits for existing
discharges was 1 July 1971. For new discharges, applications are to be
filed not less than 120 days before the date the discharge is to begin.
As of 9 July 1971 approximately 200 applications had been received from
Federal agencies. Recognizing that many discharges from Federal instal-
lations and activities may be exempt from the program under the provisions
described above, we consider that it is very likely that some required
applications have not yet been filed. We are, therefore, writing to all
Federal agencies who might have a facility to which this permit program
may apply to remind them of the requirement for filing applications.
41
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ENGCW-ON
Honorable Richard Helms
23 July 1971
Application forms are available from District and Division Offices of the
Corps of Engineers. The completed forms should be signed by an official
who is authorized to evaluate environmental factors on an agency-wide
basis. While the Corps is directly responsible for issuing Refuse Act
Permits, the Environmental Protection Agency will review applications for
compliance with water quality standards, and recommend issuance or denial
accordingly. Note that Federal activities are not required to obtain the
State certification required of other facilities.
Inclosed for your convenience is an information package which includes a
copy of the Corps regulations for the Permit Program and a list of the
Corps of Engineers offices administering the program.
We would appreciate your cooperation and will be happy to provide you with
,any assistance you may, require.
Sincerely yours,
F. P. KOISCH
Major General, USA
Director of Civil Works
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applications, and reports to be filed with
the Commission, the information which
they shall contain, and the time within
which they shall be filed." It is under
similar delegated authority (section 16,
15 U.S.C. 717o) that natural gas com-
panies have been required to file testi-
mony and exhibits in support of rate in-
creases. (See ? 154.63 of the regulations
under the Natural Gas Act, 18 CFR
154.63.)
One respondent suggested that some
provision be made for amending and
supplementing testimony and exhibits
after filing and before hearing to cover
current changes. We do not believe that
the proposed revision would prevent such
amending and supplementing of testi-
mony and exhibits so long as they are
confined to interim changes. Several
comments suggest that the proposed re-
quirement should not apply to changes in
fuel adjustment clauses, coordination
and interchange arrangements, and
short-term sales of temporary excess
generating capability. We are unable to
find any good reason for excluding these
types of service from the requirements
of the proposed rule.
The Commission finds:
(1) The notice and opportunity to par-
ticipate in this rulemaking proceeding
with respect to the matters presently be-
fore this Commission through the sub-
mission, in writing, of data, views, com-
ments, and suggestions in the manner
described above, are consistent and in
accordance with the procedural require-
ments prescribed by 5 U.S.C. 553.
(2) The amendments to Part 35 of
the regulations under the Federal Power
Act in Chapter I, Title 18 of the Code of
Federal Regulations, herein prescribed,
are necessary and appropriate for the
administration of the Federal Power Act.
(3 ) Since the amendment prescribed
herein with respect to the $50,000 mini-
rium amount, is of a minor nature con-
sistent with the prime purpose of the
proposed rulemaking, further compliance
with the notice provisions of 5 U.S.C. 553
is unnecessary.
The Commission, acting pursuant to
the provisions of the Federal Power Act,
as amended, particularly section 309 (49
Stat. 858, 16 U.S.C. 825h), orders:
A) Paragraph (b) of ? 35.13, in Part
35, Chapter I, Title 18, of the Code of
Federal Regulations is hereby amended
by adding the following new provisions:
? 35.13 Filing of changes in rate sched-
ules.
(13)
*
?
(4)
*
C
*
iV)
To the extent that testimony and
exhibits required to be filed pursuant to
subparagraph (5) of this paragraph
duplicate information required to be sub-
mitted pursuant to this subparagraph,
such information need only be submitted
with the testimony and exhibits filed pur-
suant to subparagraph (5) of this
paragraph.
(5) (i) A utility filing for an increase
in rates and charges shall be prepared to
RULES AND REGULATIONS
go forward at a hearing on reasonable
notice on the data which have been
submitted and sustain the burden of
proof, imposed by the Federal Power
Act, of establishing that its proposed
charges are just and reasonable and not
unduly discriminatory or preferential or
otherwise unlawful within the meaning
of the Act. The Commission is desirous of
avoiding delay in processing rate filings.
To this end, if the rate schedule provides
for an increase in rate which exceeds
$50,000 in revenues for the test period,
the filing utility shall submit with its
rate increase filing 60 days prior to the
proposed effective date of such increased
rates, testimony and exhibits of such
composition, scope and format that they
would serve as the company's case-in-
chief in the event the matter is set for
hearing. In addition to whatever material
the utility chooses to submit as part of
Its case, except for increases resulting
from changes made in fuel clauses and
increases of rates comprising an integral
part of coordination and interchange ar-
rangements in the nature of power pool-
ing transactions, the exhibits shall in-
clude full cost of service data, as identi-
fied in subparagraph (4) (iv) of this
paragraph, statements A through 0, and
the accompanying testimony should in-
clude an explanation of these exhibits.
(B) The amendments herein adopted
shall become effective 30 days from the
date of issuance of this order.
(C) The Acting Secretary shall cause
prompt publication of this order be made
in the FEDERAL REGISTER.
By the Commission.
fsEALl KENNETH F. PLUMB,
Acting Secretary.
(FR Doe.71-4805 Filed 4-6-71;8:49 amj
Title 33?NAVIGATION AND
NAVIGABLE WATERS
Chapter II?Corps of Engineers,
Department of the Army
PART 209?ADMINISTRATIVE
PROCEDURE
Permits for Discharges or Deposits
Into Navigable Waters
On December 31, 1970, notice of pro-
posed rule making was published in the
FEDERAL REGISTER (35 F.R. 20005) which
set forth the text of regulations pro-
posed as ? 209.131 relating to the policy,
practice and procedure in connection
with applications for permits authoriz-
ing discharges or deposits into navigable
waters of the United States or into any
tributary from which discharged mat-
ter shall float or be washed into a nav-
igable water (33 U.S.C. 407).
Pursuant to the above notice, a num-
ber of comments have been received from
Interested persons, and due considera-
tion has been given to all relevant matter
presented. In light of the preceding, a
number of revisions have been made in
the rules as proposed.
In accordance with the statement in
the notice of proposed rule making,
? 209.131, as set forth below, is hereby
adopted effective on publication
(4-7-71).
? 209.131 Permits for discharges or de-
posits into navigable waters.
(a) Purpose and scope. This section
prescribes the policy, practice, and pro-
cedure to be followed by all Corps of
Engineers installations and activities in
connection with applications for permits
authorizing discharges or deposits into
navigable waters of the United States or
into any tributary from which dis-
charged or deposited matter :hall float or
be washed into a navigable water.
(b) Law and Executive order author-
izing permits. (1) Section 13 of the Act
approved March 3, 1899 (33 U.S.C. 407),
hereafter referred to as the "Refuse Act,"
provides in part that it is unlawful "to
throw, discharge, or deposit, or cause,
suffer, or procure to be thrown, dis-
charged, or deposited either from or out
of any ship, barge, or other floating craft
of any kind, or from the shore, wharf,
manufacturing establishment, or mill of
any kind, any refuse matter of any kind
or description whatever other than that
flowing from streets and sewers and
passing therefrom in a liquid state, into
any navigable water of the United States,
or into any tributary of any navigable
water from which the same shall float or
be washed into such navigable water; and
it shall not be lawful to deposit, or cause,
suffer, or procure to be deposited mate-
rial of any kind in any place on the bank
of any navigable water, or on the bank
of any tributary of any navigable water,
where the same shall be liable to be
washed into such navigable water * * *
whereby navigation shall or may be im-
peded or obstructed: Provided, That
nothing herein Contained shall ex-
tend to, apply to, or prohibit the
operations in connection with ' the
improvement of navigable waters or con-
struction of public. works, considered
necessary and proper by the U.S. officers
supervising such improvement or public
work: And provided further, That the
Secretary of the Army, whenever in the
judgment of the Chief of Engineers
anchorage and navigation will not be
injured thereby, may permit the deposit
of any material above-mentioned in nav-
igable waters, within limits to be defined
and under conditions to be prescribed by
him, provided application is made to him
prior to depositing such material; and
whenever any permit is so granted the
conditions thereof shall be strictly com-
plied with, and any violation thereof
shall 'be unlawful."
(2) Executive Order No. 11574 (dated
December 23, 1970) directs the imple-
mentation of a permit program under the
authority of the Refuse Act and provides
for the cooperation of affected Federal
agencies in the administration of the
program.
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(c) Kelated? legislation. (1) Section
21(b) of the Federal Water Pollution
Control Act, as amended (33 U.S.C. 1151
et seq.) (see particularly the Water
Quality Improvement Act of 1970, Public
Law 91-224, 84 Stat. 108), reflects the
concern of the Congress with mainte-
nance of applicable water quality stand-
ards and, eUbject to certain exceptions,
requires any applicant for a Federal li-
cense or permit to conduct any activity
including, but not limited to, the con-
struction or operation of facilities which
may result in a discharge into the navi-
gable waters of the United States to
provide an appropriate certification that
there is reasonable assurance that such
activity will be conducted in a manner
which will not violate applicable water
quality standards.
(2) The concern of the Congress with
the need to encourage the productive and
enjoyable harmony between man and his
environment and the need to promote
efforts which will prevent or eliminate
damage to the environment was mani-
fested in the enactment of the National
Environmental Policy Act of 1969 (42
U.S.C. 4321-4347). Section 102 of that
Act directs that
To the fullest extent possible: (1) The
policies, regulations, and public laws of the
United States shall be interpreted and ad-
ministered in accordance with the policies
set forth in this Act, and (2) all agencies
of the Federal Government shall?
*
(B) Identify and develop methods and
procedures, in consultation with the Coun-
cil on Environmental Quality established by
title II of this Act, which will insure that
presently unquantified environmental amen-
ities and values may be given appropriate
consideration in decisionmaking along with
economic and technical considerations ? *
(3) The concern of Congress with the
quality of the aquatic environment as it
affects the conservation, improvement
and enjoyment of fish and wildlife re-
sources is indicated in the Fish and
Wildlife Act of 1956 (16 U.S.C. 742a
et seq.), the Migratory Marine Game-
Fish Act (16 U.S.C. 760c-760g) and the
Fish and Wildlife Coordination Act 116
U.S.C. 661-666c). The latter Act provides
in part that:
fWilienever the waters of any stream or
other body of water are proposed or author-
'zed to be impounded, diverted, the channel
deepened, or the stream or other body of
water otherwise controlled or Modified for
any purpose whatever, including navigation
and drainage, by any department or agency
of the United States. or by any public or
private agency under Federal permit or
license, such department or agency first shall
consult with the U.S. Fish and Wildlife
Service, Department of the Interior, and with
the head of the agency exercising adminis-
tration over the wildlife resources of the
particular State wherein the impoundment,
diversion, or other control facility is to be
constructed, with a view to the conservation
of wildlife resources ? * (16 U.S.C.
662 (a) )
(See also Reorganization Plan No. 4 of
1970 which transferred certain functions
from the Secretary of the Interior to the
Secretary of Commerce.) As provided in
RULES AND REGULATIONS
paragraph (d) (6) of this section, advice
as to the impact which a proposed dis-
charge or deposit may or is likely to have
on fish and wildlife resources is to be
soliciated from the appropriate Regional
Coordinator or Field Representative of
the Department of the Interior and the
appropriate Regional Director of the Na-
tional Marine Fisheries Service of the
National Oceanic and Atmospheric Ad-
ministration (NOAA) , Department of
Commerce.
(4) As amended, the Act of June 29,
1888 (33 U.S.C. 441 et seq.) authorizes
Corps of Engineers' officers supervising
the harbors of New York, Hampton
Roads, and Baltimore to enforce pro-
visions making unlawful unauthorized
discharges or deposits. Section 421 of
Title 33 of the United States Code makes
unlawful certain discharges or deposits
into Lake Michigan.
(d) General policy. (1) The Refuse Act
is considered to apply to all direct and
indirect discharges or deposits (except
those flowing from streets and sewers and
passing therefrom in a liquid state) by
any person, firm or other entity, includ-
ing discharges or deposits from munic-
ipal, State, or Federal facilities or instal-
lations, into a navigable waterway or
tributary or into a waste treatment sys-
tem from which the same will flow into
a navigable waterway or tributary. Dis-
charges or deposits of water at a tem-
perature different from that of the navi-
gable waterway or tributary into which
the same will flow are considered to be
discharges or deposits to which the Ref-
use Act is applicable.
(2) The Refuse Act Permit Program
is applicable to all discharges or deposits
identified in subparagraph (1) of this
paragraph except that the permit pro-
gram is not applicable to:
(i) Discharges or deposits into a mu-
nicipal or other public sewage treatment
system;
(ii) Discharged or deposits from a mu-
nicipal or other public sewage treatment
system;
(iii) Discharges or deposits of storm
water runoff flowing from public or pri-
vate streets;
(iv) Discharges or deposits into a waste
treatment system. (This exception does
not apply to discharges or deposits from
such a waste treatment system into a
navigable waterway or tributary. Thus,
for example, the operator (including, if
applicable, agencies or instrumentalities
of the Federal, State, or local govern-
Ments) of a waste treatment system
which receives industrial discharges and
is not tied in with a municipal or other
public sewage treatment system must
apply for and receive a permit if the
system discharges or deposits into a nav-
igable waterway or tributary.)
(v) Discharges or deposits which are
placed on the banks of a navigable water-
way or tributary where the same shall be
liable to be washed into such navigable
water either by ordinary or high tides, or
by storms or floods whereby navigation
shall or may be impeded or obstructed;
(This exception does not apply to dis-
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charges or deposits placed on banks
which, because of gravity or the slope of
the ground on which the discharge or de-
posit is placed, will flow into a navigable
waterway or tributary. Such discharges
or deposits will require a permit under
the Refuse Act Permit Program.)
(vi) Discharges or deposits from ships
or other watercraft into a navigable
waterway or tributary.
The foregoing exceptions from the per-
mit program shall not be deemed to af -
feet the applicability of the Refuse Act
itself to such discharges or deposits un-
less such discharges or deposits fall
within the statutory exception for "that
flowing from the streets and sewers and
passing therefrom in a liquid state." In
addition to these exceptions, the Refuse
Act Permit Program is not applicable to
public or private dredging or filling which
shall continue to be subject to the permit
prograni instituted pursuant to 33 U.S.C.
403.
(3) Except as provided for in sub-
paragraph (2) of this paragraph, all per-
sons, firms, or other entities wishing to
discharge or deposit into waters covered
by the Refuse Act must apply to the Dis-
trict Engineer in charge of the District
where the proposed discharge or deposit
is to occur for a permit under the Refuse
Act Permit Program. Permits covering
discharges from facilities which are now
in existence but which were not in ex-
istence or lawfully under construction
prior to April 3, 1970, must be applied
for as soon as possible following the pub-
lication of this section in the FEDERAL
REGISTER, but in no event. later than
July 1, 1971. All other persons, firms, or
other entities wishing to discharge or de-
posit into waters covered by the Refuse
Act are obligated to apply for a permit
prior to July 1, 1971, except that persons,
firms, or other entities wishing to com-
mence discharges or deposits into waters
covered by the Refuse Act on or after
November 1, 1971, must file a completed
application for a permit no less than 120
days in advance of the date on which it
is desired to commence discharges or
deposits.
(4) All discharges or deposits to which
the Refuse Act is applicable (see subpara-
graph (1) of this paragraph) are unlaw-
ful unless authorized by an appropriate
permit issued under the authority of the
Secretary of the Army. The fact that offi-
cial objection may not have been raised
with respect to past or continuing dis-
charges or deposits does not constitute
authority to discharge or deposit or to
continue to discharge or deposit in the
absence of an appropriate permit. Any
such discharges or deposits not author-
ized by an appropriate permit may result
in the institution of legal proceedings in
appropriate cases for violation of the pro-
visions of the Refuse Act. Similarly, the
mere filing of an application request-
ing permission to discharge or deposit
Into navigable waters , or tributaries
thereof will not preclude legal action in
appropriate cases for Refuse Act viola-
tions. The institution of either a civil
or criminal action by the Department of
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Justice under the Refuse Act will not pre-
clude the acceptance or continued proc-
essing of a permit application. Where
a civil action to restrain a discharge or
deposit which is the subject of the permit
application that has been filed, and that
action is disposed of other than by the
dismissal of the case by the court, any
permit which is issued shall include any
requirements embodied in the resolution
of the case.
(5) The decision as to whether or on
what conditions a permit authorizing a
deposit which is the subject of the permit
issued under the Refuse Act will be based
on an evaluation of the impact which
the discharge or deposit may have on
(i) anchorage and navigation, (ii) appli-
cable water quality standards and re-
lated water quality considerations, in-
cluding environmental values reflected
in water quality standards, and (iii) fish
and wildlife values not reflected in or
adequately protected by applicable water
quality standards, if any.
(6) Recognizing that, at the Federal
level, responsibility for the protection of
fish and wildlife resources lies primarily
with the Department of the Interior and
with the National Oceanic and Atmos-
pheric Administration (NOAA) of the
Department of Commerce, the appropri-
ate Regional Director of the National
Marine Fisheries Service of NOAA and
the appropriate Regional Coordinator or
Field Representative of the Department
of the Interior will advise the appropri-
ate District Engineer and the appropriate
Regional Representative of EPA of the
impact, if any, which a proposed dis-
charge or deposit may or is likely to have
on fish and wildlife resources and will, in
appropriate cases, recommend conditions
considered necessary to afford reasonable
protection to such resources.
(7) Although the Refuse Act vests in
the Secretary of the Army authority to
determine whether or not a permit
should or should not issue, it is recog-
nized that responsibility for water quality
improvement lies primarily with the
States or, in particular instances, with
appropriate interstate agencies or river
basin commissions, and, at the Federal
level, with the Environmental Protection
Agency (EPA) . Accordingly, EPA shall
advise the Corps with respect to the
meaning, content and application of
water quality standards applicable to a
Proposed discharge or deposit and as to
the impact which the proposed discharge
or deposit may or is likely to have on
applicable water quality standards and
related water quality considerations, in-
cluding environmental values reflected in
water quality standards. Specifically, the
Regional Representative of EPA will, as
appropriate, identify and advise the Dis-
trict Engineer with respect to the
following:
(i) The meaning and content of ap-
plicable water quality standards;
(ii) The application of water quality
standards to the proposed discharge or
deposit, including the likely impact of
the proposed discharge or deposit on such
water quality standards and related
water quality considerations;
RULES AND REGULATIONS
(iii) The permit conditions required to
comply with applicable water quality
standards;
(iv) The permit conditions required to
carry out the purposes of the Federal
Water Pollution Control Act where water
quality standards are not applicable in
Whole or in part;
(v) The protection afforded fish and
wildlife resources by water quality stand-
ards, if any;
(vi) The interstate water quality ef-
fect of the proposed discharge or deposit;
(vii) The recommended duration of a
permit.
Regional Representatives will also pro-
vide District Engineers with a recom-
mendation as to whether or not the per-
mit applied for should or should not
Issue and the basis for that recom-
mendation.
(8) Recognizing the expertise of EPA
In matters related to water quality, Dis-
trict Engineers shall, except as provided
in subparagraph (10) of this paragraph,
accept such findings, determinations and
interpretations as the Regional Repre-
sentative of EPA may make respecting
the applicability of water quality stand-
ards (including compliance with those
standards in particular circumstances)
and related water quality considerations,
and shall deny a permit application in
accordance with the recommendation of
a Regional Representative if that recom-
mendation is supported by a finding that
the proposed discharge or deposit will
not be consistent with applicable water
quality standards or related water qual-
ity considerations.
(9) If the Regional Representative of
EPA .finds that the proposed discharge
or deposit will meet applicable water
quality standards or that a permit can
be conditioned so as to ensure compliance
with applicable water quality standards,
District Engineers shall accept the find-
ing and shall include in any permit is-
sued such conditions as the Regional
Representative may have recommended
respecting water quality standards and
related water quality considerations. In
any case the District Engineer may deny
the requested permit if it appears that
anchorage and navigation will be injured
or that the proposed discharge or deposit
will have a significant and unreasonable
adverse impact on fish and wildlife
resources.
(10) In any case where the District
Engineer and the Regional Representa-
tive of EPA differ with respect to appli-
cable water quality standards or related
water quality considerations and are un-
able to reconcile their views as to
whether OT not a permit should be issued,
or the terms and conditions of a permit,
the District Engineer shall promptly for-
ward the matter through channels to
the Secretary of the Army to provide
the Secretary with the opportunity to
consult with the Administrator of EPA.
Such consultation shall take place within
30 days of the date on which the Secre-
tary receives the file from the District
Engineer or within such additional period
of time as the Secretary and the Admin-
istrator may agree upon. Following such
consultation, the Secretary shall accept
the findings, determinations, and inter-
pretations of the Administrator as to
water quality standards and related
water quality considerations, shall direct
that the permit be denied if the Admin-
istrator found or determined that the
proposed discharge or deposit would vio-
late applicable water quality standards,
and shall otherwise give careful consid-
eration to the recommendations of the
Administrator before forwarding the
case to the District Engineer with in-
structions as to its disposition.
(11) No permit will be issued:
(i) In cases where the applicant, pur-
suant to section 21(b) (1) of the Federal
Water Pollution Control Act, as
amended, is required to obtain a State
or other appropriate certification that
the discharge or deposit will not violate
applicable water quality standards and
such certification was denied;
(ii) For discharges or _ deposits of
harmful quantities of oil, as defined pur-
suant to section 11 of the Federal Water
Pollution Control Act;
(iii) If its issuance would be inconsist-
ent with any finding, or determination,
or interpretation of the Administrator
pertaining to applicable water quality
standards and related water - quality
considerations;
(iv) For materials designated as haz-
ardous substances under regulations to
be promulgated by the Administrator of
EPA under section 12 of the Federal
Water Pollution Control Act, as amended,
except with the approval of the Admin-
istrator;
(v) If the proposed discharge or de-
posit will contain a toxic or other sub-
stance (other than materials designated
as hazardous under regulations to be
promulgated by the Administrator of
EPA under section 12 of the Federal
Water Pollution Control Act, as
amended) and if, on the advice of the
Regional Representative of EPA, it ap-
pears tdiat a permit cannot be condi-
tioned to ensure that the proposed dis-
charge or deposit will not pose any sig-
nificant risk to health or safety. District
Engineers are precluded from issuing
permits in such cases. The listing is not
intended to identify all of the cases or
circumstances in which the denial of a
permit may be appropriate.
(e) Authority to issue permits. The
Refuse Act provides that, "the Secretary
of the Army, whenever in the judgment
of the Chief of Engineers anchorage and
navigation will not be injured thereby,
may permit the deposit of any material
* * in navigable waters, within limits
to be defined and under conditions to be
prescribed by him * ? * ." The Chief of
Engineers, in the exercise of his judg-
ment under the Act, has made the gen-
eral determination that anchorage and
navigation will not be injured when the
discharge or deposit permitted will cause
no significant displacement of water or
reduction in the navigable capacity of a
waterway. Except as otherwise provided
in this section, the Secretary of the Army
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RULES AND REGULATIONS
has authorized the Chief of Engineers
and his authorized representatives to is-
sue permits' allowing discharges or de-
posits into navigable waters or tributaries
thereof, if evaluation leads to the con-
clusion that (1) as determined by the
Chief of Engineers, anchorage and navi-
gation will not be injured thereby, and
(2) issuance of a permit will not be in-
consistent with the policy guidance pre-
scribed in paragraph (d) of this section.
Accordingly, within these limitations,
District Engineers are authorized, except
in cases which are to be referred to
higher authority for decision (see para-
graphs (d) (10) and (1) (7) of this sec-
tion), to issue permits or to deny permit
applications for discharges or deposits
covered by the Refuse Act Permit
Program.
(f) Relationship to other corps permits.
(1) Operators of facilities constructed in
navigable waters under a valid construc-
tion or other permit issued pursuant to
section 10 or pursuant to sections 10 (33
U.S.C. 403) and 13 (33 U.S.C. 407) of the
Rivers and Harbors Act approved March
3,1899, must apply for and receive a new
permit under the Refuse Act Permit Pro-
gram in order to lawfully discharge into
or place deposits in a navigable waterway
or tributary.
(2) Any person wishing to undertake
work in navigable waters which may
also result in a discharge or deposit into
such navigable waters or tributaries
thereof must apply for a permit under
section 403 for such work and for a per-
mit under section 407 to cover any pro-
posed discharge or deposit. However, if
the work proposed to be undertaken in
navigable waters is limited to the con-
struction of a minor outfall structure
(one which will not involve any signifi-
cant amount of work, either construc-
tion or dredging and filling, in the
navigable waterway) from which the
proposed discharge or deposit will flow,
District Engineers may in their discretion
issue a single permit under this regula-
tion (ER 1145-2-321). If a single permit
is issued authorizing both work in nav-
igable waters and a discharge or deposit,
the permit should cite both sections 403
and 407 as authority for its issuance.
(g) Information required with an ap-
plication. (1) An applicant for a permit
involving a discharge or deposit into a
navigable waterway or tributary thereof
must file the required application
form(s) with the District Engineer, A
plant, facility, or other establishment
which has multiple outlets from which
discharges or deposits may flow may use
a single application form to apply for a
permit covering all proposed dis-
charge(s) or deposit(s) : Provided,
however, That the discharge or deposit
from each outlet shall be separately de-
scribed and the outlet specifically iden-
tified. The form will also require
information which will fully identify the
character of the discharge(s) or depos-
it(s) and describe the monitoring de-
vices and procedures which will be used
to gather information and maintain rec-
ords on discharges and deposits. Such
information shall include, but need not
be limited to, data pertaining to chemi-
cal content, water temperature differen-
tials, toxins, sewage, amount and fre-
quency of discharge or deposit and the
type and quantity of solids involved, if
any. If the discharge(s) or deposit(s)
will include solids of any type, appli-
cants will be required to (i) identify the
proposed method of instrumentation to
determine the effect of the deposit of
solids on the waterway, and (ii) either
assume responsibility for the periodic,re-
moval of such solids by dredging or agree
to reimburse the United States for costs
associated with such dredging.
(2) An application submitted by a
corporation must be signed by the prin-
cipal executive officer of that corpora-
tion or by an official of the rank of
corporate vice president or above who
reports directly to such principal execu-
tive officer and who has been designated
by the principal executive officer to make
such applications on behalf of the corpo-
ration. In the case of a partnership or a
sole proprietorship, the application must
be signed by a general partner or the pro-
prietor. Each application must contain a
certification by the person signing the
application that he is familiar with the
information provided and that to the
best of his knowledge and belief such
Information is complete and accurate.
Attention is directed to the provisions of
18 U.S.C. 1001 which provides for pos-
sible fines and imprisonment in the case
of false statements.
(3) A fee of one hundred dollars
($100) will be charged in connection with
each application for a permit under the
Refuse Act Permit Program which in-
volves no more than one outlet from
which a discharge or deposit will flow.
If there is more than one outlet from
which a discharge or deposit will flow, an
additional fifty dollars ($50) will be
charged for each additional outlet. Such
fee shall be used to help defray the cost
of administering the program. Agencies
or instrumentalities of Federal, State,
or local governments will not be required
to pay any fee in connection with the fil-
ing of an application for a permit re-
quired under the Refuse Act Permit
Program. This fee structure will be re-
viewed from tune to time as experience
with the program is developed.
(h) State certification. (1) Section 21
( b ) (1) of the Federal Water Pollution
Control Act, as amended, provides that
"Any applicant for a Federal license or
permit to conduct any activity includ-
ing, but not limited to, the construction
or operation of facilities, which may re-
sult in any discharge into the navigable
waters of the United States, shall pro-
vide the licensing or permitting agency a
certification from the State in which the
discharge originates or will originate, or,
if appropriate, from the interstate water
pollution control agency having jurisdic-
tion over the navigable waters at the
point where the discharge originates or
will originate, that there is reasonable
assurance, as determined by the State or
interstate agency that such activity will
6567
be conducted in a manner which will not
violate applicable water quality stand-
ards * * *. No license or permit shall be
granted until the certification required
by this section has been obtained or has
been waived ? ? *." i.e., "if the [certifying
agency] ? " fails or refuses to act on a
request for certification, within a reason-
able period of time (which shall not ex-
ceed 1 year) after receipt of such re-
quest * * ?." Six months shall generally
be considered to be a reasonable period of
time. If, however, special circumstances
identified by either the District Engineer
or the Regional Representative of EPA
require that action on a permit applica-
tion under the Refuse Act be taken
within a more limited period of time, the
District Engineer shall determine a rea-
sonable lesser period of time, advise the
Regional Representative and the certify-
ing agency of the need for action by a
particular date and that, if certification
is not received by the date established, it
will be considered that the requirement
for certification has been waived. Simi-
larly, if it appears that circumstances
may reasonably require a period of time
longer than 6 months, the District Engi-
neer may afford the certifying agency up
to 1 year to provide the required certi-
fication before determining what a
waiver has occurred. District Engineers
shall check with the certifying agency at
the end of the allotted period of time be-
fore determining that a waiver has oc-
curred. Sections 21 (b) (7) and (b) (8) of
the Federal Water Pollution Control Act,
as amended, identify circumstances in
which permits of limited duration may
issue without the certification required
by section 21(b) (1) . See paragraph ( n )
of this section.
(2) Except as provided in subpara-
graph (3) of this paragraph, discharges
or deposits into navigable waters require
certification pursuant to 21(b) (1). Dis-
trict Engineers will accept but will not
fully process a permit application until
the applicant has provided the required
certification. If the application is not
accompanied by the required certifica-
tion the applicant shall (i) provide the
appropriate certifying agency with a
completed copy of the application form
required to be filed by paragraph (g) (1)
of this section, and (ii) file a copy of the
certification application with the District
Engineer. These steps will enable the
District Engineer to determine if the
certification required is being waived by
inaction on the part of the certifying
authority.
(3) In cases involving a discharge or
deposit into a norunavigable tributary,
certification pursuant to 21(b) is not re-
quired. In cases involving a discharge or
deposit into a navigable waterway from
a facility which existed or was lawfully
under construction prior to April 3,1970,
certification is not required until April 3,
1973. In either case, it will be the policy
of the Corps of Engineers not to fully
process a permit application until the ap-
plicant or the State has provided a writ-
ten communication from the State de-
scribing the impact of the proposed
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6568
discharge or deposit and indicating the
views of the State on the desirability of
granting a permit. If such a written
communication is not provided within a
reasonable period of time this require-
ment shall be waived. Six months shall
generally be considered to be a reason-
able period of time. If, however, special
circumstances identified by either the
District Engineer or the Regional Repre-
sentative of EPA require that action on a
permit application be taken within a
more limited period of time, the District
Engineer shall determine a lesser reason-
able period of time, advise the Regional
Representative and the appropriate State
agency that the written communication
should be received by a particular date
and that if it is not received by the date
established, action may be taken on the
Permit application without the written
communication. Similarly, if it appears
that circumstances may reasonably re-
quire a period of time longer than 6
months, the District Engineer may af-
ford the State up to 1 year to provide
the written communication before deter-
mining that a waiver has occurred. Dis-
trict Engineers shall check with the State
at the end of the allotted period of time
before determining that a waiver has
occurred.
(4) As provided in subsection 21 (b) (6)
of the Federal Water Pollution Control
Act, as amended, agencies or instrumen-
talities of the Federal Government will
eot be required to apply to the State or
other certifying agency for a certification
relating to the proposed discharge or de-
posit. Similarly, agencies or instrumen-
talities of the Federal Government will
not be required to apply for the written
communication described in subpara-
graph (3) of this paragraph.
(i) Processing of permit applications.
(1) When an application for a permit is
received, care should be taken to assure
the t the applicant has provided all of the
information required by the application
form and by this section. Copies of ap-
plications received and all other infor-
mation received relating thereto will be
promptly forwarded by the District En-
gineer to the Regional Representative of
EPA for subsequent transmittal to the
appropriate certifying or commenting
aeency.
(2) When all of the required inforrna-
tied has been provided, including the re-
quired certification or written communi-
cation discussed in paragraph (h) of this
section, the applicant shall be advised
that his application is in order and that
it will be processed as expeditiously as
possible.
(3) When the application is found to
be in order the District Engineer shall
promptly forward a complete copy of the
application or such additional informa-
tion as has not already been furnished to
the Regional Representative of EPA.
Copies of the completed application
should also be furnished to the appropri-
ate Regional Director of the National
Marine Fisheries Service of NOAA and
to the appropriate Regional Coordinator
or Field Representative of the Depart-
ment of the Interior and, in cases involv-
RULES AND REGULATIONS
ing a facility which has or will require a
license from the Federal Power Commis-
sion (FPC) or the Atomic Energy Com-
mission (AEC), to the FPC or the AEC.
The Regional Representative of EPA Will
be asked to review the application and
to (i) advise the District Engineer within
30 days whether the proposed discharge
or deposit may affect the quality of
waters of another State (as required by
section 21(b) (2) of the Federal Water
Pollution Control Act, as amended), and
(ii) provide the other information iden-
tified in paragraph (d) (7) of this section
within 45 days. If, however, additional
time beyond said 45 days (or any exten-
sion thereof) is required to respond, the
Regional Representative shall notify the
District Engineer and shall advise him as
to the additional period of time which
will be required to provide such informa-
tion. In cases where a Regional Rep-
resentative does not provide such
information and advice to a District En-
gineer within the time period specified
herein (including any extensions of time
required by the Regional Representative)
the written advice furnished by a State
or other certifying authority shall be
considered by the District Engineer to
be the advice of the Regional Represen-
tative, provided, however, that if the
State or other certifying authority has
waived its opportunity to certify or to
otherwise comment on the permit appli-
cation, the District Engineer may not
take action on the permit application in
the absence of an expression of views by
the Regional Representative of FPA. In
the event that the Regional Representa-
tive determines that the proposed dis-
charge or deposit may affect the quality
of the waters of another State and that
other State determines that the proposed
discharge will affect the quality of its
waters so as to violate water quality
standards, objects to the issuance of a
permit, and requests a public hear-
ing, the matter should be reported to
the Chief of Engineers, Attention:
ENGGC-K.
-(4) When copies of the permit appli-
cation are furnished to the representa-
tives of EPA, NOAA and Interior, a pub-
lic notice, as described in paragraph (I)
of this section, will be posted in post of-
fices and other public places in the vicin-
ity of the site of the proposed discharge
or deposit. A copy of the public notice
shall also be sent to the applicant, to
State, county, or municipal authorities,
to the heads of State agencies having re-
sponsibility for water quality improve-
ment and wildlife resources, and to the
Chief of Engineers, Attention: ENGCW-
ON. In addition, copies of the public no-
tice shall be sent to all other parties
known to be interested In the application,
including navigation interests, adjacent
property owners and conservation orga-
nizations. However, if, in the judgment of
the District Engineer, sending individual
notice to all other parties known to be in-
terested in the application is considered
to be impracticable because of the num-
ber of individual mailings that would be
required, the public notice shall be pub-
lished for 5 consecutive' days in the lo-
cal newspaper. If the local newstraper is
not a daily, the public notice should be
published in the local newspaper and for
5 consecutive days in a newspaper of
general circulation in the area where the
proposed discharge or deposit is to occur.
If the notice is published in the news-
paper(s) , the applicant shall reimburse
the District Engineer for the costs of
publication.
(5) Water quality certifications pursu-
ant to section 21(b) of the Federal Water
Pollution Control Act, the comments of
all governmental agencies on a permit
application, and all information and
data provided by an applicant or a per-
mittee identifying the nature and fre-
quency of a discharge or deposit shall be
available for examination by the public
in the Office of the District Engineer. All
other information or data which may be
submitted by an applicant in connection
with a permit application or which may
be furnished by a permittee in connec-
tion with required periodic reports shall
also be available to the public unless the
applicant or manatee specifically iden-
tifies and is able to demonstrate to the
satisfaction of the Secretary of the Army
or his authorized representative that the
disclosure of such information or data
to the general public would divulge
methods or processes entitled to protec-
tion as trade secrets.
(6) If notice of the permit application
evokes substantial public interest a pub-
lic hearing may be held. Policy with re-
spect to the holding and conduct of
public hearings is discussed in paragraph
(k) of this section.
(7) District Engineers may, consistent
with the policy guidance contained in
paragraph (d) of this section, and, after
considering all of the information de-
veloped with respect to the permit appli-
cation, including written or oral
info] !nation presented in response to a
public notice or at a public hearing, issue
a permit with or without conditions, or
deny it, provided, however, that if a Dis-
trict Erie weer determines that issuance'
of a permit with or without conditions
is appropriate but there is objection to
the issuance of the proposed permit by
the Regional Representative of EPA on
grounds related to water quality, the
matter most be forwarded to higher au-
thority for resolution by the Secretary
and the Administrator as provided for in
paragraph (d) (10) of this section. If the
Regional Representative of EPA does not
object to the issuance of a permit and
the District Engineer determines that is-
suance of a permit with or without con-
ditions is appropriate but there is
continuing objection to the issuance of a
permit by either the Regional Coordina-
tor or Field Representative of the De-
partment of the Interior or the Regional
Director of the National Marine Fisheries
Service of NOAA on the grounds that the
discharge or deposit will have a signifi-
cant and unreasonable adverse impact on
fish and wildlife resources, the District
Engineer shall not proceed with the is-
suance of a permit if, immediately upon
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receipt of notice from the District Engi-
neer that he intends to issue a permit,
such Regional Coordinator, Field Repre-
sentative or Regional Director indicates
to the District .Engineer in writing that
he wishes to bring his concerns to the at-
tention of higher officials in Washington.
In such cases, the proposed permit may
be issued at the expiration of 30 days
from the date of receipt of the letter
from the Regional Coordinator, Field
Representative or Regional Director
unless, prior to that time, as a result of
consultations in Washington, it is di-
rected that the matter be forwarded to
higher authority for resolution by the
Secretary of the Army, the Administra-
tor of EPA and, as appropriate, the Sec-
retary of Commerce or the Secretary of
Interior. Thereafter, a permit will be
issued only pursuant to and in accord-
ance with instructions from such higher
authority. Every effort should be made to
resolve differences at the District Engi-
neer level before referring the matter to
higher authority.
(j) Public notice. (1) As required by
paragraph (i) (4) of this section, a pub-
lic notice will be issued after a permit
application is determined to be in proper
order. In cases where the permit applied
for pertains to a discharge or deposit and
does not involve construction or other
work in navigable waters, the notice shall
(i) state the name and address of the
applicant, (ii) identify the waterway in-
volved and provide a sketch showing the
location of the prpposed discharge or de-
posit. (iii) fully identify the character
and frequency of the discharge or deposit
(iv) include any other information (such
as the views of the State on the permit
application) which may assist interested
parties in evaluating the likely impact of
the proposed discharge or deposit, if any,
(v) provide 30 days within which inter-
ested parties may express their views con-
cerning the permit application. All pub-
lic notices involving a proposed discharge
or deposit shall contain the following
statement:
The decision as to whether or on what
conditions a permit authorizing a discharge
or deposit will or will not be issued under
the Refuse Act will be based on an evalua-
tion of the impact which the proposed dis-
charge or deposit m^.y have on (I) anchorage
and navigation, (11) applicable water quality
standards and related water quality consid-
erations, including environmental values
reflected in water quality standard, and WO
fish and wildlife values not reflected in or
adequately protected by applicable water
quality standards, if any.
In the event that individual states may,
in connection with applications for cer-
tifications required by subsection 21(b)
(1) of the Federal Water Pollution Con-
trol Act, as amended, wish to enter into
arrangements for joint public notice con-
cerning proposed discharges or deposits,
the Chief of Engineers may, after con-
sulting with the Environmental Protec-
tion Agency, approved mutually satisfac-
tory arrangements.
(2) Comments received from inter-
ested parties within the period provided
for in the public notice or within such
No. 07?Pt.
RULES AND REGULATIONS
extensions of time for filing such com-
ments as may be granted by the District
Engineer will be retained and will be
considered in determining whether the
permit applied for should be issued.
(3) In addition to advising the appli-
cant in writing of the final action taken
on his application, including the reasons
therefor if the application is denied, the
District or Division Engineer will pro-
vide a copy to any member of Congress
who has expressed an interest in the
particular permit application. Other
persons interested in the final action
taken on an application may contact the
District Engineer.
(4) When objections to the issuance
of a permit are received in response to
a public notice, the Division or District
Engineer will furnish the applicant with
copies of the objections and afford him
the opportunity to rebut or resolve the
objections.
(k) Public hearings. (1) It is the pol-
icy of the Corps of Engineers to conduct
the civil works program in an atmos-
phere of public understanding, trust, and
mutual cooperation and in a manner re-
sponsive to the public interest. To this
end, a public hearing may be helpful and
will be held in connection with an ap-
plication for a permit involving a dis-
charge or deposit in navigable waters or
tributaries thereof whenever, in the
opinion of the District Engineer, such a
hearing is advisable. In considering
whether or not a public hearing is ad-
visable, consideration will be given to
the degree of interest by the public in
the permit application, requests by the
applicant or responsible Federal, State,
or local authorities, including Members
of the Congress, that a hearing be held,
and the likelihood that information will
be presented at the hearing that will be
of assistance in determining whether the
permit applied for should be issued. In
this connection, a public hearing will not
generally be held if there has been a
prior hearing (local, State, or Federal)
addressing the proposed discharge unless
it clearly appears likely that the holding
of a new hearing may result in the pres-
entation of significant new information
concerning the impact of the proposed
discharge or deposit. The need +for a
hearing will be reported to the Division
Engineer and his concurrence obtained.
In certain circumstances a public hear-
ing may be mandatory (see subpara-
graph (5) of this paragraph).
(2) In cases where it is determined
that a public hearing should be held and
It appears that the impact of the pro-
posed discharge or deposit on applicable
water quality standards or related water
quality considerations will be an issue
which will be raised at the hearing, the
hearing shall be jointly held by both the
District Engineer and the Regional Rep-
resentative of EPA.
(3) The success of a public hearing
depends upon the degree to which all
interests are aware of the hearing and
understand the issues involved. The fol-
lowing steps will be taken for each
hearing:
6569'
(i) A public notice will be prepared
and issued in clear, concise, objective
style. The notice shall state the purpose
of the hearing, provide details of time
and place, and fully identify the loca-
tion, character, and frequency of the
proposed discharge or deposit.
(ii) The public notice will be given at
least 30 days in advance of the hearing
in the same manner as the public notice
required under paragraph (i) (4) of this
section. In addition, copies of the public
notice will be provided to news media
within the geographical area, and ap-
propriate specialized news media for
reaching interested groups and orga-
nizations.
(iii) As appropriate, supplementary
informational matter, fact sheets, or
more detailed news releases, will be dis-
tributed to the general or specialized
news media.
(iv) Notice will be given to interested
members of the Congress and Governors
of the States involved.
?4) The hearing will be conducted in
a manner that permits open and full
discussion of any issues involved. A
transcript of the hearing, together with
copies of relevant documents, will be-
come a part of the permit application
record.
(5) In addition to the hearings which
may be required by the policy specified
in the preceding paragraphs, hearings
are required under sections 21(b) (2) and
21(b) (4) of the Federal Water Pollution
Control Act when (i) a State, other than
the State of origin, objects to the issu-
ance of a permit and requests a hearing
on its objections or (ii) the Secretary
of the Army proposes to suspend a De-
partment of the Army permit upon noti-
fication by the certifying authority that
applicable water quality standards will
be violated. When a hearing is required
pursuant to the Federal Water Pollution
Control Act the matter should be re-
ported to the Chief of Engineers, Atten-
tion: ENGGC-K. The Chief of Engineers
will provide additional guidance with
respect to holding of such hearings.
(6) In any case, when a District Engi-
neer intends to schedule a public hearing
he shall notify the Regional Representa-
tive of EPA not less than 10 days in ad-
vance of the deadline for the filing of
comments by such Representative upon
the permit application.
(1) Environmental impact statement.
(1) Section 102(2) (C) of the National
Environmental Policy Act of 1969 re-
quires all Federal agencies, wtih respect
to major Federal actions significantly
affecting the quality of the human en-
vironment, to submit to the Council on
Environmental Quality a detailed state-
ment on:
(i) The environmental impact of the
proposed action,
(ii) Any adverse environmental effects
which cannot be avoided should the pro-
posal be implemented,
(iii) Alternatives to the proposed
action,
(iv) The relationship between local
short-term uses of man's environment
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and the maintenance and enhancement
of long-term productivity, and
(v) Any irreversible and irretrievable
commitments of resources which would
be involved in the proposed action should
it. be implemented.
? (2) Section 102(2) (C) statements will
not be required in permit cases where
it is likely that the proposed discharge
will not have any significant impact on
the human environment. Moreover, the
Council on Environmental Quality has
advised that such statements will not
be required where the only impact of
proposed discharge or deposit will be on
water quality and related water quality
considerations because these matters are
specifically addressed under subsections
21 (b) and (c), the Federal Water Pol-
lution Control Act, as amended. How-
ever, such statements shall be required
in connection with proposed discharges
or deposits which may have a significant
environmental impact unrelated to water
quality. In cases in which a section
102(2) (C) statement may be required.
the report of the District Engineer
accompanying any case referred to
higher ? authority (see paragraphs
(d) (10) and (i) (7) of this section) will
contain a separate section addressing
the environmental impact of the Pro-
posed discharge or deposit, if any, and,
if issuance of a permit is recommended,
a draft section 1022)(C) statement
should be attached. In all other cases in
which a section 102(2) (C) statement is
required the District Engineer shall draft,
consult with, and obtain the comments
of any Federal, State, and local agency
which has jurisdiction by law or special
expertise with respect to any environ-
mental impact involved. In cases where
the preparation of a 102(2) (C) state-
ment is necessary, the District Engineer
may require the applicant to furnish
:,uch information as lie may consider
necessary to prepare the required
statement.
ire) Publicity. District Engineers will,
in consultation with Regional Represent-
atives, establish and maintain a program
to assure that potential applicants for
permits are informed of the require-
ments of this regulation and of the steps
required to obtain permits for discharges
into navigable waters. Whenever the Dis-
trict Engineer becomes aware of plans
being developed by either private or
public entities who will require permits
in order to implement the plans, a letter
will be sent to the potential permittee
advising him of statutory requirements
and the need to apply for a permit under
this section.
(It) Duration of permits issued. (1)
In cases where (i) certification pursuant
to section 21(b) is required and has been
received, (ii) certification is not required
but the State has otherwise indicated
that it has no objection to the issuance
of a permit, or (iii) where certification
or State views have not been received
and the requirement for such certifica-
tion or State views has been waived, but
the Regional Representative of EPA has
RULES AND REGULATIONS
nd.ic -.led that EPA has no objection to
the, issuance of a permit and issuance of
such a permit is otherwise considered
appropriate, a permit subject to revalida-
tion at the expiration of 5 years may be
issued: Provided, however, That a permit
of longer duration and subject to such
revalidation provisions as the District
Engineer may consider appropriate may
issue with the approval of the Adminis-
trator of EPA or his authorized rep-
resentative.
(2) In cases involving a facility which
was in existence or lawfully under con-
struction prior to April 3, 1970, and it
appears after evaluation that issuance
of a Federal permit would be appropriate
although certification pursuant to section
21(b) has not been provided, a permit
may be issued, provided (i) that the per-
mit will expire on April 2, 1973, and (ii)
that it is conditioned so as to require
annual demonstration by the permittee
that the discharge or deposit is in com-
pliance with applicable water quality
implementation schedules.
(3) Permits of less than 5 years' dura-
tion may issue in appropriate cases and
District Engineers shall give great weight
to the advice of Regional Representatives
of EPA on the appropriate duration for
particular permits.
(o) (1) [Reserved]
(2) Permits shall include such special
conditions as the Regional Representa-
tive of EPA may consider necessary or
appropriate to insure compliance with
applicable water quality standards and
the purposes of the Federal Water Pollu-
tion Control Act. Permits shall also be
subject to such special conditions as the
District Engineer may, after consulta-
tion with State and local agencies, In-
terior, NOAA, and other appropriate
Federal agencies, consider to be necessary
or appropriate to insure that navigation
and anchorage will not be injured, and to
insure that the discharge or deposit will
not have a significant and unreasonable
adverse impact on fish and wildlife
resources.
(p) Violations of the Refuse Act or
permit conditions. Discharges or deposits
which are not authorized by an appro-
priate permit issued under the author-
ity of the Secretary of the Army are un-
lawful and may result in the institution
of legal proceedings under the Refuse
Act. When a permit has been issued dis-
charges or deposits must be consistent
with the terms and conditions of such
permit. Discharges or deposits in viola-
tion of permit terms or conditions shall
result in the institution of legal proceed-
ings under the Refuse Act end/or the
Initiation of administrative proceedings
to suspend or revoke the permit.
[Rep.. Apr. 1, 1971, ENGCW-ON1 (Sec. 7, 40
Stat. 288; 33 U.S.C. 1; sec. 3012, 70A Stat. 157:
10 U.S.C. 3012)
For the Adjutant General.
EDWIN A. DAYTON,
LTC, AGC, Chief, Plans Office, TAGO.
[FR Doc.71-4808 Piled 4-6-71;8:49 am]
Title 49 TRANSPORTATION
Subtitle A-Office of the Secretary of
? Transportation
[OST Docket No. 1; Arndt. 1-47]
PART 1-ORGANIZATION AND DELE-
GATION OF POWERS AND DUTIES
Delegations of Authority
The purpose of this amendment is to
delegate certain of the Secretary's func-
tions under the Federal-Aid Highway and
Highway Safety Acts of 1970 (Public Law
91-605) and the Federal Railroad Safety
Act of 1970 (Public Law 91-458) to the
Federal Highway Administrator and
the National Highway Traffic Safety
Administrator.
Since this amendment relates to De-
partmental management, procedures,
and practices, notice and public proce-
dure thereon is unnecessary and it may
be made effective in. less than 30 days
after publication in the FEDERAL
REGISTER.
In consideration of the foregoing, ef-
fective March 30, 1971, Part 1 of Title
49, Code of Federal Regulations, is
amended as follows:
a. Paragraph (b) of ? 1.48 is amended
and new paragraphs (n) and (o) are
added to read as follows:
? 1.48 Delegations to Federal Highway
Administrator.
The Federal Highway Administrator
is delegated authority to.-
*
(b) Administer the following laws
related generally to highways:
(1) Chapters 1 (except sec. 134(b)
and 138), 2, 3, and 5 of title 23, United
States Code, including the apportion-
ment of funds for Federal-Aid High-
ways once Congress approves estimates
submitted by the Secretary;
(2) The Federal-Aid Highway Act of
1970 except sec.. 118) (84 Stat. 1713) ;
)3) The Federal-Aid Highway Act of
1968, as amended e82 Stat. 815) ;
(4) The Federal-Aid Highway Act of
1966, as amended (80 Stat. 766) ;
(5) The Federal-Aid Highway Act of
1962, as amended (76 Stat. 1145, 23
U.S.C. 307 note) ;
(6) The Federal-Aid Highway Act of
1954, as amended (68 Stat. 70) ;
(7) The Act of September 26, 1961,
as amended (75 stat. 670) :
(8) The Highway Revenue Act of
1956, as amended (70 Stat. 387, 23 U.S.C.
120 note) ;
(9) The Highway Beautification Act
of 1965, as amended (79 Stat. 1028, 23
U.S.C. 131 et seq. notes) ;
(10) The Alaska Omnibus Act, as
amended (73 Stat. 141, 48 U.S.C. 21, note
prec.) ;
(11) The Joint Resolution of August
28, 1965, as amended (79 Stat. 578, 23
U.S.C. 101 et seq., notes) ;
(12) Section 502(c) of the General
Bridge Act of 1946, as amended (.60 Stat.
847,33 U.S.C. 525(c));
Menet REGISTER, VOL. 36 NO 67--.INEGNESDLY.._ APRIL _7 _147.1
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ORGANIZATION
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*
CORPS OF ENGINEERS INSTALLATIONS
AREA CODE &
TELEPHONE NUMBER
DUTY HOURS NON DUTY HOURS
CHIEF OF ENGINEERS 202 693-7000
Mail Address: 545-6700**
Department of the Army
Washington, D. C. 20314
Office Location:
James Forrestal Building
Washington, D. C.
Duty Officer, OCE
Mon-Fri until 1830 hrs - 693-7138, Sat until 1200 hrs - 693-7138
Sun, Holidays, Mon-Fri after 1830 hrs and Sat after 1200 hrs - OX-50163*
General Information
ENGINEER INSPECTOR GENERAL
Rn G-A-346, Forrestal Bldg
Washington, D. C. 20314
ATLANTA Field Office, EIG
Rn 406, Title Bldg
30 Pryor St., S. W.
Atlanta, Georgia 30303
CHICAGO Field Office, EIG
Rn 225, 536 S. Clark St.
Chicago, Illinois 60605
FT BELVOIR Field Office, EIG
Bldg T-2316
Ft. Belvoir, Va., 22060
AND ACTIVITIES LIST
OFFICER IN CHARGE
LTG Frederick J. Clarke
SYMBOLS NOTES OFFICE HOURS
ENGCE
0745-1615 EDT
?
202 693-6456
202 693-6870
703 521-7152
COL H. N. Tufts
ENGIG
0745-1615 EDT
404 526-6658
631-5652
COL Carl A. Lee
ENGIG -A
0730-1600 EDT
312 353-6313
433-5150
COL Karl F. Stark
ENGIG-C
0815-1645 CDT
353-6314
703 664-1306
664-2952
COL Philip E. Phaneuf
ENGIG-B
0745-1615 EDT
Code 192
X-41306
APRIL 1971
*DA Adjutant General Duty Officer will give OCE Duty Officer home telephone number, Area Code 202, 695-0163, Local OXford 50163.
**To reach person whose extension is not known.
Refer to ER 1-1-141 for reporting changes and corrections.
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ORGANIZATION
SAN FRANCISCO Field Office, EIG
Mail Address:
Rn 1216
630 Sansome St.
San Francisco, Ca., 94111
Office Location:
Rio 108
630 Sansome St.
San Francisco, Ca.
OCE PUBLICATIONS DEPOT
4300 Wheeler Ave.
Alexandria, Va., 22304
U. S. ARMY ENGR DIV,'HUNTSVILLE
Mail Address:
P. O. Box 1600 West Station
Huntsville, Ala., 35807
Office Location:
106 Wynn Drive
Huntsville, Ala.
AREA CODE &
TELEPHONE NUMBER
DUTY HOURS NON DUTY HOURS OFFICER IN CHARGE SYMBOLS NOTES OFFICE HOURS
415 556-5081
202 694-7770
574-3991 COL George Mason
Mrs. D. Percival
DIVISIONS AND DISTRICTS
205 895-5460
895-5150**
U. S. ARMY ENGR DIV, LOWER MISS. VALLEY 601 636-1311
Mail Address: X-201
P. O. Box 80 636-1311**
Vicksburg, Miss., 39180
Office Location:
Corner Crawford & Walnut Sts.
Vicksburg, Miss
U. S. Army Engr
WATERBORNE COMMERCE STATISTICS CENTER
Mail Address:
P. O. Box 61280
New Orleans, La., 70160
U. S. Army Engr Dist, MEMPHIS
668 Federal Office, Bldg.
Memphis, Tenn. 38103
504 865-1121
X-323
901 534-3221
534-3618
ENGIG-S 0730-1600 PDT
ENGAS-PD 0745-1615 EDT
837-4893 BG Bates C. Burnell HND 3 0745-1630 CDT
636-1311 MG A. P. Rollins, Jr. LMV 2&5 0800-1645 CDT
282-2835 Charles J. Huard LW/CS 0745-1615 CDT
397-7501 COL John V. Parrish Jr. LMM 2&5 0745-1630 CDT
2
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' U. S. Army Engr Dist, NEW ORLEANS
.Mail Address:
P. 0. ,Box 60267
New Orleans, La. 70160
Office Location:
Foot of Prytania St.
New Orleans, La.
U. .S. Army Engr Dist, ST. LOUIS
210 North 12 St.
St. Louis, Mo. 63101
U. S. Army Engr Dist,
Mail Address:
P. O. Box 60
Vicksburg, Miss.
Office Location:
USPO & Courthouse
Vicksburg, Miss.
VICKSBURG
39180
Bldg.
U. S. ARMY ENGR DIV, MEDITERRANEAN
APO N.Y. 09019 (Leghorn), Italy
20 Approved For Release 2003/04/ A -RDP84-00780R003800160011-4
504 865-1121 COL Herbert R. Haar, Jr.
LMN
X-200
865-1121**
314 268-2821
314 434-5220
COL Carroll N. LeTellier
LMS
268-2871**
601 636-1311
636-1311
COL Marvin W. Rees
LMK
X-401
636-5962**
57100 X-8305 or
56018 37663
COL R. L. Kackley, Jr.
MDD
X-8306
Telephone: Call Switchboard HQ 8th Logistical Command (Camp Darby), Liborno (Leghorn), Italy.
Military Circuit - Place call through Heidelberg, Germany - Ask for Camp Darby Military
Civil Circuit - Civil number Livorno (Leghorn), Italy 93001 (Camp Darby Switchboard)
U. S. Army Liaison Detachment
26 Federal Plaza
New York, N. Y. 10007
U. S. Army Engr Dist, SAUDI ARABIA
APO (Riyadh, Saudi Arabia)
New York, 09038
U. S. ARMY ENGR DIV, MISSOURI RIVER
Mail Address
P. O. Box 103 Downtown Station
Omaha, Nebraska 68101
Office Location:
USPO & Courthouse
215 North 17th St.
Omaha, Nebraska
U. S. Army Engr Dist, KANSAS CITY
700 Federal Bldg.
601 E. 12th St.
Kansas City, Mo. 64106
212 264-0215
769-0879
LT Robert J. Danylo
MDR
264-3311**
Muraba 270
COL Robert W. Reisacher
MDS
402 221-3001
453-0202
BG J. W. Morris
MRD
221-1221**
816 374-3201
913 649-6086
COL Reuben L. Anderson, Jr.
MRK
374-3896**
3
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2&5 0800-1630 CDT
2&5 0800-1645 CDT
2&5 0800-1700 CDT
3 0800-1700 CMT
3 08301700 EDT
0730-1630
Sat - Wed
GMT + 3
1&4 0800-1630 CDT
2&4 0745-1630 CDT
?
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ORGANIZATION
AREA CODE &
TELEPHONE NUMBER
DUTY HOURS NON DUTY HOURS
OFFICER IN CHARGE
SYMBOLS
NOTES
OFFICE HOURS
U. S. Army Engr Dist, OMAHA
402 221-3900
453-0202
MRO
1&4
0745-1630 CDT
7410 USPO & Courthouse
221-1221**
215 North 17th St.
Omaha, Nebraska 68102
U. S. ARMY ENGR DIV, NEW ENGLAND
617 894-2400
894-2404
COL Frank P. Bane
' NED
2&5
0800-1630 EDT
424 Trapelo Road
X-220
Waltham, Mass. 02154
894-2400**
U. S. ARMY ENGR DIV, NORTH ATLANTIC
212 264-7101
825-1484
MG Charles M. Duke
NAD
1&4
0830-1700 EDT
90 Church St.
New York, N.Y. 10007
U. S. Army Engr Dist, BALTIMORE
301 962-4545
677-5702
COL William J. Love
NAB
1&4
0815-1645 EDT
Mail Address:
962-2020
P. O. Box 1715
Baltimore, Md. 21203
Office Location:
31 Hopkins Plaza
Baltimore, Md.
BALTIMORE HARBOR, Supervisor of
301 962-4545
677-5702
COL L. H. Prentiss
NABDE
0800-1645 EDT
P. O. Box 1715
962-3311**
'Baltimore, Md. 21203
U. S. Army Engr Dist, NEW YORK
212 264-0100
264-3311
COL James W. Barnett
NAN
1&4
0815-1700 EDT
26 Federal Plaza
264-3311**
New York, N.Y. 10007
NEW YORK HARBOR, Supervisor of
212 264-0100
212 825,4641
COL James W. Barnett
NAO
2&5
0800-1630 EDT
26 Federal Plaza
264-3311**
New York, N. Y. 10003
U. S. Army Engr Dist, NORFOLK
703 625-8201
625-8201
COL James H. Tormey
NAO
2&5
0800-1630 EDT
803 Front St.
X-231
X-306
Norfolk, Va. 23510
625-8201**
.
X-238
NORFOLK HARBOR, Supervisor of
703 625-8201
722-4607
COL James H. Tormey
NAO
0800-1630 EDT
803 Front St.
Norfolk, Va. 23510
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U. S. Army Engr Dist, PHILADELPHIA 215 597-4849 649-5702 COL Carroll D. Strider NAP 2&5 0800-1645 EDT
U.S. Custom House 597-4701**
2nd ,& Chestnut St.
Philadelphia, Pa. 19106
U. S. ARMY ENGR DIV, NORTH CENTRAL 312 353-6310 646-2183 BG Ernest Graves NCD 1&5 0800-1630 CDT
536S. Clark St.
Chicago, Ill. 60605
U. S., Army Engr Dist, BUFFALO 716 876-5454 876-5454 COL Ray S. Hansen NCB 1 0800-1630 EDT
1776 Niagara St. X-12 X-13
Buffalo, N.Y. 14207
U. S. Army Engr Dist. CHICAGO 312 353-6400 646-2183 COL William G. Stewart NCC 1 0815-1645 CDT
219 S. Dearborn St. 353-6405**
Chicago, Ill. 60604
U. S. Army Engr Dist, DETROIT 313 226-6762 568-2840 COL Myron D. Smoke NCE 2 0800-1630 EDT
Mail Address: 226-6000**
P.O. Box 1027
Detroit, Mich. 48231
Office Location:
150 Michigan Ave.
? Detroit, Mich.
U. S. Army Engr Dist, ROCK ISLAND 309 788-6361 COL James E. Bunch NCR 2&5 0800-1700 CDT
Clock Tower Bldg. X-224
Rock Island, Ill. 61201
U. S. Army Engr Dist, ST. PAUL 612 725-7501 COL Charles I. McGinnis NCS 2 0745-1630 CDT
1210 U.S. PO & Costom House 725-7506**
St. Paul, Minn. 55101
U. S. ARMY ENGR DIV, NORTH PACIFIC 503 226-3361 226-7389 BG Roy S. Kelley NPD 1&4 0800-1645 PDT
Rn 210, Custom House X-2500
Portland, Ore. 97209 226-3361**
U. S. Army Engr Dist, ALASKA 907 752-9114 or COL Amos C. Mathews NPA 1&4 0730-1615 ADT
P.O. Box 7002 279-1132
Anchorage, Alaska 99501 752-9114**
U. S. Army Engr Dist, PORTLAND 503 777-4441 771-3181 COL Paul D. Triem NPP 2&5 0745-1615 PDT
Mail Address: X-200
P.O. Box 2946 771-4441**
Portland, Ore. 97208
Office Location:
2850 S.E. 82nd Ave.
Portland, Ore.
5
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ORGANIZATION
Approved For Release 2003/04/29 : CIA-RDP84-00780R003800160011-4
AREA CODE &
TELEPHONE NUMBER
DUTY HOURS NON DUTY HOURS OFFICER IN CHARGE SYMBOLS NOTES OFFICE HOURS
U. S. Army Engr Dist, SEATTLE 206 682-2700
1519 Alaskan Way South X-300
Seattle, Wash. 98134 682-2700**
U. S. Army Engr Dist, WALLA WALLA 509 525-5500
Bldg. 602, City-County Airport X-100
Walla Walla, Wash. 99362 525-5500**
U. S. ARMY ENGR DIV, OHIO RIVER. 513 684-3002
Mail Address: 684-3001**
P.O. Box 1159
Cincinnati, Ohio 45201
Office Location:
550 Main St.
Cincinnati, Ohio
U. S. Army Engr Dist, HUNTINGTON 304 529-2318
Mail Address: X-253
P. O. Box 2127 529-2318**
Huntington, W. Va. 25721
Office Location:
502 8th St.
Huntington, W. Va.
U. S. Army Engr Dist, LOUISVILLE
Mail Address:
P. O. Box 59
Louisville, Ky. 40201
Office Location:
600 Federal Place
Louisville, Ky.
U. S. Army Engr Dist, NASHVILLE
Mail Address:
P.O. Box. 1070
Nashville, Tenn. 37202
Office Location:
306 Federal Office Bldg.
Nashville, Tenn.
U. S. Army Engr Dist, PITTSBURGH
Federal Bldg.
t 1000 Liberty Ave.
Pittsburgh, Pa. 15222
?
502 582-5601
582-5011**
682-2700 COL Howard L. Sargeant, Jr. NPS 2&4 0800-1630 PDT
525-5511 COL Richard M. Connell NPW 2&5 0730-1615 PDT
MG W. L. Starnes ORD 2&5 0800-1630 EDT
525-8332 COL Maurice D. Roush ORB 2 0800-1645 EDT
502 774-3514 COL John T. Rhett, Jr. ORL 2 0800-1645 EDT
615 749-6526 356-0476 COL John C. Bell ORN 2&5 0730-1615 CDT
749-5651**
412 644-6800
644-6802**
COL E. C. West ORP 2&5 0730-1600 EDT
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U. S. ARMY ENGR DIV, PACIFIC OCEAN
*
Bldg. 96
Ft t Armstrong
Honolulu, Hawaii 96813
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Pacific Ocean Division, MID-PACIFIC
Bldg. 96
Ft. Armstrong
Honolulu, Hawaii 96813
Pacific Ocean Division, WEST PACIFIC
APO
San Francisco, Ca., 96331
Korea Office (Far East District)
APO
San Francisco, Ca., 96301
U. S. ARMY ENGR DIV, SOUTH ATLANTIC
510 Title Bldg.
30 Pryor St., S. W.
Atlanta, Ga. 30303
U. S. Army Engr Dist, CANAVERAL
Mail Address:
P.O. Box 21065
Kennedy Space Cntr, Fla. 32815
Office Location:
Bldg. K6-1146
Kennedy Space Cntr, Fla.
U. S. Army Engr Dist, CHARLESTON
Mail Address:
P.O. Box 919
Charleston, S. C. 29402
Office Location:
Federal Bldg.
334 Meeting St.
Charleston, S. C.
U. S. Army Engr Dist, JACKSONVILLE
Mail Address:
P.O. Box 4970
Jacksonville, Fla. 32201
Office Location:
Federal Bldg.
400 West Bay St.
Jacksonville, Fla.
808 543-2615
422-2711**
808 543-2711
422-2711**
51246
2917-300
2917-360
(Seoul, Korea)
404 526-6711
526-0111**
305 867-2003
803 577-4171
X-229
577-4171**
904 791-2241
791-2011**
808 543-2093
808 422-9381
55206
293-4182
577-3039
285-6781
COL George B. Fink
COL Roy A. Sanders
COL Franklin R. Day
COL Wesley Peel
MG Richard H. Free
LTC Vito D. Stipo
COL Burke W. Lee
COL Avery S. Fullerton
POD
PODMP
PODWP
PODWP-K
SAD
SAC
SAN
SAJ
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164
0730-1600 EDT
164
0730-1600 HDT
366
0745-1630
3
0800-1700 EDT
164
0745-1630 EDT
3
0745-1630 EDT
2
0800-1630 EDT
264 0745-1630 EDT
Approved For ReleaVS#2803/04/29 : CIA-RDP84-00780R003800160011-4
TELEPHONE NUMBER
ORGANIZATION
DUTY HOURS
NON DUTY HOURS
OFFICER IN CHARGE
SYMBOLS
NOTES
OFFICE HOURS
U. S. Army Engr Dist, MOBILE
205 473-0311
473-7362
COL Harry A. Griffith
SAM
1&4
0800-1630 CDT
Mail Address:
X-411
P.O. Box 2288
473-0311**
Mobile, Ala. 36601
Office Location:
2301 Airport Blvd.
Mobile, Ala.
U. S. Army Engr Dist, SAVANNAH
912 233-8822
233-8825
COL Howard L. Strohecker
SAS
1&4
0800-1645 EDT
Mail Address:
X-226
P.O. Box 889
233-8822**
Savannah, Ga. 31402
Office Location: .
200 E. Saint Julian St.
Savannah, GA.
U. S. Army Engr Dist, WILMINGTON
919 763-9971
762-7035
COL Paul S. Denison
SAW
2
0800-1645 EDT
Mail Address:
X-466
P.O. Box 1890
763-9971**
Wilmington, N. C. 28401
Office Location:
308 Federal Bldg.
U.S. Courthouse
Wilmington, N. C.
U. S. ARMY ENGR DIV, SOUTH PACIFIC
415 556-0914
556-0914
BG Frank A. Cairns
SPD
1.E.4
0745-1615 PDT
Mail Address:
630 Sansome St., Rn 1216
San Francisco, Calif. 94111
U. S. Army Engr Dist, LOS ANGELES
213 688-5300
688-5522
COL Robert J. Malley
SPL
1&4
0730-1600 PDT
Mail Address:
688-5522**
P.O. Box 2711
Los Angeles, Calif. 90053
Office Location:
300 North Los Angeles St.
Los Angeles, Calif.
U. S. Army Engr Dist, SACRAMENTO
916 449-2232
452-1535
COL James C. Donovan
SPK
16.4
0745-1630 PDT
650 Capitol Mall
449-2000**
Sacramento, Calif. 95814
8
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U. S. Army Engr Dist, SAN FRANCISCO 415 556-3660 556-3660
100 McAllister St. 556-0985**
San Francisco, Calif. 94102
, U. S. ARMY ENGR DIV, SOUTHWESTERN
1114 Commerce St.
Dallas, Texas 75202
U. S. Army Engr Dist, ALBUQUERQUE
Mail Address:
P. O. Box 1580
Albuquerque, N. M. 87103
Office Location:
517 Gold Ave., S. W.
Albuquerque, N. M.
U. S. Army Engr Dist, FORT WORTH
Mail Address:
P. O. Box 17300
Ft. Worth, Texas 76102
Office Location:
819 Taylor St.
Ft. Worth, Texas
U. S. Army Engr Dist, GALVESTON
Mail Address:
P. O. Box 1229
Galveston, Texas 77550
Office Location:
, 606 Santa Fe Bldg.
Galveston, Texas
U. S. Army Engr Dist, LITTLE ROCK
Mail Address:
P. O. Box 867
Little Rock, Ark. 72203
Office Location:
700 W. Capitol
Little Rock, Ark.
214 749-3336
748-5611**
505 843-2732 266-5003
843-0311
817 334-2300
223-2150
713 763-1211
X-301
501 372-4361
X-5531
372-4361**
763-8241
?
COL Charles R. Roberts
SPN
2
0800-1630 PDT
BG Harold R. Parfitt
SWD
1&4
0745-1630 CDT
COL Richard L. West
SWA
2&4
0730-1600 MDT
COL R. S. Kristoferson
SWF
1&4
0800-1645 CDT
COL Nolan C. Rhodes
SWG
2&5
0745-1645 CDT
COL William C. Burns
SWL
2&5
0800-160 CDT
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U. S. Army Engr Dist, TULSA
Mail Address:
P.O. Box 61
Tulsa, Okla. 74102
Office Location:
224 South Boulder
Tulsa, Okla.
USA COASTAL ENGINEERING RESEARCH BOARD
5201 Little Falls Rd., N. W.
Washington, D. C. 20016
MEMBERS:
MG F. P. Koisch- President
MG Richard H. Free
MG Charles M. Duke
Dr. Robert G. Dean
Dean Morrough P. O'Brien
Dr. Arthur T. Ippen
BG William W. Watkin
CALIFORNIA DEBRIS COMMISSION
650 Capitol Mall
Sacramento, Calif. 95814
MISSISSIPPI RIVER COMMISSION
Mail Address: (President)
P.O. Box 80
Vicksburg, Miss. 39180
Office Location:
Mississippi River Comm. Bldg.
Vicksburg, Miss.
MEMBERS:
MG A. P. Rollins, Jr. - President
MG Willard Roper
BG Harold R. Parfitt
COL Ferd Anderson - Secretary
Rear Adm Don A. Jones
Mr. Roy T. Sessums
Mr. H. T. Council
Dr.. F. H. Kellogg
918 584-7151
X-7311
584-7151**
COL Vernon W. Pinkey
BOARDS AND COMMISSIONS
301 986-0581
356-6105 LTC Edward M. Willis
Exec Sec
916 449-2232 452-1535
449-2000**
601 636-1311
SWT 2 0745-1630 CDT
CERB 0800-1630 EDT
BG Frank A. Camm SPKCD
Chairman
MG A. P. Rollins, Jr. ENGMR
10
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0800-1645
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ORGANIZATION
RIVERS AND HARBORS BOARD OF ENGINEERS
Temp C
2nd & Q Sts.,, S.. W.
Washington, D. C. 20315
MEMBERS:
MG Willard Roper, Chairman
MG Richard H. Free
MG Charles M. Duke
MG A. P. Rollins, Jr.
BG Harold R. Parfitt
BG Roy S. Kelley
COL Alvin D. Wilder
AREA CODE &
TELEPHONE NUMBER
DUTY HOURS NON DUTY HOURS
202 693-0626
OFFICER IN CHARGE SYMBOLS NOTES OFFICE HOURS
COL A. D. Wilder ENGBR
693-0623** Res. Mem.
SEPARATE ACTIVITIES
0745-1615 EDT
U. S. ARMY TOPOGRAPHIC COMMAND
301 229-6500
986-2500
BG Edwin T. O'Donnell
TPC
0745-1615 EDT
_6500 Brooks Lane
Washington, D. C. 20315
U. S. ARMY ENGR TOPOGRAPHIC
703 664-1135
664-6356
COL John R. Oswalt, Jr.
TPCTL
0730-1615 EDT
LABORATORIES
Ft. Belvoir, Va. 22060
U. S. ARMY ENGR REACTORS GROUP
703 664-5221
971-4073
COL Harvey L. Arnold, Jr.
ERG
0730-1615 EDT
Ft. Belvoir, Va. 22060
Director
U. S. ARMY ENGR WATERWAYS EXPER STA
601 636-3111
636-3111
COL Ernest D. Peixotto
WES
0745-1630 CDT
Mail Address:
X-2513
Director
P.O. Box 631
636-3111**
Vicksburg, Miss. 39180
Office Location:
Halls Ferry Rd.
Vicksburg, Miss.
U. S. ARMY ENGR NUCLEAR CRATERING GROUP
415 447-1100
443-5285
LTC Robert L. LaFrenz
NCG
0730-1615 PDT
Lawrence Radiation Laboratory
X-7651
P.O. Box 808
447-1100**
Livermore, Calif. 94550
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U. S. ARMY COASTAL ENGR RESEARCHNOWed3ko?fgetjease 200 46q4Ap_ ,c1A-Ro P ?,OcCIQUARic o 60011-16RC
5201 Little Falls Rd., N. W. X-0581
Washington, D. C. 20016
U. S. ARMY ENGR INSTITUTE FOR WATER
RESOURCES
Mail Address:
206 N. Washington St.
Alexandria, Va. 22314
U. S. ARMY COLD REGIONS RESEARCH ENGR
LABORATORY
Mail Address:
P.O. Box 282
Hanover, New Hampshire 03755
Office Location:
Lyme Road
Hanover, N. H.
U. S. ARMY CONST ENGINEERING RESEARCH
RESEARCH LABORATORY
Mail Address:
P.O. Box 4005
Champaign, Ill. 61820
Office Location:
Interstate Research Park
Newmark Drive
Champaign, Ill.
NOTES:
1. Performs
2. Performs
3. Performs
4. Performs
5. Performs
6. Performs
11111 -6- ',... '1.?
202 697-2141
697-7530**
603 643-3200
x-200
217 352-6511
X-440
352-6511**
Military and Civil Works construction.
Civil Works construction.
Military construction.
Military and Civil Works Real Estate activities.
Civil Works Real Estate only.
Military Real Estate Functions.
643-3200
12,
COL R. T. Batson
Deputy Director
LTC Joseph F. Castro
Commander/Director
COL Edwin S. Townsley
Director
IWR
CRREL
CERL
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0800-1630 EDT
0800-1630 EDT
0800-1645 CDT
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DD/S 71.-3174
Major General F. P. Koisch
Director of Civil Works
Ifice of the Chief of Enghmers
Dep.:stew* of the Army
Washington, D. C. 20314
Dear General Koisch:
Mr. Helms has re/erred your letter of July 23, 1971, (ENGCW-ON)
to me for action.
We are currently surveying the sewage treatment and discharge
systems at our various installations. Where action is required in order
to comply with the Refuse Act Permit Program, we will contact the appro-
Prime* District or Division Offices of the Corps of Engineers.
01./E0
Rewritten:t 0 - OD /$ :CND:es
Distribution:
Atig - Adse
1 - ER w/basic (DD/S
2,1-----7DD/S subject
1 - DD/S chrono
1 - OL/RECD Official
Sincerely,
Robot S. Wattles
Assistant Deputy Director
for Support
(9 Aug 71)
(11 Aug 71)
71-3055)
via D/Log
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Approved For Release 2003/04/29 : CIA-RDP
IN MEM, REFER TO
ENGCW-ON
DEPARTMENT OF THE ARMY
OFFICE OF THE CHIEF OF ENGINEERS
WASHINGTON, D.C. 20914
Honorable Richard Helms
Director, Central Intelligence Agency
Washington, D. C. 20505
Dear Mr. Helms:
I
reautive Registry
4/t0g/
23 July 1971
President Nixon, through Executive Order 11574, implemented the Refuse
Act Permit Program. The purpose of the program is to enhance the
ability of the Federal Government to enforce water quality standards
and to provide a major strengthening of our efforts to clean up our
nation's waters. Discharges that are composed entirely of sanitary
wastes, or of storm water, or of combinations of the two, or which
flow into municipal or private waste treatment systems (the discharge
from the private system must be permitted), or which come from ships
are excluded from the Refuse Act Permit program. All other discharges
into navigable waters and their tributaries require a permit from the
Secretary of the Army through the Army Corps of Engineers. Federal
facilities are expected to comply with these requirements.
The President in Executive Order 11507, said that "the Federal Govern-
ment, in the design, operation, and maintenance of its facilities,
shall provide leadership in the nationwide effort to protect and enhance
the quality of our air and water resources." The Refuse Act Permit
Program will help assure that Federal agencies exercise such leadership.
The deadline for filing applications for Refuse Act Permits for existing
discharges was 1 July 1971. For new discharges, applications are to be
filed not less than 120 days before the date the discharge is to begin.
As of 9 July 1971 approximately 200 applications had been received from
Federal agencies. Recognizing that many discharges from Federal instal-
lations and activities may be exempt from the program under the provisions
described above, we consider that it is very likely that some required
applications have not yet been filed. We are, therefore, writing to all
"Federal agencies who might have a facility to which this permit program
may apply to remind them of the requirement for filing applications.
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ENGCW-ON 23 July 1971
Honorable Richard Helms
Application forms are available from District and Division Offices of the
Corps of Engineers. The completed forms should be signed by an official
who is authorized to evaluate environmental factors on an agency-wide
basis. While the Corps is directly responsible for issuing Refuse Act
Permits, the Environmental Protection Agency will review applications for
compliance with water quality standards, and recommend issuance or denial
accordingly. Note that Federal activities are not required to obtain the
State certification required of other facilities.
Inclosed for your convenience is an information package which includes a
copy of the Corps regulations for the Permit Program and a list of the
Corps of Engineers offices administering the program.
We would appreciate, your cooperation and will be happy to provide you with
any assistance you may require.
1 Incl
As Stated
2
Sincerely yours,
F. P. KOISCH
Major General, USA
Director of Civil Works
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