MIL-HDBK-1003/7
Harbor lines. Section 11 of RHA authorizes the Secretary of the Army to
18.4.2
establish harbor lines channel-ward of which no pier, wharves, bulk heads, or other
works may be extended or deposits made without approval of the Secretary of the Army.
Discharge of Refuse. Section 13 of the RHA provides that the Secretary of the
18.4.3
Army, whenever the Chief of Engineers determines that anchorage and navigation will not
be injured, may permit the discharge of refuse into navigable waters. In the absence of
a permit, the discharge of refuse is prohibited. While the statutory prohibition of
this section is still in effect, the Secretary of the Army has waived its Section 13
permit authority in view of the permit authority provided the EPA Administrator under
Sections 402 and 404 of the CWA.
Regulatory Program. The Corps has consolidated its civil regulatory functions
18.4.4
into one regulatory program so that one permit will constitute the authorization
required by all the various statutes administered by the Corps.
General categories of activities that are covered by the Corps' Regulatory
Program are as follows.
a)
Dams or dikes in navigable waters of the United States.
b) Other structures of work including excavation, dredging, and/ or
disposal activities.
c) Activities that alter or modify the course, condition, location, or
capacity of a navigable water.
d) Construction of artificial islands, installations, and other devices on
the outer continental shelf.
e)
Discharges of dredged or fill material into waters of the United States.
f) Activities involving the transportation of dredged material for the
purpose of disposal in ocean waters.
The authorization required for activities subject to the Corps' regulatory
program can be either a general or individual permit. The Corps of Engineers is
authorized to issue general permits on a state, regional, or nationwide basis for a
category of activities which are essentially similar in nature, and will cause only
minimal adverse environmental effects when performed separately, and will have only
minimal cumulative adverse effects on the environment. General permits can be issued on
either a nationwide or regional basis. Since a general permit is "automatically" issued
upon compliance with certain conditions, a permit application is not necessary to obtain
a general permit. However, Division Engineers can override general permits and require
the activity to be authorized by an individual permit. Individual permits are issued
following a case-by-case review of the project and a determination that the proposed
activity is in the public interest.
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