No permit shall be issued by the Director in the following circumstances:
(a) When permit does not comply with the requirements of the Act or regulations thereunder, including the section 404(b)(1) Guidelines (part 230 of this chapter).
(b) When the Regional Administrator has objected to issuance of the permit under § 233.50 and the objection has not been resolved.
(c) When the proposed discharges would be in an area which has been prohibited, withdrawn, or denied as a disposal site by the Administrator under section 404(c) of the Act, or when the discharge would fail to comply with a restriction imposed thereunder.
(d) If the Secretary determines, after consultation with the Secretary of the Department in which the Coast Guard is operating, that anchorage and navigation of any of the navigable waters would be substantially impaired.
Notes of Decisions
Cited in
3
cases (
2 in the last 5 years), 1988–2024 · leading case:
Williams v. DEPT. OF HRS, 522 So. 2d 951 (Fla. 1st DCA 1988).
Ctr. for Biological Diversity v. Andrew Wheeler (D.D.C. 2024).
“§ 1344 (j); 40 C.F.R. § 233.20 (b); id. § 233.50(j) (“In the event that the Director neither satisfies [the] EPA’s objections or requirement for a permit condition nor denies the permit, the Secretary shall process the permit application.”
Ctr. for Biological Diversity v. Andrew Wheeler (D.D.C. 2024).
“79 § 1344(j); 40 C.F.R. § 233.20 (b); id. § 233.50(j) (“In the event that the Director neither satisfies [the] EPA’s objections or requirement for a permit condition nor denies the permit, the Secretary shall process the permit application.”
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