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<br />Permits for Dredged or Fill Material <br /> <br />See~-4e4~-f~T-~he-Seere~~ry-m~y-i~~~e-permi~~7-af~er-ne~~ee <br />and-ep~er~~ni~y-for-p~biie-he~rin9~-fer-~he-d~~eharge-ef-dreegea <br />or-f~ii-me~eriai-~n~o-~he-navi9abie-w~~er5-a~-e~ee~fiea-dispesai <br />~i~es7--No~-ia~er-~han-~he-fif~een~h-day-af~er-~he-aa~e-an-a~pii- <br />ean~-sHbmies-aii-ehe-informa~ien-re~ired-ee-eem~ie~e-an-a~~iiea- <br />~ien-fer-a-permi~-Hnaer-ehis-sHbsee~ion7-ehe-Seereeary-ehaii <br />~Hbiish-~e-fteeiee-re~Hirea-by-ehis-sHbseeeieft7 <br /> <br />(a) (1) The Secretary shall issue a permit to an aoolicant, <br />after notice and oooortunitv for a oublic hearing, for the discharq~ <br />of dredged or fill material into the navigable waters at a disposal <br />site or sites specified by the applicant, unless the Secretary <br />determines that such disposal site or sites cannot be soecified <br />through the application of the guidelines or other considerations <br />in accordance with subsection (b). Not later than G,e fifteenth <br />day after the date an applicant submits all ~he information requirec <br />to complete an application for a permit under this subsection, <br />the Secretary shall publish the notise re~J;.,e~ bv this subsection. <br /> <br />(2) For purposes of this section, the term "navigable waters" <br />means all waters which are used, 8r ~~~ susceptible to use in <br />their natural condition or by reasonable imorovement, as a means <br />to transport interstate or foreign commerce shoreward to their <br />ordinary high water mark, including all waters which are subject <br />to the ebb and flow of the tide shoreward to their mean high water <br />mark. <br /> <br />(3) Notwithstanding any other provision of law, except as <br />provided in subsection (g), the discharge of dredged or fill <br />material in waters other than navioable waters is not prohibited <br />by or otherwise subject to regulation under this Act, or section 9, <br />10, or 13 of the Act of March 3, 1899 (33 U.S.C. 401, 403, or 40i) , <br />or any other Act of Congress. <br /> <br />(b) Subject to subsection (c) of this section, each such <br />disposal site shall be specified for each such permit by-ehe <br />Seereeary (1) through the application of guidelines developed <br />by the Administrator, in conjunction with the Secretary, which <br />guidelines shall be based upon criteria comparable to the criteria <br />applicable to the territorial seas, the contiguous zone, and the <br />ocean under section 403(c), and (2) in any case where such guide- <br />lines under. clause (1) alone would prohibit the specification of <br />a site, through the application additionally of the economic impact <br />of the site on navigation and anchorage. <br /> <br />(c) The Administrator is authorized to prohibit the specifi- <br />cation (including the withdrawal of specification) of any defined <br />area as a disposal site, and he is authorized to deny or restrict <br />the use of any defined area for specification (including the with- <br />drawal of specification) as a disposal site, whenever he determines, <br />