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Solid Waste Agency of Northern Cook County (SWANCC) v. U.S. Army Corps of Engineers, 531 U.S. 159 (2001), was a decision by the US Supreme Court that interpreted a provision of the Clean Water Act. Section 404 [1] of the Act requires permits for the discharge of dredged or fill materials into "navigable waters," which is defined by the Act as ...
After passage of the CWA in 1972, a controversy arose as to the application of section 404 to agriculture and certain other activities. The Act was interpreted by some to place restrictions on virtually all placement of dredged materials in wetlands and other waters of the United States, raising concern that the federal government was about to ...
The company applied for this latter permit and received authorization from the Corps to dump the tailings into Lower Slate Lake. The Southeast Alaska Conservation Council contended that disposal of the tailings is explicitly banned by section 306(e) of the Clean Water Act, and would therefore make Coeur Alaska ineligible for a NPDES permit.
The 1977 CWA used the term in describing the areawide waste treatment planning program [2] and in procedures for controlling toxic pollutants associated with industrial discharges. [3] The "Section 404" program, which covers dredge and fill permits, refers to BMPs in one of the enforcement exemptions. [4]
The plan is to be implemented in conjunction with the states NPS water pollution plan under section 319 of the CWA [43] and through changes in the overall coastal zone management program. [44] If a state does not submit an approved program, the state may lose a percentage of the grant money provided under the CZMA and under section 319 of the ...
This began with the Clean Water Act (CWA) in 1972. [30] Under Section 404 of the CWA, a permit from the US Army Corps of Engineers is required to conduct certain activities that may impact wetlands. The developer must submit a Public Notice to their respective district of the US Army Corps of Engineers (USACE) requesting to carry out a project ...
One of the major responsibilities of the Corps of Engineers is administering the wetlands permitting program under Section 404 of the Federal Water Pollution Control Act of 1972. (also known as "The Clean Water Act"). This Act authorized the Secretary of the Army to issue permits for the discharge of dredged and fill material.
Determining which wetlands are regulated under section 404 of the Clean Water Act [6] or Section 10 of the Rivers and Harbors Act is termed "jurisdictional determination". Determining the boundary of wetland, whether jurisdictional under sections 404 or 10, or not jurisdictional but still meeting the technical definition of a wetland, that is ...