Dredged Material Disposal Interfacing Requirements of the Clean Water Act of 1977 with Those of the Resource Conservation and Recovery Act,
CORPS OF ENGINEERS ST PAUL MN ST PAUL DISTRICT
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The problem of hazardous waste spreading into the environment and ultimately endangering human health prompted the formulation of the Resource Conservation and Recovery Act of 1976, Public Law 94-580. The intent of this legislation was to identify hazardous wastes and provide management strategies that would protect the environment from widespread contamination and, ultimately, human adversities. A material cannot be classified as a hazardous waste unless it first is classified as solid waste. EPA defines solid waste as any garbage, refuse, sludge, or any other waste material that is not specifically excluded. RCRA does not apply to dredged material because Dredged material is not defined as a solid waste. Dredged material deposited into waters of the United States is regulated by the CWA. Several States are demanding RCRA testing and handling procedures for dredged material disposal USEPA has been silent in regulatory interpretation on this matter Congress did not clearly define this issue RCRA testing procedures are not appropriate for dredged material The regulation under RCRA of dredged material disposal would have a significant impact on operations The technology and testing procedures have already been developed for handling dredged materials under the CWAODA. Adequate health and environmental safeguards are currently in place to regulate dredged material disposal operations.