Army Corps of Engineers, EPA finalize definition of fill material May 29, 2002 Pit & Quarry The U.S. Army Corps of Engineers and the Environmental Protection Agency (EPA) issued a final rule in the Federal Register (Vol. 67, No. 90) that jointly amends the respective regulations of each organization so that both agencies will have identical definitions of “fill material” and “discharge of fill material.”The final rule defines “fill material” in both the Corps’ and EPA’s regulations as, “material placed in waters of the U.S. where the material has the effect of either replacing any portion of a water of the U.S. with dry land or changing the bottom elevation of any portion of water.”Examples of fill material include rock, sand, soil, clay, plastics, construction debris, wood chips and overburden from mining or other excavation activities. Placement of overburden, slurry, tailings or similar mining-related materials is now regulated as a “discharge of fill material” under Section 404 of the Clean Water Act.
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