Restriction of Disposal Sites under CWA Section 404(c)
This page provides updates and background information regarding EPA actions taken pursuant to Section 404(c) of the Clean Water Act. The objective of the CWA is to restore and maintain the chemical, physical, and biological integrity of the nation’s waters. Section 404(c) of the CWA authorizes EPA to (1) prohibit or withdraw the specification of any defined area as a disposal site, and (2) deny, restrict, or withdraw the use of any defined area for specification as a disposal site, whenever it determines, after notice and opportunity for public hearings, that the discharge of dredged or fill material into the area will have an unacceptable adverse effect on municipal water supplies, shellfish beds and fishery areas (including spawning and breeding areas), wildlife, or recreational areas. EPA has used its CWA Section 404(c) authority judiciously, having completed only 14 CWA Section 404(c) actions in the 50-year history of the CWA.