---
kind: "section"
citation: "33 C.F.R. § 245.40"
title: "33"
number: "245.40"
heading: "Removal by responsible party."
url: "https://uscodex.org/cfr/33/245.40"
---

# §245.40. Removal by responsible party.

- (a) **Corps monitoring.** If the owner, lessee or operator agrees to remove a hazard to navigation, the District Engineer should ascertain that:
  - (1) Marking is accomplished promptly and is maintained,
  - (2) The plan for removal and disposal is reasonable and acceptable to the District Engineer,
  - (3) Removal operations do not unreasonably interfere with navigation,
  - (4) All conditions of the Corps of Engineers permit are met, and
  - (5) **Removal operations are pursued diligently.**
- (b) **Deficiencies.** If the removal actions are not proceeding satisfactorily, the District Engineer will notify the responsible party of the deficiencies and provide a reasonable time for correction. If not corrected promptly, the District Engineer may declare the wreck “abandoned” and proceed with actions toward Corps removal.

## Notes

### Authority

Authority: 5 U.S.C. 301; 33 U.S.C. 1, 409, 411-415; 10 U.S.C. 3012.

### Source

Source: 53 FR 27513, July 21, 1988, unless otherwise noted.