---
kind: "section"
citation: "40 C.F.R. § 227.17"
title: "40"
number: "227.17"
heading: "Basis for determination."
url: "https://uscodex.org/cfr/40/227.17"
---

# §227.17. Basis for determination.

- (a) The impact of dumping on esthetic, recreational and economic values will be evaluated on an individual basis using the following considerations:
  - (1) Potential for affecting recreational use and values of ocean waters, inshore waters, beaches, or shorelines;
  - (2) **Potential for affecting the recreational and commercial values of living marine resources.**
- (b) For all proposed dumping, full consideration will be given to such nonquantifiable aspects of esthetic, recreational and economic impact as:
  - (1) Responsible public concern for the consequences of the proposed dumping;
  - (2) Consequences of not authorizing the dumping including without limitation, the impact on esthetic, recreational and economic values with respect to the municipalities and industries involved.

## Notes

### Authority

Authority: 33 U.S.C. 1412 and 1418.

### Source

Source: 42 FR 2476, Jan. 11, 1977, unless otherwise noted.