---
kind: "section"
citation: "40 C.F.R. § 233.22"
title: "40"
number: "233.22"
heading: "Emergency permits."
url: "https://uscodex.org/cfr/40/233.22"
---

# §233.22. Emergency permits.

- (a) Notwithstanding any other provision of this part, the Director may issue a temporary emergency permit for a discharge of dredged or fill material if unacceptable harm to life or severe loss of physical property is likely to occur before a permit could be issued or modified under procedures normally required.
- (b) Emergency permits shall incorporate, to the extent possible and not inconsistent with the emergency situation, all applicable requirements of [§ 233.23](/cfr/40/233.23.md).
  - (1) Any emergency permit shall be limited to the duration of time (typically no more than 90 days) required to complete the authorized emergency action.
  - (2) The emergency permit shall have a condition requiring appropriate restoration of the site.
- (c) The emergency permit may be terminated at any time without process ([§ 233.36](/cfr/40/233.36.md)) if the Director determines that termination is necessary to protect human health or the environment.
- (d) The Director shall consult in an expeditious manner, such as by telephone, with the Regional Administrator, the Corps, FWS, and NMFS about issuance of an emergency permit.
- (e) The emergency permit may be oral or written. If oral, it must be followed within 5 days by a written emergency permit. A copy of the written permit shall be sent to the Regional Administrator.
- (f) Notice of the emergency permit shall be published and public comments solicited in accordance with [§ 233.32](/cfr/40/233.32.md) as soon as possible but no later than 10 days after the issuance date.

## Notes

### Authority

Authority: 33 U.S.C. 1251 et seq.

### Source

Source: 53 FR 20776, June 1, 1988, unless otherwise noted.