Purpose:
a. This regulation establishes the policy for the management of environmental compliance-related operations and maintenance (O&M) activities for the U.S. Army Corps of Engineers (USACE).
b. The United States Army Corps of Engineers (USACE) shall fully comply with all applicable Federal, State, and local environmental laws and regulations, Executive Orders (EOs) and policies. This ER affirms the USACE commitment to environmental compliance (EC) and establishes additional environmental protection policies and practices pertaining to operation and maintenance (O&M) activities at Civil Works projects, facilities (including outgrants), and USACE owned facilities as appropriate. USACE fully recognizes the importance of environmental protection and strives to comply with environmental laws and regulations, and to achieve sustainable operations by incorporating the prevention of pollution and other sound environmental management practices in all environmentally significant mission activities, products, and services.
c. USACE is committed to achieve, maintain, and continually improve environmental compliance performance in all Civil Works business lines including Navigation; Flood and Coastal Storm Damage Reduction; Environment (including Protection and Restoration and Stewardship); Regulatory; Hydropower; Recreation; Water Supply; and Emergency Management.
d. USACE Real Estate shall execute acquisition, outgrant and disposal transactions at Civil Works projects in compliance with applicable Federal, state, and local environmental laws and regulations, including performance of environmental due diligence. This regulation establishes USACE requirements for compliance with CERCLA in the acquisition, outgrant and disposal of real property in support of O&M activities at Civil Works projects and facilities.
e. 33 CFR Parts 335-338 are incorporated by reference into this ER as the source for practices and procedures to be followed by the Corps of Engineers to ensure compliance with the specific statutes governing Army Civil Works operations and maintenance projects involving the discharge of dredged or fill material into waters of the U.S. or the transportation of dredged material for the purpose of disposal into ocean waters.
f. USACE Environmental Operating Principles (EOPs), as specified in ER 200-1-5, are incorporated by reference into this ER. The EOPs shall be incorporated in all environmentally significant USACE business.
g. USACE shall ensure that this policy is communicated to, and implemented by, all affected staff, contractors and grantees, and that all relevant activities are overseen by qualified USACE personnel at all USACE facilities, projects, and associated lands and waters. This policy will be implemented at outgranted facilities and in all contract actions for work on the water resources projects to the extent provided by law, regulation, and executive order.
h. All contracts and contract modifications shall specify that contractors and grantees are required to comply fully with applicable Federal, state, and local environmental laws and regulations, Executive Orders, DoD and Army, regulations, policies, and guidance and that contractors and grantees are responsible for any enforcement actions, fines, penalties, and cleanup costs, to the extent provided for by law and policy, resulting from their failure to comply with applicable environmental requirements.
i. ER 1110-2-8154, Water Quality and Environmental Management for Corps Civil Works Projects is incorporated by reference into this ER as the source for practices and procedures to be followed by the Corps of Engineers to ensure compliance with the specific statutes governing Army Civil Works operations and maintenance. Water quality management shall be achieved via the management of water resources by the Corps of Engineers to improve, restore, conserve, and protect the physical, chemical and biological quality of the water for natural and human use.
