Previous Corps of Engineers' Definition (Adopted in 1977)

PERMITS FOR DISCHARGES OF DREDGED OR FILL MATERIAL INTO WATERS OF THE UNITED STATES
33 CFR 323.2 Definitions.

(e) The term fill material means any material used for the primary purpose of replacing an aquatic area with dry land or of changing the bottom elevation of [a] waterbody. The term does not include any pollutant discharged into the water primarily to dispose of waste, as that activity is regulated under section 402 of the Clean Water Act.

(Emphasis added.)

New Bush Administration Definition (Finalized May 3, 2002)

PERMITS FOR DISCHARGES OF DREDGED OR FILL MATERIAL INTO WATERS OF THE UNITED STATES
33 CFR 323.2 Definitions.

(e)(l) Except as specified in paragraph (e)(2) of this section, the term fill material means material placed in waters of the United States where the material has the effect of:

(i) Replacing any portion of a water of the United States with dry land; or

(ii) Changing the bottom elevation of any portion of a water of the United States. Examples of such fill material include, but are not limited to: rock, sand, soil, clay, plastics, construction debris, wood chips, overburden from mining or other excavation activities, and materials used to create any structure or infrastructure in the waters of the United States.

(2) The term fill material does not include trash, garbage, or similar materials.*

(*There is a discussion in the preamble to the new rule that states that in specific circumstances "certain types of material that might otherwise be considered as trash or garbage may be appropriate for use in a particular project to create a structure . . .in waters of the U.S. In such situations, this material would be regulated as fill material.")