(a) If a project receives funds from the coastal erosion response account (Account), material dredged in constructing and maintaining navigation inlets and channels of the state shall be placed on or used to benefit, eroding beach areas or to restore or create wetlands to mitigate erosion. The GLO, in consultation with a qualified project partner, shall evaluate the practicality and suitability of proposed beneficial use of dredged material in accordance with this section and shall consider relative cost of the material and the sediment composition.     
      (b) For the purposes of this subchapter, beneficial use of dredged material shall not be deemed practicable if the cost to the GLO and qualified project partner for placement of the material dredged in constructing and maintaining navigation inlets and channels of the State exceeds the cost of obtaining similar material suitable for placement on or used to benefit, eroding beach areas or to create wetlands from another source, including transportation costs. In the case of placement for wetland restoration, the cost of soil preparation and treatment may also be considered.     
      (c) In determining the suitability and practicality of dredged material for beach placement the GLO may refer to the guidance materials by the U.S. Army Corps of Engineers, relating to Engineering & Design, Beneficial Uses of Dredged Material, Coastal Engineering, and Beach Fill Design. Only beach-quality sand shall be considered for beach placement.     
      (d) In this section "beach-quality sand means sediment material that:      
        (1) has effective grain size, mineralogy, and quality that approximates the existing beach material in the placement area;       
        (2) is low in fine grain, silty, or clayey sediments; and       
        (3) contains no hazardous substances listed in the Code of Federal Regulations, Title 40, Part 261, Subpart D- List of Hazardous Wastes, in concentrations which are harmful to human health or the environment as determined by applicable, relevant, and appropriate requirements established by the local, state, and federal governments.       
      (e) In determining the suitability and practicality of placement of dredged material for wetland restoration, the GLO may refer to the guidance materials by the U.S. Army Corps of Engineers, relating to "Engineering & Design, Beneficial Uses of Dredged Material."     
      (f) This section applies only to an erosion response project that receives funds from the Account.     
     Source Note:        The provisions of this §15.44 adopted to be effective July 9, 2003, 28 TexReg 5196; amended to be effective September 11, 2005, 30 TexReg 5371; amended to be effective February 27, 2011, 36 TexReg 1158; amended to be effective June 12, 2019, 44 TexReg 2843