§ 1312. — Water quality related effluent limitations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1312]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III--STANDARDS AND ENFORCEMENT
Sec. 1312. Water quality related effluent limitations
(a) Establishment
Whenever, in the judgment of the Administrator or as identified
under section 1314(l) of this title, discharges of pollutants from a
point source or group of point sources, with the application of effluent
limitations required under section 1311(b)(2) of this title, would
interfere with the attainment or maintenance of that water quality in a
specific portion of the navigable waters which shall assure protection
of public health, public water supplies, agricultural and industrial
uses, and the protection and propagation of a balanced population of
shellfish, fish and wildlife, and allow recreational activities in and
on the water, effluent limitations (including alternative effluent
control strategies) for such point source or sources shall be
established which can reasonably be expected to contribute to the
attainment or maintenance of such water quality.
(b) Modifications of effluent limitations
(1) Notice and hearing
Prior to establishment of any effluent limitation pursuant to
subsection (a) of this section, the Administrator shall publish such
proposed limitation and within 90 days of such publication hold a
public hearing.
(2) Permits
(A) No reasonable relationship
The Administrator, with the concurrence of the State, may
issue a permit which modifies the effluent limitations required
by subsection (a) of this section for pollutants other than
toxic pollutants if the applicant demonstrates at such hearing
that (whether or not technology or other alternative control
strategies are available) there is no reasonable relationship
between the economic and social costs and the benefits to be
obtained (including attainment of the objective of this chapter)
from achieving such limitation.
(B) Reasonable progress
The Administrator, with the concurrence of the State, may
issue a permit which modifies the effluent limitations required
by subsection (a) of this section for toxic pollutants for a
single period not to exceed 5 years if the applicant
demonstrates to the satisfaction of the Administrator that such
modified requirements (i) will represent the maximum degree of
control within the economic capability of the owner and operator
of the source, and (ii) will result in reasonable further
progress beyond the requirements of section 1311(b)(2) of this
title toward the requirements of subsection (a) of this section.
(c) Delay in application of other limitations
The establishment of effluent limitations under this section shall
not operate to delay the application of any effluent limitation
established under section 1311 of this title.
(June 30, 1948, ch. 758, title III, Sec. 302, as added Pub. L. 92-500,
Sec. 2, Oct. 18, 1972, 86 Stat. 846; amended Pub. L. 100-4, title III,
Sec. 308(e), Feb. 4, 1987, 101 Stat. 39.)
Amendments
1987--Subsec. (a). Pub. L. 100-4, Sec. 308(e)(2), inserted ``or as
identified under section 1314(l) of this title'' after ``Administrator''
and ``public health,'' after ``protection of''.
Subsec. (b). Pub. L. 100-4, Sec. 308(e)(1), amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows:
``(1) Prior to establishment of any effluent limitation pursuant to
subsection (a) of this section, the Administrator shall issue notice of
intent to establish such limitation and within ninety days of such
notice hold a public hearing to determine the relationship of the
economic and social costs of achieving any such limitation or
limitations, including any economic or social dislocation in the
affected community or communities, to the social and economic benefits
to be obtained (including the attainment of the objective of this
chapter) and to determine whether or not such effluent limitations can
be implemented with available technology or other alternative control
strategies.
``(2) If a person affected by such limitation demonstrates at such
hearing that (whether or not such technology or other alternative
control strategies are available) there is no reasonable relationship
between the economic and social costs and the benefits to be obtained
(including attainment of the objective of this chapter), such limitation
shall not become effective and the Administrator shall adjust such
limitation as it applies to such person.''
Section Referred to in Other Sections
This section is referred to in sections 1292, 1311, 1313, 1314,
1319, 1341, 1342, 1365, 1367, 1369 of this title.
