§ 1326. — Thermal discharges.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1326]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III--STANDARDS AND ENFORCEMENT
Sec. 1326. Thermal discharges
(a) Effluent limitations that will assure protection and propagation of
balanced, indigenous population of shellfish, fish, and wildlife
With respect to any point source otherwise subject to the provisions
of section 1311 of this title or section 1316 of this title, whenever
the owner or operator of any such source, after opportunity for public
hearing, can demonstrate to the satisfaction of the Administrator (or,
if appropriate, the State) that any effluent limitation proposed for the
control of the thermal component of any discharge from such source will
require effluent limitations more stringent than necessary to assure the
projection and propagation of a balanced, indigenous population of
shellfish, fish, and wildlife in and on the body of water into which the
discharge is to be made, the Administrator (or, if appropriate, the
State) may impose an effluent limitation under such sections for such
plant, with respect to the thermal component of such discharge (taking
into account the interaction of such thermal component with other
pollutants), that will assure the protection and propagation of a
balanced, indigenous population of shellfish, fish, and wildlife in and
on that body of water.
(b) Cooling water intake structures
Any standard established pursuant to section 1311 of this title or
section 1316 of this title and applicable to a point source shall
require that the location, design, construction, and capacity of cooling
water intake structures reflect the best technology available for
minimizing adverse environmental impact.
(c) Period of protection from more stringent effluent limitations
following discharge point source modification commenced after
October 18, 1972
Notwithstanding any other provision of this chapter, any point
source of a discharge having a thermal component, the modification of
which point source is commenced after October 18, 1972, and which, as
modified, meets effluent limitations established under section 1311 of
this title or, if more stringent, effluent limitations established under
section 1313 of this title and which effluent limitations will assure
protection and propagation of a balanced, indigenous population of
shellfish, fish, and wildlife in or on the water into which the
discharge is made, shall not be subject to any more stringent effluent
limitation with respect to the thermal component of its discharge during
a ten year period beginning on the date of completion of such
modification or during the period of depreciation or amortization of
such facility for the purpose of section 167 or 169 (or both) of title
26, whichever period ends first.
(June 30, 1948, ch. 758, title III, Sec. 316, as added Pub. L. 92-500,
Sec. 2, Oct. 18, 1972, 86 Stat. 876; amended Pub. L. 99-514, Sec. 2,
Oct. 22, 1986, 100 Stat. 2095.)
Amendments
1986--Subsec. (c). Pub. L. 99-514 substituted ``Internal Revenue
Code of 1986'' for ``Internal Revenue Code of 1954'', which for purposes
of codification was translated as ``title 26'' thus requiring no change
in text.
Section Referred to in Other Sections
This section is referred to in sections 1254, 1311, 1313, 1342 of
this title.
