§ 1342. — National pollutant discharge elimination system.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1342]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER IV--PERMITS AND LICENSES
Sec. 1342. National pollutant discharge elimination system
(a) Permits for discharge of pollutants
(1) Except as provided in sections 1328 and 1344 of this title, the
Administrator may, after opportunity for public hearing issue a permit
for the discharge of any pollutant, or combination of pollutants,
notwithstanding section 1311(a) of this title, upon condition that such
discharge will meet either (A) all applicable requirements under
sections 1311, 1312, 1316, 1317, 1318, and 1343 of this title, or (B)
prior to the taking of necessary implementing actions relating to all
such requirements, such conditions as the Administrator determines are
necessary to carry out the provisions of this chapter.
(2) The Administrator shall prescribe conditions for such permits to
assure compliance with the requirements of paragraph (1) of this
subsection, including conditions on data and information collection,
reporting, and such other requirements as he deems appropriate.
(3) The permit program of the Administrator under paragraph (1) of
this subsection, and permits issued thereunder, shall be subject to the
same terms, conditions, and requirements as apply to a State permit
program and permits issued thereunder under subsection (b) of this
section.
(4) All permits for discharges into the navigable waters issued
pursuant to section 407 of this title shall be deemed to be permits
issued under this subchapter, and permits issued under this subchapter
shall be deemed to be permits issued under section 407 of this title,
and shall continue in force and effect for their term unless revoked,
modified, or suspended in accordance with the provisions of this
chapter.
(5) No permit for a discharge into the navigable waters shall be
issued under section 407 of this title after October 18, 1972. Each
application for a permit under section 407 of this title, pending on
October 18, 1972, shall be deemed to be an application for a permit
under this section. The Administrator shall authorize a State, which he
determines has the capability of administering a permit program which
will carry out the objectives of this chapter to issue permits for
discharges into the navigable waters within the jurisdiction of such
State. The Administrator may exercise the authority granted him by the
preceding sentence only during the period which begins on October 18,
1972, and ends either on the ninetieth day after the date of the first
promulgation of guidelines required by section 1314(i)(2) of this title,
or the date of approval by the Administrator of a permit program for
such State under subsection (b) of this section, whichever date first
occurs, and no such authorization to a State shall extend beyond the
last day of such period. Each such permit shall be subject to such
conditions as the Administrator determines are necessary to carry out
the provisions of this chapter. No such permit shall issue if the
Administrator objects to such issuance.
(b) State permit programs
At any time after the promulgation of the guidelines required by
subsection (i)(2) of section 1314 of this title, the Governor of each
State desiring to administer its own permit program for discharges into
navigable waters within its jurisdiction may submit to the Administrator
a full and complete description of the program it proposes to establish
and administer under State law or under an interstate compact. In
addition, such State shall submit a statement from the attorney general
(or the attorney for those State water pollution control agencies which
have independent legal counsel), or from the chief legal officer in the
case of an interstate agency, that the laws of such State, or the
interstate compact, as the case may be, provide adequate authority to
carry out the described program. The Administrator shall approve each
submitted program unless he determines that adequate authority does not
exist:
(1) To issue permits which--
(A) apply, and insure compliance with, any applicable
requirements of sections 1311, 1312, 1316, 1317, and 1343 of this
title;
(B) are for fixed terms not exceeding five years; and
(C) can be terminated or modified for cause including, but not
limited to, the following:
(i) violation of any condition of the permit;
(ii) obtaining a permit by misrepresentation, or failure to
disclose fully all relevant facts;
(iii) change in any condition that requires either a
temporary or permanent reduction or elimination of the permitted
discharge;
(D) control the disposal of pollutants into wells;
(2)(A) To issue permits which apply, and insure compliance with, all
applicable requirements of section 1318 of this title; or
(B) To inspect, monitor, enter, and require reports to at least the
same extent as required in section 1318 of this title;
(3) To insure that the public, and any other State the waters of
which may be affected, receive notice of each application for a permit
and to provide an opportunity for public hearing before a ruling on each
such application;
(4) To insure that the Administrator receives notice of each
application (including a copy thereof) for a permit;
(5) To insure that any State (other than the permitting State),
whose waters may be affected by the issuance of a permit may submit
written recommendations to the permitting State (and the Administrator)
with respect to any permit application and, if any part of such written
recommendations are not accepted by the permitting State, that the
permitting State will notify such affected State (and the Administrator)
in writing of its failure to so accept such recommendations together
with its reasons for so doing;
(6) To insure that no permit will be issued if, in the judgment of
the Secretary of the Army acting through the Chief of Engineers, after
consultation with the Secretary of the department in which the Coast
Guard is operating, anchorage and navigation of any of the navigable
waters would be substantially impaired thereby;
(7) To abate violations of the permit or the permit program,
including civil and criminal penalties and other ways and means of
enforcement;
(8) To insure that any permit for a discharge from a publicly owned
treatment works includes conditions to require the identification in
terms of character and volume of pollutants of any significant source
introducing pollutants subject to pretreatment standards under section
1317(b) of this title into such works and a program to assure compliance
with such pretreatment standards by each such source, in addition to
adequate notice to the permitting agency of (A) new introductions into
such works of pollutants from any source which would be a new source as
defined in section 1316 of this title if such source were discharging
pollutants, (B) new introductions of pollutants into such works from a
source which would be subject to section 1311 of this title if it were
discharging such pollutants, or (C) a substantial change in volume or
character of pollutants being introduced into such works by a source
introducing pollutants into such works at the time of issuance of the
permit. Such notice shall include information on the quality and
quantity of effluent to be introduced into such treatment works and any
anticipated impact of such change in the quantity or quality of effluent
to be discharged from such publicly owned treatment works; and
(9) To insure that any industrial user of any publicly owned
treatment works will comply with sections 1284(b), 1317, and 1318 of
this title.
(c) Suspension of Federal program upon submission of State program;
withdrawal of approval of State program; return of State program
to Administrator
(1) Not later than ninety days after the date on which a State has
submitted a program (or revision thereof) pursuant to subsection (b) of
this section, the Administrator shall suspend the issuance of permits
under subsection (a) of this section as to those discharges subject to
such program unless he determines that the State permit program does not
meet the requirements of subsection (b) of this section or does not
conform to the guidelines issued under section 1314(i)(2) of this title.
If the Administrator so determines, he shall notify the State of any
revisions or modifications necessary to conform to such requirements or
guidelines.
(2) Any State permit program under this section shall at all times
be in accordance with this section and guidelines promulgated pursuant
to section 1314(i)(2) of this title.
(3) Whenever the Administrator determines after public hearing that
a State is not administering a program approved under this section in
accordance with requirements of this section, he shall so notify the
State and, if appropriate corrective action is not taken within a
reasonable time, not to exceed ninety days, the Administrator shall
withdraw approval of such program. The Administrator shall not withdraw
approval of any such program unless he shall first have notified the
State, and made public, in writing, the reasons for such withdrawal.
(4) Limitations on partial permit program returns and withdrawals.--
A State may return to the Administrator administration, and the
Administrator may withdraw under paragraph (3) of this subsection
approval, of--
(A) a State partial permit program approved under subsection
(n)(3) of this section only if the entire permit program being
administered by the State department or agency at the time is
returned or withdrawn; and
(B) a State partial permit program approved under subsection
(n)(4) of this section only if an entire phased component of the
permit program being administered by the State at the time is
returned or withdrawn.
(d) Notification of Administrator
(1) Each State shall transmit to the Administrator a copy of each
permit application received by such State and provide notice to the
Administrator of every action related to the consideration of such
permit application, including each permit proposed to be issued by such
State.
(2) No permit shall issue (A) if the Administrator within ninety
days of the date of his notification under subsection (b)(5) of this
section objects in writing to the issuance of such permit, or (B) if the
Administrator within ninety days of the date of transmittal of the
proposed permit by the State objects in writing to the issuance of such
permit as being outside the guidelines and requirements of this chapter.
Whenever the Administrator objects to the issuance of a permit under
this paragraph such written objection shall contain a statement of the
reasons for such objection and the effluent limitations and conditions
which such permit would include if it were issued by the Administrator.
(3) The Administrator may, as to any permit application, waive
paragraph (2) of this subsection.
(4) In any case where, after December 27, 1977, the Administrator,
pursuant to paragraph (2) of this subsection, objects to the issuance of
a permit, on request of the State, a public hearing shall be held by the
Administrator on such objection. If the State does not resubmit such
permit revised to meet such objection within 30 days after completion of
the hearing, or, if no hearing is requested within 90 days after the
date of such objection, the Administrator may issue the permit pursuant
to subsection (a) of this section for such source in accordance with the
guidelines and requirements of this chapter.
(e) Waiver of notification requirement
In accordance with guidelines promulgated pursuant to subsection
(i)(2) of section 1314 of this title, the Administrator is authorized to
waive the requirements of subsection (d) of this section at the time he
approves a program pursuant to subsection (b) of this section for any
category (including any class, type, or size within such category) of
point sources within the State submitting such program.
(f) Point source categories
The Administrator shall promulgate regulations establishing
categories of point sources which he determines shall not be subject to
the requirements of subsection (d) of this section in any State with a
program approved pursuant to subsection (b) of this section. The
Administrator may distinguish among classes, types, and sizes within any
category of point sources.
(g) Other regulations for safe transportation, handling, carriage,
storage, and stowage of pollutants
Any permit issued under this section for the discharge of pollutants
into the navigable waters from a vessel or other floating craft shall be
subject to any applicable regulations promulgated by the Secretary of
the department in which the Coast Guard is operating, establishing
specifications for safe transportation, handling, carriage, storage, and
stowage of pollutants.
(h) Violation of permit conditions; restriction or prohibition upon
introduction of pollutant by source not previously utilizing
treatment works
In the event any condition of a permit for discharges from a
treatment works (as defined in section 1292 of this title) which is
publicly owned is violated, a State with a program approved under
subsection (b) of this section or the Administrator, where no State
program is approved or where the Administrator determines pursuant to
section 1319(a) of this title that a State with an approved program has
not commenced appropriate enforcement action with respect to such
permit, may proceed in a court of competent jurisdiction to restrict or
prohibit the introduction of any pollutant into such treatment works by
a source not utilizing such treatment works prior to the finding that
such condition was violated.
(i) Federal enforcement not limited
Nothing in this section shall be construed to limit the authority of
the Administrator to take action pursuant to section 1319 of this title.
(j) Public information
A copy of each permit application and each permit issued under this
section shall be available to the public. Such permit application or
permit, or portion thereof, shall further be available on request for
the purpose of reproduction.
(k) Compliance with permits
Compliance with a permit issued pursuant to this section shall be
deemed compliance, for purposes of sections 1319 and 1365 of this title,
with sections 1311, 1312, 1316, 1317, and 1343 of this title, except any
standard imposed under section 1317 of this title for a toxic pollutant
injurious to human health. Until December 31, 1974, in any case where a
permit for discharge has been applied for pursuant to this section, but
final administrative disposition of such application has not been made,
such discharge shall not be a violation of (1) section 1311, 1316, or
1342 of this title, or (2) section 407 of this title, unless the
Administrator or other plaintiff proves that final administrative
disposition of such application has not been made because of the failure
of the applicant to furnish information reasonably required or requested
in order to process the application. For the 180-day period beginning on
October 18, 1972, in the case of any point source discharging any
pollutant or combination of pollutants immediately prior to such date
which source is not subject to section 407 of this title, the discharge
by such source shall not be a violation of this chapter if such a source
applies for a permit for discharge pursuant to this section within such
180-day period.
(l) Limitation on permit requirement
(1) Agricultural return flows
The Administrator shall not require a permit under this section
for discharges composed entirely of return flows from irrigated
agriculture, nor shall the Administrator directly or indirectly,
require any State to require such a permit.
(2) Stormwater runoff from oil, gas, and mining operations
The Administrator shall not require a permit under this section,
nor shall the Administrator directly or indirectly require any State
to require a permit, for discharges of stormwater runoff from mining
operations or oil and gas exploration, production, processing, or
treatment operations or transmission facilities, composed entirely
of flows which are from conveyances or systems of conveyances
(including but not limited to pipes, conduits, ditches, and
channels) used for collecting and conveying precipitation runoff and
which are not contaminated by contact with, or do not come into
contact with, any overburden, raw material, intermediate products,
finished product, byproduct, or waste products located on the site
of such operations.
(m) Additional pretreatment of conventional pollutants not required
To the extent a treatment works (as defined in section 1292 of this
title) which is publicly owned is not meeting the requirements of a
permit issued under this section for such treatment works as a result of
inadequate design or operation of such treatment works, the
Administrator, in issuing a permit under this section, shall not require
pretreatment by a person introducing conventional pollutants identified
pursuant to section 1314(a)(4) of this title into such treatment works
other than pretreatment required to assure compliance with pretreatment
standards under subsection (b)(8) of this section and section 1317(b)(1)
of this title. Nothing in this subsection shall affect the
Administrator's authority under sections 1317 and 1319 of this title,
affect State and local authority under sections 1317(b)(4) and 1370 of
this title, relieve such treatment works of its obligations to meet
requirements established under this chapter, or otherwise preclude such
works from pursuing whatever feasible options are available to meet its
responsibility to comply with its permit under this section.
(n) Partial permit program
(1) State submission
The Governor of a State may submit under subsection (b) of this
section a permit program for a portion of the discharges into the
navigable waters in such State.
(2) Minimum coverage
A partial permit program under this subsection shall cover, at a
minimum, administration of a major category of the discharges into
the navigable waters of the State or a major component of the permit
program required by subsection (b) of this section.
(3) Approval of major category partial permit programs
The Administrator may approve a partial permit program covering
administration of a major category of discharges under this
subsection if--
(A) such program represents a complete permit program and
covers all of the discharges under the jurisdiction of a
department or agency of the State; and
(B) the Administrator determines that the partial program
represents a significant and identifiable part of the State
program required by subsection (b) of this section.
(4) Approval of major component partial permit programs
The Administrator may approve under this subsection a partial
and phased permit program covering administration of a major
component (including discharge categories) of a State permit program
required by subsection (b) of this section if--
(A) the Administrator determines that the partial program
represents a significant and identifiable part of the State
program required by subsection (b) of this section; and
(B) the State submits, and the Administrator approves, a
plan for the State to assume administration by phases of the
remainder of the State program required by subsection (b) of
this section by a specified date not more than 5 years after
submission of the partial program under this subsection and
agrees to make all reasonable efforts to assume such
administration by such date.
(o) Anti-backsliding
(1) General prohibition
In the case of effluent limitations established on the basis of
subsection (a)(1)(B) of this section, a permit may not be renewed,
reissued, or modified on the basis of effluent guidelines
promulgated under section 1314(b) of this title subsequent to the
original issuance of such permit, to contain effluent limitations
which are less stringent than the comparable effluent limitations in
the previous permit. In the case of effluent limitations established
on the basis of section 1311(b)(1)(C) or section 1313(d) or (e) of
this title, a permit may not be renewed, reissued, or modified to
contain effluent limitations which are less stringent than the
comparable effluent limitations in the previous permit except in
compliance with section 1313(d)(4) of this title.
(2) Exceptions
A permit with respect to which paragraph (1) applies may be
renewed, reissued, or modified to contain a less stringent effluent
limitation applicable to a pollutant if--
(A) material and substantial alterations or additions to the
permitted facility occurred after permit issuance which justify
the application of a less stringent effluent limitation;
(B)(i) information is available which was not available at
the time of permit issuance (other than revised regulations,
guidance, or test methods) and which would have justified the
application of a less stringent effluent limitation at the time
of permit issuance; or
(ii) the Administrator determines that technical mistakes or
mistaken interpretations of law were made in issuing the permit
under subsection (a)(1)(B) of this section;
(C) a less stringent effluent limitation is necessary
because of events over which the permittee has no control and
for which there is no reasonably available remedy;
(D) the permittee has received a permit modification under
section 1311(c), 1311(g), 1311(h), 1311(i), 1311(k), 1311(n), or
1326(a) of this title; or
(E) the permittee has installed the treatment facilities
required to meet the effluent limitations in the previous permit
and has properly operated and maintained the facilities but has
nevertheless been unable to achieve the previous effluent
limitations, in which case the limitations in the reviewed,
reissued, or modified permit may reflect the level of pollutant
control actually achieved (but shall not be less stringent than
required by effluent guidelines in effect at the time of permit
renewal, reissuance, or modification).
Subparagraph (B) shall not apply to any revised waste load
allocations or any alternative grounds for translating water quality
standards into effluent limitations, except where the cumulative
effect of such revised allocations results in a decrease in the
amount of pollutants discharged into the concerned waters, and such
revised allocations are not the result of a discharger eliminating
or substantially reducing its discharge of pollutants due to
complying with the requirements of this chapter or for reasons
otherwise unrelated to water quality.
(3) Limitations
In no event may a permit with respect to which paragraph (1)
applies be renewed, reissued, or modified to contain an effluent
limitation which is less stringent than required by effluent
guidelines in effect at the time the permit is renewed, reissued, or
modified. In no event may such a permit to discharge into waters be
renewed, reissued, or modified to contain a less stringent effluent
limitation if the implementation of such limitation would result in
a violation of a water quality standard under section 1313 of this
title applicable to such waters.
(p) Municipal and industrial stormwater discharges
(1) General rule
Prior to October 1, 1994, the Administrator or the State (in the
case of a permit program approved under this section) shall not
require a permit under this section for discharges composed entirely
of stormwater.
(2) Exceptions
Paragraph (1) shall not apply with respect to the following
stormwater discharges:
(A) A discharge with respect to which a permit has been
issued under this section before February 4, 1987.
(B) A discharge associated with industrial activity.
(C) A discharge from a municipal separate storm sewer system
serving a population of 250,000 or more.
(D) A discharge from a municipal separate storm sewer system
serving a population of 100,000 or more but less than 250,000.
(E) A discharge for which the Administrator or the State, as
the case may be, determines that the stormwater discharge
contributes to a violation of a water quality standard or is a
significant contributor of pollutants to waters of the United
States.
(3) Permit requirements
(A) Industrial discharges
Permits for discharges associated with industrial activity
shall meet all applicable provisions of this section and section
1311 of this title.
(B) Municipal discharge
Permits for discharges from municipal storm sewers--
(i) may be issued on a system- or jurisdiction-wide
basis;
(ii) shall include a requirement to effectively prohibit
non-stormwater discharges into the storm sewers; and
(iii) shall require controls to reduce the discharge of
pollutants to the maximum extent practicable, including
management practices, control techniques and system, design
and engineering methods, and such other provisions as the
Administrator or the State determines appropriate for the
control of such pollutants.
(4) Permit application requirements
(A) Industrial and large municipal discharges
Not later than 2 years after February 4, 1987, the
Administrator shall establish regulations setting forth the
permit application requirements for stormwater discharges
described in paragraphs (2)(B) and (2)(C). Applications for
permits for such discharges shall be filed no later than 3 years
after February 4, 1987. Not later than 4 years after February 4,
1987, the Administrator or the State, as the case may be, shall
issue or deny each such permit. Any such permit shall provide
for compliance as expeditiously as practicable, but in no event
later than 3 years after the date of issuance of such permit.
(B) Other municipal discharges
Not later than 4 years after February 4, 1987, the
Administrator shall establish regulations setting forth the
permit application requirements for stormwater discharges
described in paragraph (2)(D). Applications for permits for such
discharges shall be filed no later than 5 years after February
4, 1987. Not later than 6 years after February 4, 1987, the
Administrator or the State, as the case may be, shall issue or
deny each such permit. Any such permit shall provide for
compliance as expeditiously as practicable, but in no event
later than 3 years after the date of issuance of such permit.
(5) Studies
The Administrator, in consultation with the States, shall
conduct a study for the purposes of--
(A) identifying those stormwater discharges or classes of
stormwater discharges for which permits are not required
pursuant to paragraphs (1) and (2) of this subsection;
(B) determining, to the maximum extent practicable, the
nature and extent of pollutants in such discharges; and
(C) establishing procedures and methods to control
stormwater discharges to the extent necessary to mitigate
impacts on water quality.
Not later than October 1, 1988, the Administrator shall submit to
Congress a report on the results of the study described in
subparagraphs (A) and (B). Not later than October 1, 1989, the
Administrator shall submit to Congress a report on the results of
the study described in subparagraph (C).
(6) Regulations
Not later than October 1, 1993, the Administrator, in
consultation with State and local officials, shall issue regulations
(based on the results of the studies conducted under paragraph (5))
which designate stormwater discharges, other than those discharges
described in paragraph (2), to be regulated to protect water quality
and shall establish a comprehensive program to regulate such
designated sources. The program shall, at a minimum, (A) establish
priorities, (B) establish requirements for State stormwater
management programs, and (C) establish expeditious deadlines. The
program may include performance standards, guidelines, guidance, and
management practices and treatment requirements, as appropriate.
(q) Combined sewer overflows
(1) Requirement for permits, orders, and decrees
Each permit, order, or decree issued pursuant to this chapter
after December 21, 2000, for a discharge from a municipal combined
storm and sanitary sewer shall conform to the Combined Sewer
Overflow Control Policy signed by the Administrator on April 11,
1994 (in this subsection referred to as the ``CSO control policy'').
(2) Water quality and designated use review guidance
Not later than July 31, 2001, and after providing notice and
opportunity for public comment, the Administrator shall issue
guidance to facilitate the conduct of water quality and designated
use reviews for municipal combined sewer overflow receiving waters.
(3) Report
Not later than September 1, 2001, the Administrator shall
transmit to Congress a report on the progress made by the
Environmental Protection Agency, States, and municipalities in
implementing and enforcing the CSO control policy.
(June 30, 1948, ch. 758, title IV, Sec. 402, as added Pub. L. 92-500,
Sec. 2, Oct. 18, 1972, 86 Stat. 880; amended Pub. L. 95-217,
Secs. 33(c), 50, 54(c)(1), 65, 66, Dec. 27, 1977, 91 Stat. 1577, 1588,
1591, 1599, 1600; Pub. L. 100-4, title IV, Secs. 401-404(a), 404(c),
formerly 404(d), 405, Feb. 4, 1987, 101 Stat. 65-67, 69, renumbered
Sec. 404(c), Pub. L. 104-66, title II, Sec. 2021(e)(2), Dec. 21, 1995,
109 Stat. 727; Pub. L. 102-580, title III, Sec. 364, Oct. 31, 1992, 106
Stat. 4862; Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I,
Sec. 112(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A-224.)
Amendments
2000--Subsec. (q). Pub. L. 106-554 added subsec. (q).
1992--Subsec. (p)(1), (6). Pub. L. 102-580 substituted ``October 1,
1994'' for ``October 1, 1992'' in par. (1) and ``October 1, 1993'' for
``October 1, 1992'' in par. (6).
1987--Subsec. (a)(1). Pub. L. 100-4, Sec. 404(c), inserted cl. (A)
and (B) designations.
Subsec. (c)(1). Pub. L. 100-4, Sec. 403(b)(2), substituted ``as to
those discharges'' for ``as to those navigable waters''.
Subsec. (c)(4). Pub. L. 100-4, Sec. 403(b)(1), added par. (4).
Subsec. (l). Pub. L. 100-4, Sec. 401, inserted ``Limitation on
permit requirement'' as subsec. heading designated existing provisions
as par. (1) and inserted par. heading, added par. (2), and aligned pars.
(1) and (2).
Subsecs. (m) to (p). Pub. L. 100-4, Secs. 402, 403(a), 404(a), 405,
added subsecs. (m) to (p).
1977--Subsec. (a)(5). Pub. L. 95-217, Sec. 50, substituted ``section
1314(i)(2)'' for ``section 1314(h)(2)''.
Subsec. (b). Pub. L. 95-217, Sec. 50, substituted in provisions
preceding par. (1) ``subsection (i)(2) of section 1314'' for
``subsection (h)(2) of section 1314''.
Subsec. (b)(8). Pub. L. 95-217, Sec. 54(c)(1), inserted reference to
identification in terms of character and volume of pollutants of any
significant source introducing pollutants subject to pretreatment
standards under section 1317(b) of this title into treatment works and
programs to assure compliance with pretreatment standards by each
source.
Subsec. (c)(1), (2). Pub. L. 95-217, Sec. 50, substituted ``section
1314(i)(2)'' for ``section 1314(h)(2)''.
Subsec. (d)(2). Pub. L. 95-217, Sec. 65(b), inserted provision
requiring that, whenever the Administrator objects to the issuance of a
permit under subsec. (d)(2) of this section, the written objection
contain a statement of the reasons for the objection and the effluent
limitations and conditions which the permit would include if it were
issued by the Administrator.
Subsec. (d)(4). Pub. L. 95-217, Sec. 65(a), added par. (4).
Subsec. (e). Pub. L. 95-217, Sec. 50, substituted ``subsection
(i)(2) of section 1314'' for ``subsection (h)(2) of section 1314''.
Subsec. (h). Pub. L. 95-217, Sec. 66, substituted ``where no State
program is approved or where the Administrator determines pursuant to
section 1319(a) of this title that a State with an approved program has
not commenced appropriate enforcement action with respect to such
permit,'' for ``where no State program is approved,''.
Subsec. (l). Pub. L. 95-217, Sec. 33(c), added subsec. (l).
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Enforcement functions of Administrator or other official of the
Environmental Protection Agency under this section relating to
compliance with national pollutant discharge elimination system permits
with respect to pre-construction, construction, and initial operation of
transportation system for Canadian and Alaskan natural gas were
transferred to the Federal Inspector, Office of Federal Inspector for
the Alaska Natural Gas Transportation System, until the first
anniversary of the date of initial operation of the Alaska Natural Gas
Transportation System, see Reorg. Plan No. 1 of 1979, Secs. 102(a),
203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1,
1979, set out in the Appendix to Title 5, Government Organization and
Employees. Office of Federal Inspector for the Alaska Natural Gas
Transportation System abolished and functions and authority vested in
Inspector transferred to Secretary of Energy by section 3012(b) of Pub.
L. 102-486, set out as an Abolition of Office of Federal Inspector note
under section 719e of Title 15, Commerce and Trade.
Stormwater Permit Requirements
Pub. L. 102-240, title I, Sec. 1068, Dec. 18, 1991, 105 Stat. 2007,
provided that:
``(a) General Rule.--Notwithstanding the requirements of sections
402(p)(2)(B), (C), and (D) of the Federal Water Pollution Control Act
[33 U.S.C. 1342(p)(2)(B), (C), (D)], permit application deadlines for
stormwater discharges associated with industrial activities from
facilities that are owned or operated by a municipality shall be
established by the Administrator of the Environmental Protection Agency
(hereinafter in this section referred to as the `Administrator')
pursuant to the requirements of this section.
``(b) Permit Applications.--
``(1) Individual applications.--The Administrator shall require
individual permit applications for discharges described in
subsection (a) on or before October 1, 1992; except that any
municipality that has participated in a timely part I group
application for an industrial activity discharging stormwater that
is denied such participation in a group application or for which a
group application is denied shall not be required to submit an
individual application until the 180th day following the date on
which the denial is made.
``(2) Group applications.--With respect to group applications
for permits for discharges described in subsection (a), the
Administrator shall require--
``(A) part I applications on or before September 30, 1991,
except that any municipality with a population of less than
250,000 shall not be required to submit a part I application
before May 18, 1992; and
``(B) part II applications on or before October 1, 1992,
except that any municipality with a population of less than
250,000 shall not be required to submit a part II application
before May 17, 1993.
``(c) Municipalities With Less Than 100,000 Population.--The
Administrator shall not require any municipality with a population of
less than 100,000 to apply for or obtain a permit for any stormwater
discharge associated with an industrial activity other than an airport,
powerplant, or uncontrolled sanitary landfill owned or operated by such
municipality before October 1, 1992, unless such permit is required by
section 402(p)(2)(A) or (E) of the Federal Water Pollution Control Act
[33 U.S.C. 1342(p)(2)(A), (E)].
``(d) Uncontrolled Sanitary Landfill Defined.--For the purposes of
this section, the term `uncontrolled sanitary landfill' means a landfill
or open dump, whether in operation or closed, that does not meet the
requirements for run-on and run-off controls established pursuant to
subtitle D of the Solid Waste Disposal Act [42 U.S.C. 6941 et seq.].
``(e) Limitation on Statutory Construction.--Nothing in this section
shall be construed to affect any application or permit requirement,
including any deadline, to apply for or obtain a permit for stormwater
discharges subject to section 402(p)(2)(A) or (E) of the Federal Water
Pollution Control Act [33 U.S.C. 1342(p)(2)(A), (E)].
``(f) Regulations.--The Administrator shall issue final regulations
with respect to general permits for stormwater discharges associated
with industrial activity on or before February 1, 1992.''
Phosphate Fertilizer Effluent Limitation
Section 306(c) of Pub. L. 100-4 provided that:
``(1) Issuance of permit.--As soon as possible after the date of the
enactment of this Act [Feb. 4, 1987], but not later than 180 days after
such date of enactment, the Administrator shall issue permits under
section 402(a)(1)(B) of the Federal Water Pollution Control Act [33
U.S.C. 1342(a)(1)(B)] with respect to facilities--
``(A) which were under construction on or before April 8, 1974,
and
``(B) for which the Administrator is proposing to revise the
applicability of the effluent limitation established under section
301(b) of such Act [33 U.S.C. 1311(b)] for phosphate subcategory of
the fertilizer manufacturing point source category to exclude such
facilities.
``(2) Limitations on statutory construction.--Nothing in this
section [amending section 1311 of this title and enacting this note]
shall be construed--
``(A) to require the Administrator to permit the discharge of
gypsum or gypsum waste into the navigable waters,
``(B) to affect the procedures and standards applicable to the
Administrator in issuing permits under section 402(a)(1)(B) of the
Federal Water Pollution Control Act [33 U.S.C. 1342(a)(1)(B)], and
``(C) to affect the authority of any State to deny or condition
certification under section 401 of such Act [33 U.S.C. 1341] with
respect to the issuance of permits under section 402(a)(1)(B) of
such Act.''
Log Transfer Facilities
Section 407 of Pub. L. 100-4 provided that:
``(a) Agreement.--The Administrator and Secretary of the Army shall
enter into an agreement regarding coordination of permitting for log
transfer facilities to designate a lead agency and to process permits
required under sections 402 and 404 of the Federal Water Pollution
Control Act [33 U.S.C. 1342, 1344], where both such sections apply, for
discharges associated with the construction and operation of log
transfer facilities. The Administrator and Secretary are authorized to
act in accordance with the terms of such agreement to assure that, to
the maximum extent practicable, duplication, needless paperwork and
delay in the issuance of permits, and inequitable enforcement between
and among facilities in different States, shall be eliminated.
``(b) Applications and Permits Before October 22, 1985.--Where both
of sections 402 and 404 of the Federal Water Pollution Control Act [33
U.S.C. 1342, 1344] apply, log transfer facilities which have received a
permit under section 404 of such Act before October 22, 1985, shall not
be required to submit a new application for a permit under section 402
of such Act. If the Administrator determines that the terms of a permit
issued on or before October 22, 1985, under section 404 of such Act
satisfies the applicable requirements of sections 301, 302, 306, 307,
308, and 403 of such Act [33 U.S.C. 1311, 1312, 1316, 1317, 1318, and
1343], a separate application for a permit under section 402 of such Act
shall not thereafter be required. In any case where the Administrator
demonstrates, after an opportunity for a hearing, that the terms of a
permit issued on or before October 22, 1985, under section 404 of such
Act do not satisfy the applicable requirements of sections 301, 302,
306, 307, 308, and 403 of such Act, modifications to the existing permit
under section 404 of such Act to incorporate such applicable
requirements shall be issued by the Administrator as an alternative to
issuance of a separate new permit under section 402 of such Act.
``(c) Log Transfer Facility Defined.--For the purposes of this
section, the term `log transfer facility' means a facility which is
constructed in whole or in part in waters of the United States and which
is utilized for the purpose of transferring commercially harvested logs
to or from a vessel or log raft, including the formation of a log
raft.''
Allowable Delay in Modifying Existing Approved State Permit Programs To
Conform to 1977 Amendment
Section 54(c)(2) of Pub. L. 95-217 provided that any State permit
program approved under this section before Dec. 27, 1977, which required
modification to conform to the amendment made by section 54(c)(1) of
Pub. L. 95-217, which amended subsec. (b)(8) of this section, not be
required to be modified before the end of the one year period which
began on Dec. 27, 1977, unless in order to make the required
modification a State must amend or enact a law in which case such
modification not be required for such State before the end of the two
year period which began on Dec. 27, 1977.
Section Referred to in Other Sections
This section is referred to in sections 1251, 1283, 1284, 1285,
1288, 1301, 1311, 1314, 1317, 1318, 1319, 1321, 1323, 1328, 1341, 1343,
1344, 1345, 1365, 1369, 1371, 1373, 1377, 2104, 2803 of this title;
title 42 sections 6903, 6924, 6925, 6939e, 9601.
