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§ 123.15 Hearings on objection of af. respect to those water quality standards fected State.
promulgated by him; or When a licensing or permitting agency
(b) Water quality standards have been holds a public hearing on the objection of
established, but no State or interstate an affected State, notice of such objec
agency has authority to give such a tion, including the grounds for such ob
certification. jection, shall be forwarded to the Re- $ 123.22 Applications. gional Administrator by the licensing or
An applicant for certification from the permitting agency no later than 30 days
Administrator shall submit to the Reprior to such hearing. The Regional
gional Administrator a complete descripAdministrator shall at such hearing sub
tion of the discharge involved in the acmit his evaluation with respect to such
tivity for which certification is sought, objection and his recommendations as
with a request for certification signed to whether and under what conditions
by the applicant. Such description shall the license or permit should be issued.
include the following: § 123.16 Waiver.
(a) The name and address of the apThe certification requirement with re
plicant; spect to an application for a license or
(b) A description of the facility or acpermit shall be waived upon:
tivity, and of any discharge into naviga
ble waters which may result from the (a) Written notification from the State or interstate agency concerned
conduct of any activity including, but
not limited to, the construction or opthat it expressly waives its authority to
eration of the facility, including the bioact on a request for certification; or
logical, chemical, thermal, and other (b) Written notification from the
characteristics of the discharge, and the licensing or permitting agency to the
location or locations at which such disRegional Administrator of the failure of
charge may enter navigable waters; the State or interstate agency concerned
(c) A description of the function and to act on such request for certification within a reasonable period of time after
operation of equipment or facilities to
treat wastes or other effluents which may receipt of such request, as determined by
be discharged, including specification of the licensing permitting agency
the degree of treatment expected to be (which period shall generally be con
attained; sidered to be 6 months, but in any event
(d) The date or dates on which the shall not exceed 1 year).
activity will begin and end, if known, In the event of a waiver hereunder, the and the date or dates on which the disRegional Administrator shall consider charge will take place; such waiver as a substitute for a certifi- (e) A description of the methods and cation, and as appropriate, shall conduct means being used or proposed to monitor the review, provide the notices, and per- the quality and characteristics of the disform the other functions identified in charge ar the operation of equipment sections 123.13, 123.14, and 123.15. The or facilities employed in the treatment notices required by section 123.13 shall be or control of wastes or other effluents. provided not later than 30 days after
8 123.23 Notice and hearing. the date of receipt by the Regional Administrator of either notification referred
The Regional Administrator will proto herein.
vide public notice of each request for
certification by mailing to State, County, Subpart C-Certification by the and municipal authorities, heads of State Administrator
agencies responsible for water quality
improvement, and other parties known § 123.21 When Administrator certifies.
to be interested in the matter, including Certification by the Administrator that adjacent property owners and conservathe discharge resulting from an activity tion organizations, or may provide such requiring a license or permit will not notice in a newspaper of general cirviolate applicable water quality stand- culation in the area in which the activity ards will be required where:
is proposed to be conducted if the Re(a) Standards have been promulgated, gional Administrator deems mailed noin whole or in part, by the Administrator tice to be impracticable. Interested parpursuant to section 10(C) (2) of the ties shall be provided an opportunity to Act: Provided, however, That the Admin- comment on such request in such manner istrator will certify compliance only with as the Regional Administrator deems ap
propriate. All interested and affected parties will be given reasonable opportunity to present evidence and testimony at a public hearing on the question whether to grant or deny certification if the Regional Administrator determines that such a hearing is necessary or appropriate. $ 123.24 Certification.
If, after considering the complete description, the record of a hearing, if any, held pursuant to $ 123.23, and such other information and data as the Regional Administrator deems relevant, the Regional Administrator determines that there is reasonable assurance that the proposed activity will not result in a violation of applicable water quality standards, he shall so certify. If the Regional Administrator determines that no water quality standards are applicable to the waters which might be affected by the proposed activity, he shall so notify the applicant and the licensing or permitting agency in writing and shall provide the licensing or permitting agency with advice, suggestions, and recommendations with respect to conditions to be incorporated in any license or permit to achieve compliance with the purpose of this Act. In such case, no certification shall be required. § 123.25 Adoption of new water quality
(1) A license or permit was issued without certification due to the absence of applicable water quality standards; and
(2) Water quality standards applicable to the waters into which the licensed or permitted activity may discharge are subsequently established; and
(3) The Administrator is the certifying agency because:
(i) No State or interstate agency has authority to certify; or
(ii) Such new standards were promulgated by the Administrator pursuant to section 10(c) (2) of the Act; and
(4) The Regional Administrator determines that such uncertified activity is violating water quality standards; Then the Regional Administrator shall notify the licensee or permittee of such violation, including his recommendations as to actions necessary for compliance. If the licensee or permittee fails
within 6 months of the date of such notice to take action which in the opinion of the Regional Administrator will result in compliance with applicable water quality standards, the Regional Administrator shall notify the licensing or permitting agency that the licensee or permittee has failed, after reasonable notice, to comply with such standards and that suspension of the applicable license or permit is required by section 21(b) (9) (B) of the Act.
(b) Where a license or permit is suspended pursuant to paragraph (a) of this section, and where the licensee or permittee subsequently takes action which in the Regional Administrator's opinion will result in compliance with applicable water quality standards, the Regional Administrator shall then notify the licensing or permitting agency that there is reasonable assurance that the licensed or permitted activity will comply with applicable water quality standards. 8 123.26 Inspection of facility or active
ity before operation. Where any facility or activity has received certification pursuant to § 123.24 in connection with the issuance of a license or permit for construction, and where such facility or activity is not required to obtain an operating license or permit, the Regional Administrator or his representative, prior to the initial operation of such facility or activity, shall be afforded the opportunity to inspect such facility or activity for the pur. pose of determining if the manner in which such facility or activity will be operated or conducted will violate applicable water quality standards. § 123.27 Notification to licensing or per
mitting agency. If the Regional Administrator, after an inspection pursuant to $ 123.26, determines that operation of the proposed facility or activity will violate applicable water quality standards, he shall so notify the applicant and the licensing or permitting agency, including his recommendations as to remedial measures necessary to bring the operation of the proposed facility into compliance with such standards. 8 123.28 Termination of suspension.
Where a licensing or permitting agency, following a public hearing, sus
Subpart C-Acquisition of Data Sec. 124.21 Application for NPDES permit. 124.22 Receipt and use of Federal data. 124.23 Transmission of data to Regional
Administrator. 124.24 Identity of signatories to NPDES
pends a license or permit after receiving the Regional Administrator's notice and recommendation pursuant to § 123.27, the applicant may submit evidence to the Regional Administrator that the facility or activity or the operation or conduct thereof has been modified so as not to violate water quality standards. If the Regional Administrator determines that water quality standards will not be violated, he shall so notify the licensing or permitting agency.
Subpart D-Consultations § 123.30 Review and advice.
The Regional Administrator may, and upon request shall, provide licensing and permitting agencies with determinations, definitions and interpretations with respect to the meaning and content of water quality standards where they have been federally approved under section 10 of the Act, and findings with respect to the application of all applicable water quality standards in particular cases and in specific circumstances relative to an activity for which a license or permit is sought. The Regional Administrator may, and upon request shall, also advise licensing and permitting agencies as to the status of compliance by dischargers with the conditions and requirements of applicable water quality standards. In cases where an activity for which a license or permit is sought will affect water quality, but for which there are no applicable water quality standards, the Regional Administrator may advise licensing or permitting agencies with respect to conditions of such license or permit to achieve compliance with the purpose of the Act.
Subpart D-Notice and Public Participation 124.31 Formulation of tentative determine
tions and draft NPDES permits. 124.32 Public Notice. 124.33 Fact sheets. 124.34 Notice to other Government agen
cies. 124.35 Public access to information. 124.36 Public hearings. 124.37 Public notice of public hearings. Subpart E-Terms and Conditions of NPDES
Permits 124.41 Prohibited discharges. 124.42 Application of effluent standards and
limitations, water quality stand
ards and other requirements. 124.43 Effluent limitations in issued NPDES
permits. 124.44 Schedules of compliance in issued
NPDES permits. 124.45 Other terms and conditions of is
sued NPDES permits. 124.46 Transmission to Regional Adminis
trator of proposed NPDES permits. 124.47 Transmission to Regional Adminis
trator of issued NPDES permits. Subpart F-Duration and Review of NPDES
Permits Sec. 124.51 Duration of issued NPDES permits. 124.52 Reissuance of NPDES permits. Subpart G—Monitoring, Recording, and Reporting 124.61 Monitoring. 124.62 Recording of monitoring activities
and results. 124.63 Reporting of monitoring results. 124.64 NPDES monitoring, recording, and
Subpart H-Enforcement Provisions 124.71 Receipt and followup of notifications
and reports. 124.72 Modification, suspension and revo
cation of NPDES permits. 124.73 Enforcement.
PART 124–STATE PROGRAM ELEMENTS
NECESSARY FOR PARTICIPATION IN
Subpart A-General Sec. 124.1 Definitions. 124.2 Scope and purpose. 124.3 Form of authority cited by Attorney
General. 124.4 Authority for State program proce
Subpart 1-Disposal of Pollutants Into Wells 124.80 Control of disposal of pollutants
Subpart B— Prohibition of Discharges of
Pollutants 124.10 Prohibition of discharges into State
Subpart - Resources, Planning and Other
Requirements 124.91 Availability of resources. 124.92 Inspection and surveillance support
for NPDES permits.
Administrator pursuant to the Act) for 124.93 Continuing planning process.
reporting data and information pursuant 124.94 Agency Board membership.
to monitoring and other conditions of Subpart K-NPDES Application and Reporting
(j) The term "NPDES permit” means
any permit or equivalent document or Appendix A-Sample Public Notice. Appendix B-Sample Fact Sheet.
requirements issued by the AdministraAppendix C—Sample Public Notice for Pub- tor, or, where appropriate, by the Direclic Hearings.
tor, after enactment of the Federal Water AUTHORITY: Section 304, 84 Stat. 816, 33
Pollution Control Amendments of 1972, U.S.C. 1251 (1972).
to regulate the discharge of pollutants
pursuant to section 402 of the Act. SOURCE: 37 FR 28391, Dec. 22, 1972, unless
(k) The term "NPDES form” means otherwise noted.
any issued NPDES permit and any uniSubpart A-General
form national form developed for use
in the NPDES and prescribed in regula§ 124.1 Definitions.
tions promulgated by the Administrator, As used in this part, the following including the Refuse Act application, the terms shall have the meanings indicated NPDES application and the NPDES rebelow:
porting forms. (a) The term "Act" means the Fed- (1) The term “Refuse Act application" eral Water Pollution Control Act, as means the application for a permit under amended, 33 U.S.C. 1251, et seq.
the Refuse Act. (b) The term “Refuse Act” means (m) The term “Refuse Act permit” section 13 of the River and Harbor Act means any permit issued under the Refof March 3, 1899.
use Act. (c) The term "EPA” means the U.S. (n) The definitions of the following Environmental Protection Agency.
terms contained in section 502 of the Act (d) The term “Administrator" means shall be applicable to such terms as used the Administrator of the U.S. Environ- in this part unless the context otherwise mental Protection Agency.
requires: "State water pollution control (e) The term “Regional Administra- agency (referred to herein as 'State tor" means one of the EPA Regional agency')," "interstate agency," "State," Administrators.
"municipality,” “person," "pollutant," (f) The term "Director” means the “navigable waters," "territorial seas," chief administrative officer of a State "contiguous zone,' "ocean," "effluent water pollution control agency or inter- limitations," "discharge of a pollutant," state agency. In the event responsibility “toxic pollutant," "point source," "biofor water pollution control and enforce- logical monitoring,” “discharge," "schedment is divided among two or more State ule of compliance," "industrial user," and or interstate agencies, the term “Direc- "pollution." tor" means the administrative officer au- (0) The term "national data bank" thorized to perform the particular pro- means a facility or system established cedure to which reference is made.
or to be established by the Administrator (g) The term “National Pollutant Dis- for the purposes of assembling, organizcharge Elimination System (NPDES)” ing, and analyzing data pertaining to means the national system for the issu- water quality and the discharge of ance of permits under section 402 of the pollutants. Act and includes any State or interstate (p) The term “applicable water qualprogram which has been approved by ity standards" means all water quality the Administrator, in whole or in part, standards to which a discharge is subpursuant to section 402 of the Act.
ject under the Act and which have been (h) The term “NPDES application" (1) approved or permitted to remain in means the uniform national forms (in- effect by the Administrator pursuant to cluding subsequent additions, revisions, section 303(a) or 303(c) of the Act, or or modifications duly promulgated by the (2) promulgated by the Administrator Administrator pursuant to the Act) for pursuant to section 303(b) or 303(c) of application for an NPDES permit.
the Act. (i) The term "NPDES reporting form" (q) The term “applicable effluent means the uniform national forms (in- standards and limitations" means all cluding subsequent additions, revisions, State and Federal effluent standards and or modifications duly promulgated by the limitations to which a discharge is sub
ject under the Act, including, but not and effect at the time the Attorney Genlimited to, effluent limitations, standards eral signs the Attorney General's stateof performance, toxic effluent standards ment. and prohibitions, and pretreatment
& 124.4 Authority for State program standards. (Comment. The House committee print
procedures. states: "The committee points out, as it (a) All procedures which the State did in the discussion of section 401, that the
proposes to establish and administer to term 'applicable' used in section 402 has two
conform with the requirements of this meanings. It means that the requirement
part shall be set forth in State statutes which the term 'applicable' refers to must be pertinent and apply to the activity and the
or lawfully promulgated State regularequirement must be in existence by having
tions. Such State statutes and regulabeen promulgated or implemented.")
tions shall be in full force and effect at (r) The term “minor discharge” means
the time the Governor submits the State
program to the Regional Administrator. any discharge which (1) has a total vol
(b) Notwithstanding paragraph (a) ume of less than 50,000 gallons on every
of this section, if the State or interstate day of the year, (2) does not affect the
agency has the statutory authority to waters of any other State, and (3) is not
establish and administer the procedures identified by the Director, the Regional
which conform to the requirements of Administrator, or by the Administrator
this part, regulations setting forth the in regulations issued pursuant to sec
requirements of this part may be protion 307(a) of the Act as a discharge
mulgated by the State subsequent to the which is not a minor discharge. If there
time the Governor submits the State is more than one discharge from a facil
program to the Regional Administrator, ity and the sum of the volumes of all dis
if the Administrator finds the following: charges from the facility exceeds 50,000
(1) The State has submitted a full gallons on any day of the year, then no
and complete description of procedures discharge from the facility is a “minor
to administer its program in conformdischarge” as defined herein.
ance with the requirements of this part; § 124.2 Scope and purpose.
(2) The State has made a written (a) This part establishes guidelines
commitment to the Administrator to specifying procedural and other elements
promulgate regulations which meet the which must be present in a State or
requirements of paragraph (a) of this interstate program in order to obtain
section by January 1, 1974. approval of the Administrator pursuant to section 402 of the Federal Water Pollu- Subpart B-Prohibition of Discharges tion Control Act, as amended, 86 Stat.
of Pollutants 816, 33 U.S.C. 1251.
$ 124.10 Prohibition of discharges into (b) A submitted State or interstate
State waters. program which conforms to the guidelines of this part and which meets the
Any State or interstate program parrequirements of section 402 of the Act
ticipating in the NPDES must have a shall be approved by the Administrator.
statute or regulation, enforceable in Upon approval, the Administrator shall
State courts, which prohibits discharges suspend his issuance of NPDES permits
of pollutants by any person, except as auas to those point sources subject to such
thorized pursuant to an NPDES permit. approved program.
(Comment. For the purposes of this sub(c) Any State program which obtains
part, a State or interstate program shall the approval of the Administrator pursu
qualify for participation in the NPDES if it
prohibits discharges of pollutants to the same ant to section 402 of the Act shall at all
extent such discharges are prohibited in sectimes be in accordance with section 402
tion 301(a) of the Act. It is recognized that and the guidelines contained in this part. some State or interstate programs presently
exempt or exclude certain categories, types, $ 124.3 Form of authority cited by
or sizes of point sources from the general proAttorney General.
hibition of the unauthorized discharge of All authorities cited by the State at
pollutants or from the requirement of obtorney general as authority adequate to
taining a permit. Other States have in effect
"grandfather" clauses which either exempt meet the requirements of section 402(b)
discharges already in existence or provide for of the Act (a) shall be in the form of
automatic issuance of a permit to existing lawfully promulgated State statutes and dischargers. Exceptions to the general prohiregulations and (b) shall be in full force bition cannot be approved. Depending on