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(1) All navigable waters of the United or political subdivision of a State, or any States;

interstate body. (2) Tributaries of navigable waters (W) The term “point source" means of the United States;

any discernible, confined and discrete (3) Interstate waters;

conveyance, including but not limited to (4) Intrastate lakes, rivers, and any pipe, ditch, channel, tunnel, conduit, streams which are utilized by interstate well, discrete fissure, container, rolling travelers for recreational or other pur- stock, concentrated animal feeding operposes;

ation, or vessel or other floating craft, (5) Intrastate lakes, rivers, and from which pollutants are or may be streams from which fish or shellfish are discharged. taken and sold in interstate commerce; (x) The term “pollutant" means and

dredged spoil, solid waste, incinerator (6) Intrastate lakes, rivers, and residue, sewage, garbage, sewage sludge, streams which are utilized for industrial munitions, chemical wastes, biological purposes by industries in interstate com- materials, radioactive materials, heat, merce.

wrecked or discarded equipment, rock, (p) The term “new source" means sand, cellar dirt, and industrial, municiany building, structure, facility or in- pal, and agricultural waste discharged stallation from which there is or may be into water. It does not mean (1) "sewage a discharge of pollutants, the construc- from vessels" or (2) water, gas, or other tion of which is commenced after the material which is injected into a well to publication of proposed regulations pre- facilitate production of oil or gas, or scribing a standard of performance water derived in association with oil or under section 306 of the Act, which will gas production and disposed of in a well, be applicable to such source, if such if the well used either to facilitate prostandard is thereafter promulgated in duction or for disposal purposes is apaccordance with section 306.

proved by authority of the State in which (q) The term “NPDES application the well is located, and if such State short form" or "short form" means one determines that such injection or disor more, as appropriate, of the following: posal will not result in the degradation

(1) Short form A-Municipal Waste- of ground or surface water resources. water Dischargers.

COMMENT.-The legislative history of the (2) Short form B-Agriculture.

Act reflects that the term "radioactive mate(3) Short form C—Manufacturing Es- rials" as included within the definition of tablishments and Mining.

"pollutant” in section 502 of the Act covers (4) Short form D-Services, Whole- only radioactive materials which are not sale, and Retail Trade, and All Other

encompassed in the definition of source, Commercial Establishments, Including

byproduct, or special nuclear materials as

defined by the Atomic Energy Act of 1954, as Vessels, Not Engaged in Manufacturing

amended, and regulated pursuant to the or Agriculture.

latter Act. Examples of radioactive materials (r) The term “NPDES application not covered by the Atomic Energy Act and, standard form” or “standard form" therefore, included within the term "polmeans one or more, as appropriate, of lutant” are radium and accelerator produced the following:

Isotopes. (H.R. Rep. 92–911, 92d Cong. 2d (1) Standard form A-Municipal.

Sess., 131, March 11, 1972; 117 Cong. Rec.

17401, daily ed., November 2, 1971; 118 Cong. (2) Standard form C-Manufacturing

Rec. 9115, daily ed., October 4, 1972.) and Commercial.

(s) The term “NPDES application (y) The term “pollution" means the form" includes NPDES application short man-made or man-induced alteration of forms and NPDES application standard the chemical, physical, biological, and forms.

radiological integrity of water. (t) The term “ocean" means any por

(Z) The term “Regional Administration of the high seas beyond the con

tor" means one of the Regional Admintiguous zone.

istrators of the United States Environ(u) The term “permit” means any

mental Protection Agency. permit or equivalent document or requirement issued to regulate the dis

(aa) The term "schedule of complicharge of pollutants.

ance" means a schedule of remedial (v) The term “person" means an in

measures including an enforceable sedividual, corporation, partnership, asso- quence of actions or operations leading ciation, State, municipality, commission, to compliance with an effluent limitation,

other limitation, prohibition, or stand- grams approved by the Administrator ard.

pursuant to section 402(b) of the Act. (bb) The term "sewage from vessels" Such State programs do not cover agenmeans human body wastes and the cies and instrumentalities of the Federal wastes from toilets and other receptacles Government and Indian activities on Inintended to receive or retain body wastes, dian lands under the jurisdiction of the that are discharged from vessels.

United States. (cc) The term “sewage sludge” means

& 125.3 Law authorizing permits. the solids and precipitates separated from municipal sewage and industrial (a) Section 301(a) of the Act provides wastes of a liquid nature by the unit that "Except as in compliance with this processes of a treatment works.

section and sections 302, 306, 307, 318, (dd) The term “State" means a State, 402, and 404 of this Act, the discharge the District of Columbia, Commonwealth of any pollutant by any person shall be of Puerto Rico, the Virgin Islands, Guam, unlawful." American Samoa, and the Trust Terri- (b) Section 402 of the Act establishes tory of the Pacific Islands.

the NPDES. This section provides, in (ee) The term "State water pollution part, that “the Administrator may, after control agency" means the State agency opportunity for public hearing, issue a designated by the Governor having re- permit for the discharge of any pollutant, sponsibility for enforcing State laws re- or combination of pollutants, upon lating to the abatement of pollution. condition that such discharge will meet

(ff) The term “territorial seas" means either all applicable requirements under the belt of the seas measured from the sections 301, 302, 306, 307, 308, and 403 line of ordinary low water along that of [the] Act, or prior to the taking of portion of the coast which is in direct necessary implementing actions relating contact with the open sea and the line

to all such requirements, such conditions marking the seaward limit of inland as the Administrator determines are waters, and extending seaward a distance necessary to carry out the provisions of of 3 miles.

[the] Act." (gg) The term "treatment works"

(c) Section 405 of the Act prohibits means any facility, method or system for

the disposal of sewage sludge where any the storage, treatment, recycling, or rec

pollutant from such sludge would enter lamation of municipal sewage or indus

navigable waters except in accordance trial wastes of a liquid nature, including

with a permit issued by the Administrawaste in combined storm water and sani

tor under section 405. This section protary sewer systems.

vides in part that “in any case where the

disposal of sewage sludge resulting from & 125.2 Scope and purpose.

the operation of a treatment works * * * (a) (1) The regulations in this part (including the removal of in-place sewprescribe the policy and procedures to be

age sludge from one location and its defollowed in connection with applications

posit at another location) would result for federally issued permits authorizing in any pollutant from such sewage sludge discharges into the navigable waters, the entering the navigable waters, such diswaters of the contiguous zone, and the

posal is prohibited except in accordance oceans, during the periods that the Ad- with a permit issue by the Administrator ministrator of the Environmental Pro

under this section." tection Agency is authorized to issue (d) Unless specifically noted to the such permits pursuant to sections 402 contrary, all provisions of these regulaand 405 of the Act.

tions concerning permits under section (2) The regulations in this part also

402 of the Act are applicable to permits

under section 405 of the Act. prescribe the policy and procedures to be followed in connection with permits $ 125.4 Exclusions. authorizing discharges into the navigable

The following do not require an NPDES waters, the waters of the contiguous zone, and the oceans from any agency

permit: or instrumentality of the Federal Gov- (a) Any discharge of sewage from vesernment and from any Indian activity sels, effluent from properly functioning on Indian lands.

marine engines, laundry, shower, and (b) The regulations in this part do not galley sink wastes, or any other discharge prescribe policy or procedures for the incidental to the normal operation of a issuance of permits by States under pro- vessel: Provided, That this exclusion shall not be construed to apply to rub- § 125.5 Delegation of authority. bish, trash, garbage, or other such mate

(a) Subject to the appeal provisions rials discharged overboard; nor to dis

of $ 125.34 of these regulations and charges when the vessel is operating in

the national security responsibility proa capacity other than a vessel such as

vision of § 125.35(c) of these reguwhen a vessel is being used as a storage

lations, the following authorities are facility or a cannery;

hereby delegated to each of the Regional (b) Water, gas, or other material

Administrators for the area which he which is injected into a well to facilitate

administers. production of oil or gas, or water derived

(1) The authority to issue and condiin association with oil or gas production

tion permits or to deny applications for and disposed of in a well, if the well

permits for discharge covered by the used either to facilitate production or

NDPES and by section 405 of the act. for disposal purposes is approved by

(2) The authority pursuant to section authority of the State in which the well

402(d) (1) of the act to receive from a is located and if such State determines

State a copy of each permit application that such injection or disposal will not

received by such State and to receive result in the degradation of ground or

notice of every action related to the consurface water resources;

sideration of such permit application, in(c) Approved aquaculture projects;

cluding each permit proposed to be issued (d) Dredged or fill material dis

by such State. charged into navigable waters;

(3) The authority pursuant to section (e) Additions of sewage, industrial

402(d) (2) (A) of the act to object in wastes or other materials into publicly

writing to the issuance of any permit owned treatment works. (This exclusion

within 90 days of the date of his notificaapplies only to the actual addition of

tion under section 402(b) (5) of the act. materials into the publicly owned treat

(4) The authority pursuant to section ment works. Plans or agreements to make

402(d) (2) (B) of the act to object in such additions in the future do not re

writing within 90 days of his receipt of a lieve dischargers of the obligation to

proposed permit from a State where he apply for and receive permits until the

finds that the issuance of such permit discharges of pollutants to navigable

would be outside of the guidelines and waters are actually eliminated. It also

requirements of the Act. should be noted that in all appropriate

(b) The authority granted to the Adcases, pretreatment standards promul

ministrator by section 308(a), and if exgated by the Administrator pursuant to

ercised in conformance with $ 125.35 of section 307(b) of the Act must be com

these regulations, section 308 (b) of the plied with.);

Act is hereby delegated to each of the (f) Uncontrolled discharges composed

Regional Administrators for the area entirely of storm runoff when these dis

which he administers. charges are uncontaminated by any in

(c) These authorities may be redeledustrial or commercial activity, unless

gated to the Director, Enforcement Dithe particular storm runoff discharge

vision, of each region. has been identified by the Regional Administrator, the State water pollution

Subpart B-Processing of Permits control agency or an interstate agency $ 125.11 General provisions. as a significant contributor of pollution. (It is anticipated that significant con

(a) All discharges of pollutants or

combination of pollutants from all point tributors of pollution will be identified in

sources into the navigable waters, the connection with the development of

waters of the contiguous zone, or the plans pursuant to section 303(e) of the

ocean are unlawful and subject to the Act. This exclusion applies only to sepa- penalties provided by the Act, unless rate storm sewers. Discharges from com- the discharger has a permit or is specifbined sewers and bypass sewers are not ically relieved by law or regulation from excluded.)

the obligation of obtaining a permit. A (g) Any discharge of ary pollutant discharge authorized by a permit must when such discharge conforms with the be consistent with the terms and condinational contingency plan for removal tions of such permit. Discharges in violaof oil and hazardous substances, pub- tion of permit terms and conditions may lished pursuant to subsection 311(c) (2) result in the institution of proceedings of the act.

under the Act.

(b) The decision as to whether or on gent conditions. The likely impact or the what conditions a permit authorizing a existing impact of the discharge on the discharge will issue will be based upon quality and uses of the receiving body of an evaluation as to how such discharge water where no adequate water quality will meet applicable requirements under standards exist also will have to be taken the Act and other applicable laws and into account. The possibility of occurregulations. Subsequent to the taking of rence and the probability of effects of necessary implementing actions relating spills of materials from the point source to such requirements, all discharges in shall be considered. The objections of any order to receive a permit must meet the State or interstate agency whose waters applicable requirements of sections 301, may be affected by the discharge shall 302, 306, 307, 308, and 403, and all regu- be duly considered when making any lations pertaining thereto.

permit decision. (c) In the period of time prior to the (d) Any permit issued for the distaking of necessary implementing actions charge of pollutants into the navigable relating to all applicable requirements waters from & vessel or other floating under sections 301, 302, 306, 307, 308, and craft shall be subject to any applicable 403 of the Act, the Administrator may regulations promulgated by the Secretary issue permits under such conditions as of the department in which the Coast he determines are necessary to carry out Guard is operating, establishing specifithe provisions of the Act. Any permit cations for safe transportation, handling, issued shall include any conditions and carriage, storage, and stowage of limitations necessary to insure compli- pollutants. ance with any applicable requirements

§ 125.12 Application for a permit. of sections 301, 302, 306, 307, 308, and 403 that become applicable prior to the

(a) An applicant for a permit may issuance of the permit. Foremost among secure the required application form(s) other factors to be considered prior to

from the Regional Administrator. Applithe taking of the necessary implementing

cation form(s) must be filed with the actions is the requirement for abate- Regional Administrator. ment measures designed to achieve, not (b) Any person who applied for a perlater than July 1, 1977, best practicable mit under the Refuse Act permit pro(waste) control technology currently gram operating under rules promulgated available for the particular point source

in the FEDERAL REGISTER On April 7, 1971, (other than publicly owned treatment 33 CFR 209.131 and whose application works) as determined by the Regional has not been denied is not required to Administrator based upon information apply for a permit under these regulaavailable to him and his professional tions unless the discharge described in judgment taking into account the intent the application for a Refuse Act permit of sections 301, 302, 306, 307, 308, and has substantially changed in nature, vol403 of the Act. Likewise, publicly owned ume, or frequency. Such Refuse Act pertreatment works must achieve secondary mit application shall be considered to be treatment by July 1, 1977, or in accord- an application under the NPDES and ance with the period specified in section shall be treated accordingly. 301(b) (1) (B) of the Act. Furthermore, (c) Any person now discharging any permit issued shall include any more whose discharge was not covered by the stringent condition pursuant to section Refuse Act permit program but which 301(b) (1) (C) of the Act as is necessary is now subject to the NPDES must apply to insure compliance with any limita- for a permit on or before April 16, 1973. tion, including those necessary to meet (d) Any person whose discharge beapplicable water quality standards, gan or will begin during the period of treatment standards, or schedules of October 18, 1972, through July 15, 1973, compliance, established pursuant to any inclusive, must apply for a permit not State law or regulation (under authority later than 60 days in advance of the date preserved by section 510 of the Act) or on which the discharge is to commence any other Federal law or regulation, or unless permission for a later application required to implement any applicable date has been granted by the Regional water quality standard established pur- Administrator. suant to the Act. Plans prepared pursu- (e) Any person whose discharge will ant to section 303(e) of the Act or similar begin on or after July 16, 1973, must apanalyses, if available, should be em- ply for a permit no later than 180 days ployed in establishing such more strin- in advance of the date on which the

discharge is to commence unless permis- trade, and all other commercial estabsion for a later application date has been lishments, including vessels, not engaged granted by the Regional Administrators. in manufacturing or agriculture) or any

(f) An application submitted by a cor- other information available to the Re. poration must be signed by a principal gional Administrator indicates any of the executive officer of at least the level of following, the applicant shall be required vice president, or his duly authorized to complete, sign, and submit a Standrepresentative, if such representative is ard Form C: responsible for the overall operation of (i) The discharges from the facility the facility from which the discharge de- have a total volume of 50,000 gallons on scribed in the application form origi- any day of the year; nates. In the case of a partnership or a (ii) The discharges affect the water of sole proprietorship the application must any State other than the State of origin; be signed by a general partner or the or, proprietor respectively. In the case of a (iii) The discharges contain or may municipal, State, Federal or other public contain toxic pollutants. facility, the application must be signed (3) In addition to paragraph (h) by either a principal executive officer, (1) or (2) of this section, an applicant ranking elected official, or other duly shall complete, sign, and submit the authorized employee.

appropriate standard form if the Re(g) Except as provided in § 125.12 (b) gional Administrator determines that and (h) (4) and except as provided by such submission is necessary to deterthe Administrator in regulations issued mine whether or not and upon what under the act, any person discharging conditions a permit should be issued for or who proposes to discharge pollutants the discharges identified in the short shall complete, sign, and submit an form. NPDES application short form in ac- (4) Any applicant may submit a cordance with the instructions provided standard form without prior submission with such form.

of a short form if he complies with all (h) (1) If the information submitted applicable filing dates and requirements. by an applicant for an NPDES permit in (i) (1) Upon submission of an NPDES Short Form A (relating to municipal application short form to the Regional wastewater treatment facilities) or any Administrator an applicant shall pay a other information available to the fee of $10 per application. Regional Administrator indicates any of (2) Upon submission of an NPDES the following, the applicant shall be re- application standard form to the Required to complete, sign and submit a gional Administrator an applicant shall Standard Form A:

pay a fee of $100 per application. If there (i) The discharges from the facility is more than one outlet from which the have a total volume of more than 5 discharge will flow, an additional $50 will million gallons on any day of the year; be charged for each additional outlet. (ii) The facility serves a po

lation in

(3) Any applicant submitting an excess of 10,000; or

NPDES application standard form to (iii) The facility receives wastes from the Regional Administrator who previan industrial user and such wastes

ously filed an NPDES application short (A) Have a total volume of more than form with the Regional Administrator 50,000 gallons on any day of the year, may deduct from the fee submitted with (B) Contain toxic pollutants,

the standard form the amount previously (C) Have a total volume which con- submitted with the short form. stitutes more than 1 percent of the vol- (4) If an applicant submits an NPDES ume of the total discharge from the application standard form to the Refacility on any day of the year, or gional Administrator without prior sub

(D) In combination with other dis- mission of an NPDES application short charges into the facility interfere with

form pursuant to $ 125.12(h)(3), he the operation of the facility or adversely

shall pay the fee specified in paragraph affect the quality of the discharge from

(i) (2) of this section without the submisthe facility. (2) If the information submitted by

sion or deduction of the fee specified in an applicant for a permit on Short Form

paragraph (i) (1) of this section. C (relating to manufacturing establish- (5) Agencies or instrumentalities of ments and mining) or in Short Form D Federal, State, or local governments will (relating to services, wholesale and retail not be required to pay any fee in con

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