other limitation, prohibition, or standard.

(bb) The term "sewage from vessels" means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes, that are discharged from vessels.

(cc) The term "sewage sludge" means the solids and precipitates separated from municipal sewage and industrial wastes of a liquid nature by the unit processes of a treatment works.

(dd) The term "State" means a State, the District of Columbia, Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.

(ee) The term "State water pollution control agency" means the State agency designated by the Governor having responsibility for enforcing State laws relating to the abatement of pollution.

(ff) The term "territorial seas" means the belt of the seas measured from the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters, and extending seaward a distance of 3 miles.

(gg) The

term "treatment works" means any facility, method or system for the storage, treatment, recycling, or reclamation of municipal sewage or industrial wastes of a liquid nature, including waste in combined storm water and sanitary sewer systems.

§ 125.2 Scope and purpose.

(a) (1) The regulations in this part prescribe the policy and procedures to be followed in connection with applications for federally issued permits authorizing discharges into the navigable waters, the waters of the contiguous zone, and the oceans, during the periods that the Administrator of the Environmental Protection Agency is authorized to issue such permits pursuant to sections 402 and 405 of the Act.

(2) The regulations in this part also prescribe the policy and procedures to be followed in connection with permits authorizing discharges into the navigable waters, the waters of the contiguous zone, and the oceans from any agency or instrumentality of the Federal Government and from any Indian activity on Indian lands.

(b) The regulations in this part do not prescribe policy or procedures for the issuance of permits by States under pro

grams approved by the Administrator pursuant to section 402(b) of the Act. Such State programs do not cover agencies and instrumentalities of the Federal Government and Indian activities on Indian lands under the jurisdiction of the United States.

§ 125.3 Law authorizing permits.

(a) Section 301 (a) of the Act provides that "Except as in compliance with this section and sections 302, 306, 307, 318, 402, and 404 of this Act, the discharge of any pollutant by any person shall be unlawful."

(b) Section 402 of the Act establishes the NPDES. This section provides, in part, that "the Administrator may, after opportunity for public hearing, issue a permit for the discharge of any pollutant, or combination of pollutants, * * * upon condition that such discharge will meet either all applicable requirements under sections 301, 302, 306, 307, 308, and 403 of [the] Act, or 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 [the] Act."

(c) Section 405 of the Act prohibits the disposal of sewage sludge where any pollutant from such sludge would enter navigable waters except in accordance with a permit issued by the Administrator under section 405. This section provides in part that "in any case where the disposal of sewage sludge resulting from the operation of a treatment works * * (including the removal of in-place sewage sludge from one location and its deposit at another location) would result in any pollutant from such sewage sludge entering the navigable waters, such disposal is prohibited except in accordance with a permit issue by the Administrator under this section."

(d) Unless specifically noted to the contrary, all provisions of these regulations concerning permits under section 402 of the Act are applicable to permits under section 405 of the Act.

shall not be construed to apply to rubbish, trash, garbage, or other such materials discharged overboard; nor to discharges when the vessel is operating in a capacity other than a vessel such as when a vessel is being used as a storage facility or a cannery;

(b) Water, gas, or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil or gas production and disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by authority of the State in which the well is located and if such State determines that such injection or disposal will not result in the degradation of ground or surface water resources;

(c) Approved aquaculture projects; (d) Dredged or fill material discharged into navigable waters;

(e) Additions of sewage, industrial wastes or other materials into publicly owned treatment works. (This exclusion applies only to the actual addition of materials into the publicly owned treatment works. Plans or agreements to make such additions in the future do not relieve dischargers of the obligation to apply for and receive permits until the discharges of pollutants to navigable waters are actually eliminated. It also should be noted that in all appropriate cases, pretreatment standards promulgated by the Administrator pursuant to section 307(b) of the Act must be complied with.);

(f) Uncontrolled discharges composed entirely of storm runoff when these discharges are uncontaminated by any industrial or commercial activity, unless the particular storm runoff discharge has been identified by the Regional Administrator, the State water pollution control agency or an interstate agency as a significant contributor of pollution. (It is anticipated that significant contributors of pollution will be identified in connection with the development of plans pursuant to section 303 (e) of the Act. This exclusion applies only to separate storm sewers. Discharges from combined sewers and bypass sewers are not excluded.)

(g) Any discharge of any pollutant when such discharge conforms with the national contingency plan for removal of oil and hazardous substances, published pursuant to subsection 311 (c) (2) of the act.

§ 125.5 Delegation of authority.

(a) Subject to the appeal provisions of § 125.34 of these regulations and the national security responsibility provision of § 125.35(c) of these regulations, the following authorities are hereby delegated to each of the Regional Administrators for the area which he administers.

(1) The authority to issue and condition permits or to deny applications for permits for discharge covered by the NDPES and by section 405 of the act.

(2) The authority pursuant to section 402(d)(1) of the act to receive from a State a copy of each permit application received by such State and to receive notice of every action related to the consideration of such permit application, including each permit proposed to be issued by such State.

(3) The authority pursuant to section 402(d) (2) (A) of the act to object in writing to the issuance of any permit within 90 days of the date of his notification under section 402(b) (5) of the act.

(4) The authority pursuant to section 402(d) (2) (B) of the act to object in writing within 90 days of his receipt of a proposed permit from a State where he finds that the issuance of such permit would be outside of the guidelines and requirements of the Act.

(b) The authority granted to the Administrator by section 308(a), and if exercised in conformance with § 125.35 of these regulations, section 308(b) of the Act is hereby delegated to each of the Regional Administrators for the area which he administers.

(c) These authorities may be redelegated to the Director, Enforcement Division, of each region.

Subpart B-Processing of Permits § 125.11 General provisions.

(a) All discharges of pollutants or combination of pollutants from all point sources into the navigable waters, the waters of the contiguous zone, or the ocean are unlawful and subject to the penalties provided by the Act, unless the discharger has a permit or is specifically relieved by law or regulation from the obligation of obtaining a permit. A discharge authorized by a permit must be consistent with the terms and conditions of such permit. Discharges in violation of permit terms and conditions may result in the institution of proceedings under the Act.

(b) The decision as to whether or on what conditions a permit authorizing a discharge will issue will be based upon an evaluation as to how such discharge will meet applicable requirements under the Act and other applicable laws and regulations. Subsequent to the taking of necessary implementing actions relating to such requirements, all discharges in order to receive a permit must meet the applicable requirements of sections 301, 302, 306, 307, 308, and 403, and all regulations pertaining thereto.

(c) In the period of time prior to the taking of necessary implementing actions relating to all applicable requirements under sections 301, 302, 306, 307, 308, and 403 of the Act, the Administrator may issue permits under such conditions as he determines are necessary to carry out the provisions of the Act. Any permit issued shall include any conditions and limitations necessary to insure compliance with any applicable requirements of sections 301, 302, 306, 307, 308, and 403 that become applicable prior to the issuance of the permit. Foremost among other factors to be considered prior to the taking of the necessary implementing actions is the requirement for abatement measures designed to achieve, not later than July 1, 1977, best practicable (waste) control technology currently available for the particular point source (other than publicly owned treatment works) as determined by the Regional Administrator based upon information available to him and his professional judgment taking into account the intent of sections 301, 302, 306, 307, 308, and 403 of the Act. Likewise, publicly owned treatment works must achieve secondary treatment by July 1, 1977, or in accordance with the period specified in section 301(b) (1) (B) of the Act. Furthermore, any permit issued shall include any more stringent condition pursuant to section 301(b) (1) (C) of the Act as is necessary to insure compliance with any limitation, including those necessary to meet applicable water quality standards, treatment standards, or schedules of compliance, established pursuant to any State law or regulation (under authority preserved by section 510 of the Act) or any other Federal law or regulation, or required to implement any applicable water quality standard established pursuant to the Act. Plans prepared pursuant to section 303 (e) of the Act or similar analyses, if available, should be employed in establishing such more strin

gent conditions. The likely impact or the existing impact of the discharge on the quality and uses of the receiving body of water where no adequate water quality standards exist also will have to be taken into account. The possibility of occurrence and the probability of effects of spills of materials from the point source shall be considered. The objections of any State or interstate agency whose waters may be affected by the discharge shall be duly considered when making any permit decision.

(d) Any permit issued 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 pollutants.

§ 125.12 Application for a permit.

of

(a) An applicant for a permit may secure the required application form(s) from the Regional Administrator. Application form(s) must be filed with the Regional Administrator.

(b) Any person who applied for a permit under the Refuse Act permit program operating under rules promulgated in the FEDERAL REGISTER on April 7, 1971, 33 CFR 209.131 and whose application has not been denied is not required to apply for a permit under these regulations unless the discharge described in the application for a Refuse Act permit has substantially changed in nature, volume, or frequency. Such Refuse Act permit application shall be considered to be an application under the NPDES and shall be treated accordingly.

(c) Any person now discharging whose discharge was not covered by the Refuse Act permit program but which is now subject to the NPDES must apply for a permit on or before April 16, 1973.

(d) Any person whose discharge began or will begin during the period of October 18, 1972, through July 15, 1973, inclusive, must apply for a permit not later than 60 days in advance of the date on which the discharge is to commence unless permission for a later application date has been granted by the Regional Administrator.

(e) Any person whose discharge will begin on or after July 16, 1973, must apply for a permit no later than 180 days in advance of the date on which the

discharge is to commence unless permission for a later application date has been granted by the Regional Administrators.

(f) An application submitted by a corporation must be signed by a principal executive officer of at least the level of vice president, or his duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the application form originates. In the case of a partnership or a sole proprietorship the application must be signed by a general partner or the proprietor respectively. In the case of a municipal, State, Federal or other public facility, the application must be signed by either a principal executive officer, ranking elected official, or other duly authorized employee.

(g) Except as provided in § 125.12 (b) and (h) (4) and except as provided by the Administrator in regulations issued under the act, any person discharging or who proposes to discharge pollutants shall complete, sign, and submit an NPDES application short form in accordance with the instructions provided with such form.

(h) (1) If the information submitted by an applicant for an NPDES permit in Short Form A (relating to municipal wastewater treatment facilities) or any other information available to the Regional Administrator indicates any of the following, the applicant shall be required to complete, sign and submit a Standard Form A:

(i) The discharges from the facility have a total volume of more than 5 million gallons on any day of the year;

(ii) The facility serves a population in excess of 10,000; or

(iii) The facility receives wastes from an industrial user and such wastes

(A) Have a total volume of more than 50,000 gallons on any day of the year,

(B) Contain toxic pollutants,

(C) Have a total volume which constitutes more than 1 percent of the volume of the total discharge from the facility on any day of the year, or

(D) In combination with other discharges into the facility interfere with the operation of the facility or adversely affect the quality of the discharge from the facility.

(2) If the information submitted by an applicant for a permit on Short Form C (relating to manufacturing establishments and mining) or in Short Form D (relating to services, wholesale and retail

trade, and all other commercial establishments, including vessels, not engaged in manufacturing or agriculture) or any other information available to the Regional Administrator indicates any of the following, the applicant shall be required to complete, sign, and submit a Standard Form C:

(i) The discharges from the facility have a total volume of 50,000 gallons on any day of the year;

(ii) The discharges affect the water of any State other than the State of origin; or,

(iii) The discharges contain or may contain toxic pollutants.

(3) In addition to paragraph (h) (1) or (2) of this section, an applicant shall complete, sign, and submit the appropriate standard form if the Regional Administrator determines that such submission is necessary to determine whether or not and upon what conditions a permit should be issued for the discharges identified in the short form.

(4) Any applicant may submit a standard form without prior submission of a short form if he complies with all applicable filing dates and requirements.

(i) (1) Upon submission of an NPDES application short form to the Regional Administrator an applicant shall pay a fee of $10 per application.

(2) Upon submission of an NPDES application standard form to the Regional Administrator an applicant shall pay a fee of $100 per application. If there is more than one outlet from which the discharge will flow, an additional $50 will be charged for each additional outlet.

(3) Any applicant submitting an NPDES application standard form to the Regional Administrator who previously filed an NPDES application short form with the Regional Administrator may deduct from the fee submitted with the standard form the amount previously submitted with the short form.

(4) If an applicant submits an NPDES application standard form to the Regional Administrator without prior submission of an NPDES application short form pursuant to § 125.12 (h) (3), he shall pay the fee specified in paragraph (i) (2) of this section without the submission or deduction of the fee specified in paragraph (i) (1) of this section.

(5) Agencies or instrumentalities of Federal, State, or local governments will not be required to pay any fee in con

nection with the filing of an NPDES application.

(6) Checks and money orders shall be made out to the order of Environmental Protection Agency.

(j) Permittees who wish to continue to discharge subsequent to the expiration date of their permit must apply for reissuance of the permit using proper forms, not less than 180 days prior to the permit expiration date.

§ 125.13

Access to facilities and further information during evaluation of the application.

Permit application forms are designed to fit the normal situation for most facilities in the United States. In many cases however, further information and site visits may be necessary in order to evaluate the discharge completely and accurately. When the Regional Administrator determines that either further information or a site visit is necessary in order for the Environmental Protection Agency to evaluate the discharge, he shall so notify the applicant and in addition provide a date no later than 60 days hence by which time arrangements will have been made for receipt of the requested information and/or scheduling of the site visit. In the event that a satisfactory response is not received the permit may be issued or denied and the applicant so notified. Sections 308, 309, and 402(k) of the act provide for sanctions in the event of noncompliance with reasonable requests for additional information.

§ 125.14 Distribution of application and permit.

(a) When an application for a permit is received Regional Administrators shall determine if the applicant has provided all of the information required by the application form and by this section.

(b) In order to assure that the Secretary of the Army acting through the Chief of Engineers has adequate time to evaluate the impact of the proposed discharge on anchorage and navigation, Regional Administrators will forward to the District Engineer in the appropriate district one copy of the application form immediately upon its receipt in the regional office in completed form. Accompanying the application will be notice that the Environmental Protection Agency has received a request for a permit to discharge and that the District Engineer has a stated number of days

to evaluate the impact of granting such permit upon anchorage and navigation and to advise the Regional Administrator of his evaluation. District Engineers of the Corps of Engineers will normally be given 30 days to evaluate the impact on anchorage and navigation. Where the Regional Administrator finds that less time should be allowed he should so advise the District Engineer of such lesser period of time while at the same time outlining his reasons for such lesser period of time. In all cases the Regional Administrator should advise the District Engineer that failure to answer within the allotted period of time will be deemed to be a finding that anchorage and navigation will not be substantially impaired by granting of this permit. Where the District Engineer advises the Regional Administrator that anchorage and navigation of any of the navigable waters would be substantially impaired by the granting of a permit, such permit will be denied and the applicant shall be so notified. Where the District Engineer advises the Regional Administrator that the imposition of specified conditions upon the permit is necessary to avoid any substantial impairment of any of the navigable waters, then the Regional Administrator shall include in the permit those conditions so specified by the District Engineer. Where the District Engineer notifies the Regional Administrator that more time is needed for his evaluation more time will be granted where it appears that the public interest warrants such extension.

(c) Upon receipt of an application which does not include a State certification where such certification is required by section 401 of the Act, the Regional Administrator will make available one copy of the application form to the State water pollution control agency for the State in which the discharge occurs or will occur. Accompanying the application will be a statement by the Regional Administrator that a request for a permit has been received by the Environmental Protection Agency, and that before the Agency can act upon such request, the State must (1) certify that the discharge will comply with the applicable provisions of sections 301, 302, 306, and 307 or (2) certify that there are no applicable effluent or other limitations under sections 301 and 302 and there are no applicable standards under sections 306 and 307, or (3) deny such certification