Page images

nection with the filing of an NPDES ap- to evaluate the impact of granting such plication.

permit upon anchorage and navigation (6) Checks and money orders shall and to advise the Regional Administrator be made out to the order of Environ- of his evaluation. District Engineers of mental Protection Agency.

the Corps of Engineers will normally be (j) Permittees who wish to continue given 30 days to evaluate the impact on to discharge subsequent to the expira- anchorage and navigation. Where the tion date of their permit must apply for Regional Administrator finds that less reissuance of the permit using proper time should be allowed he should so adforms, not less than 180 days prior to vise the District Engineer of such lesser the permit expiration date.

period of time while at the same time § 125.13 Access to facilities and further

outlining his reasons for such lesser information during evaluation of the

period of time. In all cases the Regional application.

Administrator should advise the Dis

trict Engineer that failure to answer Permit application forms are designed

within the allotted period of time will to fit the normal situation for most facili

be deemed to be a finding that anchorties in the United States. In many cases age and navigation will not be substanhowever, further information and site

tially impaired by granting of this pervisits may be necessary in order to evalu

mit. Where the District Engineer adate the discharge completely and accu- vises the Regional Administrator that rately. When the Regional Administrator

anchorage and navigation of any of the determines that either further informa

navigable waters would be substantially tion or a site visit is necessary in order

impaired by the granting of a permit, for the Environmental Protection Agency such permit will be denied and the apto evaluate the discharge, he shall so

plicant shall be so notified. Where the notify the applicant and in addition

District Engineer advises the Regional provide a date no later than 60 days

Administrator that the imposition of hence by which time arrangements will specified conditions upon the permit is have been made for receipt of the re

necessary to avoid any substantial imquested information and/or scheduling

pairment of any of the navigable waters, of the site visit. In the event that a satis

then the Regional Administrator shall factory response is not received the per

include in the permit those conditions mit may be issued or denied and the ap- so specified by the District Engineer. plicant so notified. Sections 308, 309, and

Where the District Engineer notifies the 402(k) of the act provide for sanctions Regional Administrator that more time in the event of noncompliance with rea- is needed for his evaluation more time sonable requests for additional informa

will be granted where it appears that tion.

the public interest warrants such $ 125.14 Distribution of application and

extension. permit.

(c) Upon receipt of an application

which does not include a State certifica(a) When an application for a permit

tion where such certification is required is received Regional Administrators shall

by section 401 of the Act, the Regional determine if the applicant has provided

Administrator will make available one all of the information required by the

copy of the application form to the State application form and by this section.

water pollution control agency for the (b) In order to assure that the Sec

State in which the discharge occurs or retary of the Army acting through the

will occur. Accompanying the application Chief of Engineers has adequate time

will be a statement by the Regional Adto evaluate the impact of the proposed

ministrator that a request for a permit discharge on anchorage and navigation,

has been received by the Environmental Regional Administrators will forward to

Protection Agency, and that before the the District Engineer in the appropriate

Agency can act upon such request, the district one copy of the application form

State must (1) certify that the discharge immediately upon its receipt in the re

will comply with the applicable provigional office in completed form. Accom

sions of sections 301, 302, 306, and 307 panying the application will be notice or (2) certify that there are no applithat the Environmental Protection cable effluent or other limitations under Agency has received a request for a per- sections 301 and 302 and there are no mit to discharge and that the District applicable standards under sections 306 Engineer has a stated number of days and 307, or (3) deny such certification

[ocr errors][merged small]

or (4) waive its right to certify or to deny of the discharge on fish, shellfish, and such certification. The Regional Admin- wildlife resources will be 30 days. In all istrator must also state that such certifi- cases the Regional Administrator should cation or denial must be received within advise the agencies that failure to ana specified reasonable period of time or swer within the allotted period of time a waiver will be deemed to have occurred. will be deemed to be a statement that

(d) Upon receipt of an application the agencies do not choose to comment from a Federal facility the Regional Ad- at this time. Where the agencies advise ministrator shall make one copy of the the Regional Administrator that the imapplication form available to the State position of specified conditions upon the water pollution control agency for the permit is necessary to avoid substantial State in which the discharge will occur. impairment of the fish, shellfish, or wildAccompanying the application will be life resources, the Regional Administrator statement by the Regional Administrator may include in the permit those condithat a request for a permit has been re- tions so specified by the agencies. Where ceived by the Environmental Protection the agency notifies the Regional AdAgency and that the Environmental Pro- ministrator that more time is needed for tection Agency would appreciate receiv- its evaluation more time will be granted ing from the State its comment on the where it appears to the Regional Addischarge and any condition that the ministrator that the public interest warState would recommend applying to any rants such extension. permit that might issue for the dis- (2) Similar arrangements should be charge. The State should be requested agreed upon by appropriate oficials of specifically to provide what conditions the Department of Interior and Regional it believes necessary in order that the Administrators concerning the review of discharge will comply with sections 301, permits which involve disposal of wastes 302, 306, 307, and 313 of the Act.

to groundwater. (e) Regional Administrators shall as- (g) If a permit issues, a copy of the sist applicants for permits in coordinat- permit and, if not previously transmiting the requirements of the Act with ted, a copy of the application form shall those of appropriate public health be transmitted to the State in which the agencies.

discharge is located. Copies of these (f) (1) Complete copies of all appli- documents shall be available for inspeccations filed with the Environmental tion and reproduction by the public in Protection Agency subsequent to June 1, the regional office. 1973, shall be furnished to the Depart- (38 FR 13528, May 22, 1973, as amended at ment of the Interior and Department 38 FR 14168, May 30, 1973] of Commerce for comment, provided

§ 125.15 State certification. that these agencies may waive their right to receive any permit applications or (a) Section 401(a)(1) of the Act, procategories thereof. Regional Administra- vides that “Any applicant for a Federal tors shall meet with appropriate officials license or permit to conduct any activity of the Department of Interior and De- including, but not limited to, the conpartment of Commerce in order to reach struction or operation of facilities, which agreement as to which existing applica- may result in any discharge into the navtion forms (filed prior to June 1, 1973) igable waters, shall provide the licensing those agencies are to receive. Complete or permitting agency a certification from copies of all application forms requested

the State in which the discharge origshall be made available to those agen- inates or will originate, or, if appropriate, cies for comment. When an application

from the interstate water pollution conis transmitted to these agencies, accom- trol agency having jurisdiction over the panying it will be a notice that the navigable waters at the point where the Envionmental Protection Agency has re- discharge originates or will originate, ceived a request for a permit to discharge that any such discharge will comply with and that the agencies have a stated num- the applicable provisions of sections 301, ber of days in which to evaluate the 302, 306, and 307 of the Act. In the case impact of granting such permit upon of any such activity for which there is the fish, shellfish, and wildlife resources not an applicable effluent limitation or of the State in which the discharge will other limitation under sections 301(b) occur, and to advise the Regional Admin- and 302, and there is not an applicable istrator of their evaluations. The normal standard under sections 306 and 307, the period of time to evaluate the effects State shall so certify." Where certifica

tion is required, no license or permit shall tions 301, 302, 306, and 307 and such be granted until the certification has certification was denied. been obtained or has been waived. A (b) No permit shall be issued where waiver occurs when the certifying pursuant to section 401(a) (2) of the Act, agency fails or refuses to act on a request the imposition of conditions cannot infor certification, within a reasonable pe- sure compliance with the applicable riod of time (which shall not exceed 1 water quality requirements of all affected year) after receipt of such request. Three States. months shall generally be considered to (c) No permit shall be issued if, in the be a reasonable period of time. If, how- judgment of the Secretary of the Army ever, special circumstances identified by acting through the Chief of Engineers, the Regional Administrator require that anchorage and navigation of any of the action on a permit application be taken navigable waters would be substantially within a more limited period of time, impaired by the discharge. the Regional Administrator shall deter- (d) No permit shall be issued for the mine a reasonable lesser period of time, discharge of any radiological, chemical, advise the certifying agency of the need or biological warfare agent or high-level for action by a particular date and that, radioactive waste into the navigable if certification is not received by the date waters. established, it will be considered that (e) No permit shall be issued for any the requirement for certification has discharge from a point source in conflict been waived. Similarly, if it appears that with a plan or an amendment thereto circumstances may reasonably require a approved pursuant to section 208(b) of period of time longer than 3 months, the the Act. Regional Administrator may afford the (f) No permit shall be issued for any certifying agency up to 1 year to provide discharge to the territorial sea, the the required certification before deter- waters of the contiguous zone, or the mining that a waiver has occurred. oceans, prior to the promulgation of Where such extension of time is made guidelines under section 403(c) of the at the request of the certifying agency, Act unless the Regional Administrator the request must be in writing and must determines it to be in the public interest. include the reasons for the request.

(g) No permit shall be issued for any (b) Any certification provided shall discharge to the territorial sea, the set forth any effluent limitations and waters of the contiguous zone, or the other limitations, and monitoring re- oceans, after promulgation of guidelines quirements necessary to insure compli- under section 403(c) except in compliance with any applicable effluent limita- ance with such guidelines. tions and other limitations under sec- (h) No permit shall be issued for any tions 301 or 302 of the Act, standard of

discharge to the territorial sea, the performance under section 306 of the

waters of the contiguous zone, or the Act, or prohibition, effluent standard, or

oceans, subsequent to the promulgation

of guidelines pursuant to section 403(c) pretreatment standard under section

of the Act, where insufficient informa307 of the Act, and with any other ap

tion exists to make a reasonable judgpropriate requirement of State law set

ment as to whether the discharge comforth in such certification.

plies with any such guidelines. (c) Discharges from agencies or in

$ 125.22 Conditions of permits. strumentalities of the Federal Government, as provided in section 401(a) (6) (a) Regional Administrators shall inof the Act, do not require certification

sure that the terms and conditions of all pursuant to section 401.

issued permits provide for and insure the

following: Subpart C—Terms and Conditions of

(1) That all discharges authorized by Permits

the permit shall be consistent with the & 125.21 Prohibitions.

terms and conditions of the permit; that

facility expansions, production increases, (a) No permit shall be issued in cases

or process modifications which result in where the applicant, pursuant to sec- new or increased discharges of pollutants tion 401 of the Act, is required to ob- must be reported by submission of a new tain a state or other appropriate certifi- application, or, if such discharge does cation that the discharge will comply not violate effluent limitations specified with the applicable provisions of sec- in the permit, by submission to the Re

97-025-73 -52


gional Administrator of notice of such (6) That if a toxic effluent standard or new or increased discharges of pol- prohibition (including any schedule of lutants; that the discharge of any pol- compliance specified in such effluent lutant more frequently than or at a level standard or prohibition) is established in excess of that identified and author- under section 307(a) of the Act for a ized by the permit shall constitute a toxic pollutant which is present in the violation of the terms and conditions of permittee's discharge and such standard the permit;

or prohibition is more stringent than any (2) That following notice and oppor- limitation upon such pollutant in the tunity for a public hearing the permit permit, the Regional Administrators may be modified, suspended, or revoked shall revise or modify the permit in acin whole or in part during its term for cordance with the toxic effluent standard cause including, but not limited to, the or prohibition and notify the following:

permittee. (i) Violation of any terms or condi- (b) Permits shall also include such tions of the permit;

special conditions as are necessary to (ii) Obtaining a permit by misrepre- assure compliance with applicable efflusentation or failure to disclose fully all ent limitations or other water quality relevant facts; and,

requirements including schedules of com(iii) A change in any condition that pliance, treatment standards, and such requires either a temporary or perma- other conditions as the Regional Adminnent reduction or elimination of the per- istrator considers necessary or approprimitted discharge;

ate to carry out the provisions of the (3) That the permittee shall permit Act. Permits shall also contain such other the Regional Administrator or his au- conditions as the District Engineer of the thorized representative, and/or the au- Corps of Engineers considers to be necesthorized representative of the State sary to insure that navigation and anwater pollution control agency in the chorage will not be substantially imcase of non-Federal facilities, upon the paired. Also, conditions recommended by presentation of his credentials:

State water pollution control officials, (i) To enter upon the permittee's Federal and State fish, shellfish, and premises in which an effluent source is wildlife resources officials, or other govlocated or in which any records are re- ernmental officials may be added to perquired to be kept under terms and condi- mits if the Regional Administrator betions of the permit;

lieves such recommended conditions will (ii) To have access to and copy at aid in carrying out the purposes of the reasonable times any records required to Act. Furthermore, all permits will be be kept under terms and conditions of conditioned upon achieving compliance the permit;

with any applicable effluent limitations (iii) To inspect at reasonable times and other limitations, and monitoring any monitoring equipment or method re- requirements set forth in any certificaquired in the permit; or

tion issued pursuant to section 401 of the (iv) To sample at reasonable times Act. any discharge of pollutants.

$ 125.23 Schedules of compliance in (4) That the permittee shall at all

permits. times maintain in good working order and operate as efficiently as possible any

Regional Administrators shall follow facilities or systems of control installed the procedures below in setting schedor utilized by the permittee to achieve ules of compliance in permits: compliance with the terms and condi- (a) With respect to any discharge tions of the permit.

which is not in compliance with appli(5) The issuance of a permit does not cable effluent standards and limitations, convey any property rights either in real applicable water quality standards, and estate or material, or any exclusive priv- other applicable requirements, the perileges, nor does it authorize any injury

mittee shall be required to take specific to private property or invasion of rights, steps to achieve compliance with the nor any infringement of Federal, State, following: or local laws or regulations; nor does it (1) Any schedule of compliance conobviate the necessity of obtaining State tained in: or local assent required by law for the (1) Applicable effluent standards and discharge authorized.

limitations; or,

(ii) Water quality standards, if more stringent; or,

(iii) Any other legally applicable requirements, if more stringent.

(2) In the absence of any applicable schedule of compliance, in the shortest reasonable period of time, such period to be consistent with the guidelines and requirements of the Act.

(b) In any case where the period of time for compliance specified in paragraph (a) of this section exceeds 9 months, a schedule of compliance shall be specified in the permit which will set forth interim requirements and the dates for their achievement; in no event shall more than 9 months elapse between interim dates. If the time necessary for completion of the interim requirement (such as the construction of a treatment facility) is more than 9 months and is not readily divided into stages for completion, interim dates shall be specified for the submission of reports of progress toward completion of the interim requirement. For each permit schedule of compliance, interim dates and the final date for compliance shall, to the extent practicable, fall on the last day of the months of March, June, September, and December.

(c) Not later than 14 days following each interim date and the final date of compliance the permittee shall provide the Regional Administrator with written notice of the permittee's compliance or noncompliance with the interim or final requirements.

(d) The Regional Administrator may, upon request of the applicant, and after public notice, revise or modify a schedule of compliance in an issued permit he determines good and valid cause (such as an act of God, strike, flood, materials shortage, or other event over which the permittee has little or no control) exists for such revision. All revisions or modifications made pursuant to this subsection during the period ending 30 days prior to the date of preparation of such list, shall be included in the list prepared by the Regional Administrator pursuant to $ 125.23(e) below.

(e) On the last day of the months of February, May, August, and November the Regional Administrator shall prepare a list of all instances, as of 30 days prior to the date of such report, of failure or refusal of a permittee to comply with an interim or final requirement or to notify the Regional Administrator of

compliance or noncompliance with each interim or final requirement (as required pursuant to (b) above). Such list shall be available to the public for inspection and copying and shall contain at least the following information with respect to each instance of noncompliance:

(1) Name and address of each noncomplying permittee;

(2) A short description of each instance of noncompliance (e.g., failure to submit preliminary plans, 2-week delay in commencement of construction of treatment facility; failure to notify the Regional Administrator of compliance with interim requirement to complete construction by June 30, etc.);

(3) A short description of actions or proposed actions by the permittee or the Regional Administrator to comply or enforce compliance with the interim or final requirement; and

(4) Any details which tend to explain or mitigate an instance of noncompliance with an interim or final requirement (e.g., construction delayed due to materials shortage, plan approval delayed by objections from State fish and wildlife agency). $ 125.24 Emuent limitations in permits.

(a) In the application of effluent standards and limitations, water quality standards, and other applicable requirements, the Regional Administrator shall, for each permit, specify average and maximum daily quantitative limitations for the level of pollutants in the authorized discharge in terms of weight (except pH, temperature, radiation, and any other pollutants not appropriately expressed by weight, and except for discharges whose constituents cannot be appropriately expressed by weight). The Regional Administrator may, in his discretion, in addition to the specification of daily quantitative limitations by weight, specify other limitations, such as average or maximum concentration limits, for the level of pollutants in the authorized discharge. Effluent limitations for multiproduct operations shall provide for appropriate waste variations from such plants. Where a schedule of compliance is included as a condition in a permit, effluent limitations shall be included for the interim period as well as for the period following the final compliance date.

(b) Notwithstanding any other provision in the regulations in this part, any

« PreviousContinue »