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of pollutants, as prescribed in § 131.211 of this chapter. § 130.30 Monitoring and surveillance.
(a) The process shall provide for a monitoring and surveillance program which is designed to assure collection of data necessary to establish and review water quality goals, determine maximum daily loads, load allocations and effluent limitations, as described in $ $ 130.24 and 130.25; establish the relationship between water quality and individual discharges and identify non-point sources of pollutants.
(b) Each monitoring and surveillance program shall include a program for producing the annual reports required under section 305(b), beginning with the report required by January 1, 1975. (See $ 130.55.) $ 130.31 Intergovernmental cooperation.
(a) The process shall provide that in the preparation of basin plans, areawide and local planning inputs will be reviewed and will be included in the basin plan as appropriate. (See $ 130.22.)
(b) The process shall provide that local governments within the State will be encouraged to utilize existing or carry out appropriate institutional or other arrangements with other local governments, in the same State, for cooperation in the development and implementation of plans.
(c) The process shall provide for interstate cooperation whenever a plan involves the interests of more than one State. Such provision shall include the following assurances:
(1) That when a plan is under development in the State for an area affecting or affected by waters of one or more other States, the planning agency will cooperate with each such other State in the analyses and planning pertinent to such area including but not limited to problem assessment and priorities and schedule for plan preparation. (See $ $ 130.41 and 130.42.)
(2) That when a plan is under development in another State for an area affecting or affected by waters of the State, the State will cooperate with such other State in the analyses and planning pertinent to such area,
(d) The use of interstate agencies in all phases of interstate cooperation in water quality management planning is encouraged.
(e) The process shall describe the mechanism for approval of water quality management plans involving interstate waters. $ 130.32 Adoption of plans.
The process shall provide that the plans will be officially adopted, after appropriate public hearings, as the official water quality management plans of the State and that the plans may be revised, after public hearings, as appropriate. Hearings will be held on the plan except for those portions of the plan where hearings were previously held; for example, on segments where public hearings were held in conjunction with the issuance of permits. (See $$ 131.401 and 131.404 of this chapter.) Subpart D-Preparation of Annual Strategy 8 130.40 State strategy.
(a) The planning process shall provide for the preparation of an annual State strategy. The Governor or his designee(s) shall be provided with the opportunity for involvement in the identification and resolution of significant issues in the formulation of the State strategy. The strategy shall contain:
(1) A statewide assessment of water quality problems and the causes of these problems;
(2) A listing of the geographical or discharger priorities of these problems;
(3) A listing of the priorities and scheduling of permits, construction grants, basin plans, and other appropriate program actions;
(b) The strategy should be based upon information derived from completed plans when available and from available information in areas where plans are not complete.
(c) The strategy shall be submitted as part of the section 106 State program submittal required pursuant to $ 130.55. $ 130.41 Problem assessment and prior.
ities. (a) Based on the annual statewide assessment of the water quality problems and causes of these problems developed pursuant to $ 130.40(a) (1), the State shall rank each segment in priority order. taking into account:
(1) Severity of pollution problems. (2) Population affected.
(3) Need for preservation of high quality waters.
(4) National priorities as determined at least once each year as required purby the Administrator.
suant to $ 130.55. (b) Segments of the same basin need (c) The State Municipal Discharge Innot be listed together; however, their ventory shall be prepared as follows: ranking in the State list shall be con- (1) The State shall rank and catesistent with their ranking in any ap- gorize significant municipal dischargers proved plan.
consistent with the segment rankings (c) This ranking shall generally gov- contained in $ 130.41. ern the development of plans, construc- (2) Dischargers of the same basin tion of publicly owned treatment works, need not be listed together; however, issuance of permits, and other program their ranking and categorization in the activities.
State list shall be in accordance with $ 130.42 Schedule for plan preparation.
their ranking and categorization in any
approved plan. (a) The process shall establish schedule for plan preparation. The sched
$ 130.44 State industrial discharge inule shall provide a sequence for phasing
ventory. the completion of plans to assure the Each State shall establish not later orderly implementation of the planning than June 30, 1973, and shall thereafter process, consistent with existing plan. maintain, a State Industrial Discharge ning efforts and needs and the expand- Inventory. The procedures used in § 130.ing capabilities for planning in the State. 43 for constructing and submitting the Such schedule shall determine the State's municipal inventory shall be used in depriorities for the development of plans veloping the industrial discharge invenpursuant to the process during the pe- tory. The State Industrial Discharge Inriod covered by the schedule. It shall pro- ventory shall be used in establishing vide for an initial number of plans to be priorities and output estimates for issucompleted not later than June 30, 1973; ing industrial permits to be developed as an additional number of plans to be com- part of the State program submittal repleted not later than June 30, 1974; and quired under section 106 of the Act. for remaining plans to be completed by
Subpart E-Requirements for Approval of June 30, 1975.
Planning Process; Reports (b) The schedule of basin plans shall be determined following consideration
§ 130.50 Submission of process. of:
(a) The Governor of each State shall (1) The ranking of segments pursuant submit to the Regional Administrator the to $ 130.41 and the number of water continuing planning process pursuant to quality segments in the basin; and
section 303(e) of the Act. (2) Any other factors that the State (b) Submission shall be accomplished may deem appropriate in developing and by delivering five copies of the planning scheduling plans for sound water quality
process to the Regional Administrator management.
and a letter from the Governor notifying $ 130.43 State municipal discharge in
him of such action. ventory.
$ 130.51 Contents of process submittal. (a) Each State shall establish not
(a) The submittal shall at a minimum later than June 30, 1973, and shall there
contain the following: after maintain, a State Municipal Dis
(1) A map of the State showing basins charge Inventory. Such an inventory
and segments. shall set forth for the State a ranking
(2) A listing of the classifications of of significant muncipal dischargers. The
segments. State Municipal Discharge Inventory
(3) A description of the planning shall be used in establishing priorities
method employed to formulate plans. and output estimates for municipal facilities construction and in issuing mu
(4) A listing of the planning agency or nicipal permits to be developed as part of
agencies that will perform the planning. the State program submittal required
(5) A schedule for plan preparation. under section 106 of the Act. This list (6) A description of participation of shall become the list of municipalities re- the public in the development of the quired in g 35.915(b) of this chapter for process, including participation of local award of construction grants.
governments. (b) The State Muncipal Discharge In- (7) A specification that legal authori. ventory shall be revised and submitted ties required to prepare and adopt plans required by the planning process exist or (b) (1) The Regional Administrator will be obtained.
shall from time to time review each (8) A description of reports including State's approved planning process for the State strategy that will be submitted the purpose of insuring that such planunder section 106 of the Act.
ning process is at all times adequate to $ 130.52 Planning process review; ap
assure the goal of paragraph (a) of this
section. proval or disapproval.
(2) The State shall revise its process The Regional Administrator shall ap
as necessary upon a finding by the Reprove or disapprove the planning process gional Administrator and notification by submitted pursuant to $ 130.50 within 30 him to the State that the process is subdays after the date of submission, as stantially inadequate to assure the goal follows:
of paragraph (a) of this section. (a) If the Regional Administrator de- (3) The State shall revise its process termines that the planning process con- within 60 days following notification by forms with the requirements of the Act the Regional Administrator pursuant to and this Part 130, he shall notify the subparagraph (2) of this paragraph or Governor by letter.
by such later date as may be pre
ribed (b) If the Regional Administrator de. by the Regional Administrator after contermines that the process fails to con- sultation with the State. form with the requirements of the Act (c) Revisions of the process shall be and this Part 130, he shall so notify the submitted in accordance with § 130.50. Governor by letter and shall state:
(d) Review and approval or disap(1) The specific revisions necessary to proval of revisions of the process shall obtain approval of the process; and be carried out in accordance with
(2) The time period for resubmission $ 130.52. of the revised process or portions thereof.
$ 130.55 Reports. $ 130.53 Prohibition of approval of cer- The annual State strategy including tain planning processes.
the State Problem Assessment and PriorThe Regional Administrator shall not ities described in $ 130.41, the State approve any continuing planning process Municipal Discharge Inventory described which will not result in timely plans, for in $ 130.43, and the State Industrial Dis-. all navigable waters within the State, charge Inventory described in § 130.44, that conform with the requirements of as well as any other program progress section 303(e) of the Act and Part 131 report which may be required, shall be of this chapter, relating to such plans.
submitted as part of the State program Substantial failure of any plan or plans submission under section 106 of the Act. prepared pursuant to the process to con
Subpart F-Relationship of Process To Perform with such applicable requirements
mit and Construction Grant Programs may indicate that the planning process by which such plan or plans were devel
$ 130.60 Relationship of continuing oped was deficient and should be revised.
planning process with State particiFailure to accomplish necessary revisions
pation in National Pollutant Dise
charge Elimination System. of the planning process may result in withdrawal of approval of part or all of
(a) State participation in the National the process. The approval of the State
Pollutant Discharge Elimination System, participation in the National Pollutant
other than the interim participation proDischarge Elimination System will be
vided in section 402(a) (5) of the Act, withheld or withdrawn if the process is
shall not be approved for any State which not approved. (See $ 130.60.)
does not have an approved continuing
planning process. $ 130.54 Revisions.
(b) Approval of State participation in (a) The State shall annually review the National Pollutant Discharge Elimiits continuing planning process and shall nation System may be withdrawn from revise the process as may be necessary any State if approval of the continuing to assure the development and mainte- planning process is withdrawn following nance of current plans which will ac- approval, including withdrawal of proccomplish national water quality objec- ess approval based on gross failure to tives in conformity with the requirements comply with the schedule for plan prepof the Act.
aration (8$ 130.40 and 130.41) or on fail, ure of plans to conform with the process to the Act. The purpose of this part is to ($ 130.52).
prescribe procedures governing the giv(c) In connection with any permit is- ing of notice required by subsection sued to a significant discharger in a 505(b) of the Act as a prerequisite to the cluster where water quality violations commencement of such actions. occur, or are suspected to occur, and for
$ 135.2 Service of notice. which no plan has been approved by the Regional Administrator, the water qual
(a) Notice of intent to file suit purity impact of the discharges of all mem
suant to section 505(a) (1) of the Act bers, municipal and industrial, of the
shall be served upon an alleged violator cluster to which such major discharger
of an effluent standard or limitation belongs, must be considered in connec
under the Act, or an order issued by the tion with the issuance of such dis
Administrator or a State with respect to charger's permit.
such a standard or limitation, in the fol
lowing manner: $ 130.61 Relationship of continuing (1) If the alleged violator is an indiplanning process with construction
vidual or corporation, service of notice grants.
shall be accomplished by certified mail (a) Before approving a grant for any
addressed to, or by personal service upon, project for any treatment works under the owner or managing agent of the section 201(g) of the Act after June 30, building, plant, installation, vessel, facil1973, the Regional Administrator shall ity, or activity alleged to be in violation. determine, pursuant to 40 CFR 35.925-2, A copy of the notice shall be mailed to that such works are in conformity with
the Administrator of the Environmental any applicable plan approved in accord- Protection Agency, the Regional Adminance with this part and Part 131 of this
istrator of the Environmental Protection chapter. Disapproval by the Regional Agency for the region in which such vioAdministrator of a plan, or relevant por
lation is alleged to have occurred, and the tion thereof, for the area where a project
chief administrative officer of the water is to be located may constitute grounds
pollution control agency for the State for not approving a grant for such
in which the violation is alleged to have project.
occurred. If the alleged violator is a cor(b) The Regional Administrator may poration, a copy of such notice also shall suspend or terminate a grant for any
be mailed to the registered agent, if any, project for any treatment works in ac
of such corporation in the State in which cordance with $ 35.950 of this chapter if
such violation is alleged to have occurred. he determines that such grant is incon
(2) If the alleged violator is a State or sistent with a plan, for the area of the
local agency, service of notice shall be project, approved subsequent to approval
accomplished by certified mail addressed of the grant.
to, or by personal service upon, the head
of such agency. A copy of such notice PART 135—PRIOR NOTICE OF CITIZEN
shall be mailed to the chief administraSUITS
tive officer of the water pollution conSec.
trol agency for the State in which the 135.1 Purpose.
violation is alleged to have occurred, the 135.2 Service of notices.
Administrator of the Environmental 135.3 Contents of notice.
Protection Agency, and the Regional AdAUTHORITY.-Sec. 505, Federal Water Pol
ministrator of the Environmental Proteclution Control Act Amendments of 1972 (sec.
tion Agency for the region in which such 2, Public Law 92-500; 86 Stat. 888 (33 U.S.C. violation is alleged to have occurred. 1365).)
(3) If the alleged violator is a Federal SOURCE: 38 FR 15040, June 7, 1973, unless agency, service of notice shall be accomotherwise noted.
plished by certified mail addressed to,
or by personal service upon, the head of $ 135.1 Purpose.
such agency. A copy of such notice shall Section 505 of the Federal Water Pol- be mailed to the Administrator of the lution Control Act Amendments of 1972 Environmental Protection Agency, the (hereinafter the Act) authorizes any Regional Administrator of the Environperson or persons having an interest mental Protection Agency for the region which is or may be adversely affected to in which such violation is alleged to have commence a civil action on his own be- occurred, the Attorney General of the half to enforce the Act or to enforce cer- United States, and the Chief administratain requirements promulgated pursuant tive officer of the water pollution control agency for the State in which the
SOURCE: 37 FR 12392, June 23, 1972, unless violation is alleged to have occurred. otherwise noted.
(b) Service of notice of intent to file suit pursuant to section 505 (a) (2) of the
$ 140.1 Definitions. Act shall be accomplished by certified For the purpose of these standards the mail addressed to, or by personal service following definitions shall apply: upon, the Administrator, Environmental (a) "Sewage" ns human body Protection Agency, Washington, D.C. wastes and the wastes from tollets and 20460. A copy of such notice shall be other receptacles intended to receive or mailed to the Attorney General of the retain body wastes; United States.
(b) "Discharge” includes, but is not (c) Notice given in accordance with limited to, any spilling, leaking, pumpthe provisions of this part shall be ing, pouring, emitting, emptying, or deemed to have been served on the post- dumping; mark date if mailed, or on the date of (c) “Marine sanitation device” inreceipt if served personally.
cludes any equipment for installation on $ 135.3 Contents of notice.
board a vessel and which is designed to
receive, retain, treat, or discharge sew(a) Violation of standard, limitation
age, and any process to treat such or order.-Notice regarding an alleged sewage; violation of an effluent standard or limi- (d) “Vessel” includes every descriptation or of an order with respect thereto, tion of watercraft or other artificial conshall include sufficient information to trivance used, or capable of being used, permit the recipient to identify the spe- as a means of transportation on the cific standard, limitation, or order alleged navigable waters of the United States; to have been violated, the activity alleged (e) “New vessel” refers to any vessel to constitute a violation, the person or on which construction was initiated on or persons responsible for the alleged viola
after the date of promulgation of the tion, the location of the alleged violation, standards and regulations; the date or dates of such violation, and
(f) "Existing vessel” refers to any vesthe full name, address, and telephone
sel on which construction was initiated number of the person giving notice.
prior to the date of promulgation of the (b) Failure to act.-Notice regarding
standards and regulations; an alleged failure of the Administrator
(g) "Fecal coliform bacteria" are to perform any act or duty under the Act
those organisms associated with the inwhich is not discretionary with the Ad
testine of warm blooded animals that are ministrator shall identify the provision commonly used to indicate the presence of the Act which requires such act or
of fecal material and the potential prescreates such duty, shall describe with
ence of organisms capable of causing reasonable specificity the action taken or
disease in man. not taken by the Administrator which is alleged to constitute a failure to perform
§ 140.2 Scope of standard. such act or duty, and shall state the full The standard adopted herein applies name, address and telephone number of only to vessels on which a marine toilet the person giving the notice.
facility has been installed. The standard (c) Identification of counsel. - The does not require the installation of a notice shall state the name, address, and toilet facility on any vessel that is not so telephone number of the legal counsel, equipped. The standard applies to vesif any, representing the person giving the sels owned and operated by the United notice.
States unless the Secretary of Defense
finds that compliance would not be in PART 140—MARINE SANITATION DEVICE
the interest of national security. STANDARD
§ 140.3 Standard. Sec.
(a) Marine sanitation devices in140.1 Definitions.
stalled on vessels covered by these regu140.2 Scope of standard. 140.3 Standard.
lations shall be designed and operated to 140.4 Complete prohibition.
prevent the overboard discharge of sew140.5 Analytical procedures.
age, treated or untreated, or of any waste
derived from sewage, into the navigable AUTHORITY: Sec. 13, 70 Stat. 506, as amended, 33 U.S.C. 1163. Interpret or apply
waters of the United States. sec. 13(b)(1), 84 Stat. 100, 33 U.S.c. 1163 (b) This standard shall be effective for (b)(1).
new vessels 2 years after initial promul