(a) Permits for discharge of pollutants
(1) Except as provided in sections 1328 and 1344 of this title, the
Administrator may, after opportunity for public hearing issue a permit
for the discharge of any pollutant, or combination of pollutants, notwithstanding
section 1311(a) of this title, upon condition that such discharge will
meet either
(A) all applicable requirements under sections 1311, 1312, 1316, 1317,
1318, and 1343 of this title, or
(B) 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 this chapter.
(2) The Administrator shall prescribe conditions for such permits
to assure compliance with the requirements of paragraph (1) of this
subsection, including conditions on data and information collection,
reporting, and such other requirements as he deems appropriate.
(3) The permit program of the Administrator under paragraph (1) of
this subsection, and permits issued thereunder, shall be subject to
the same terms, conditions, and requirements as apply to a State permit
program and permits issued thereunder under subsection (b) of this
section.
(4) All permits for discharges into the navigable waters issued pursuant
to section 407 of this title shall be deemed to be permits issued
under this subchapter, and permits issued under this subchapter shall
be deemed to be permits issued under section 407 of this title, and
shall continue in force and effect for their term unless revoked,
modified, or suspended in accordance with the provisions of this chapter.
(5) No permit for a discharge into the navigable waters shall be
issued under section 407 of this title after October 18, 1972. Each
application for a permit under section 407 of this title, pending
on October 18, 1972, shall be deemed to be an application for a permit
under this section. The Administrator shall authorize a State, which
he determines has the capability of administering a permit program
which will carry out the objectives of this chapter to issue permits
for discharges into the navigable waters within the jurisdiction of
such State. The Administrator may exercise the authority granted him
by the preceding sentence only during the period which begins on October
18, 1972, and ends either on the ninetieth day after the date of the
first promulgation of guidelines required by section 1314(i)(2) of
this title, or the date of approval by the Administrator of a permit
program for such State under subsection (b) of this section, whichever
date first occurs, and no such authorization to a State shall extend
beyond the last day of such period. Each such permit shall be subject
to such conditions as the Administrator determines are necessary to
carry out the provisions of this chapter. No such permit shall issue
if the Administrator objects to such issuance.
(b) State permit programs
At any time after the promulgation of the guidelines required by subsection
(i)(2) of section 1314 of this title, the Governor of each State desiring
to administer its own permit program for discharges into navigable waters
within its jurisdiction may submit to the Administrator a full and complete
description of the program it proposes to establish and administer under
State law or under an interstate compact. In addition, such State shall
submit a statement from the attorney general (or the attorney for those
State water pollution control agencies which have independent legal
counsel), or from the chief legal officer in the case of an interstate
agency, that the laws of such State, or the interstate compact, as the
case may be, provide adequate authority to carry out the described program.
The Administrator shall approve each submitted program unless he determines
that adequate authority does not exist:
(1) To issue permits which -
(A) apply, and insure compliance with, any applicable requirements
of sections 1311, 1312, 1316, 1317, and 1343 of this title;
(B) are for fixed terms not exceeding five years; and
(C) can be terminated or modified for cause including, but not
limited to, the following:
(i) violation of any condition of the permit;
(ii) obtaining a permit by misrepresentation, or failure to disclose
fully all relevant facts;
(iii) change in any condition that requires either a temporary
or permanent reduction or elimination of the permitted discharge;
(D) control the disposal of pollutants into wells;
(2)
(A) To issue permits which apply, and insure compliance with, all
applicable requirements of section 1318 of this title; or
(B) To inspect, monitor, enter, and require reports to at least
the same extent as required in section 1318 of this title;
(3) To insure that the public, and any other State the waters of
which may be affected, receive notice of each application for a permit
and to provide an opportunity for public hearing before a ruling on
each such application;
(4) To insure that the Administrator receives notice of each application
(including a copy thereof) for a permit;
(5) To insure that any State (other than the permitting State), whose
waters may be affected by the issuance of a permit may submit written
recommendations to the permitting State (and the Administrator) with
respect to any permit application and, if any part of such written
recommendations are not accepted by the permitting State, that the
permitting State will notify such affected State (and the Administrator)
in writing of its failure to so accept such recommendations together
with its reasons for so doing;
(6) To insure that no permit will be issued if, in the judgment of
the Secretary of the Army acting through the Chief of Engineers, after
consultation with the Secretary of the department in which the Coast
Guard is operating, anchorage and navigation of any of the navigable
waters would be substantially impaired thereby;
(7) To abate violations of the permit or the permit program, including
civil and criminal penalties and other ways and means of enforcement;
(8) To insure that any permit for a discharge from a publicly owned
treatment works includes conditions to require the identification
in terms of character and volume of pollutants of any significant
source introducing pollutants subject to pretreatment standards under
section 1317(b) of this title into such works and a program to assure
compliance with such pretreatment standards by each such source, in
addition to adequate notice to the permitting agency of
(A) new introductions into such works of pollutants from any source
which would be a new source as defined in section 1316 of this title
if such source were discharging pollutants,
(B) new introductions of pollutants into such works from a source
which would be subject to section 1311 of this title if it were
discharging such pollutants, or
(C) a substantial change in volume or character of pollutants being
introduced into such works by a source introducing pollutants into
such works at the time of issuance of the permit. Such notice shall
include information on the quality and quantity of effluent to be
introduced into such treatment works and any anticipated impact
of such change in the quantity or quality of effluent to be discharged
from such publicly owned treatment works; and
(9) To insure that any industrial user of any publicly owned treatment
works will comply with sections 1284(b), 1317, and 1318 of this title.
(c) Suspension of Federal program upon submission of State program;
withdrawal of approval of State program; return of State program to
Administrator
(1) Not later than ninety days after the date on which a State has
submitted a program (or revision thereof) pursuant to subsection (b)
of this section, the Administrator shall suspend the issuance of permits
under subsection (a) of this section as to those discharges subject
to such program unless he determines that the State permit program
does not meet the requirements of subsection (b) of this section or
does not conform to the guidelines issued under section 1314(i)(2)
of this title. If the Administrator so determines, he shall notify
the State of any revisions or modifications necessary to conform to
such requirements or guidelines.
(2) Any State permit program under this section shall at all times
be in accordance with this section and guidelines promulgated pursuant
to section 1314(i)(2) of this title.
(3) Whenever the Administrator determines after public hearing that
a State is not administering a program approved under this section
in accordance with requirements of this section, he shall so notify
the State and, if appropriate corrective action is not taken within
a reasonable time, not to exceed ninety days, the Administrator shall
withdraw approval of such program. The Administrator shall not withdraw
approval of any such program unless he shall first have notified the
State, and made public, in writing, the reasons for such withdrawal.
(4) Limitations on partial permit program returns and withdrawals.
- A State may return to the Administrator administration, and the
Administrator may withdraw under paragraph (3) of this subsection
approval, of -
(A) a State partial permit program approved under subsection (n)(3)
of this section only if the entire permit program being administered
by the State department or agency at the time is returned or withdrawn;
and
(B) a State partial permit program approved under subsection (n)(4)
of this section only if an entire phased component of the permit
program being administered by the State at the time is returned
or withdrawn.
(d) Notification of Administrator
(1) Each State shall transmit to the Administrator a copy of each
permit application received by such State and provide notice to the
Administrator of every action related to the consideration of such
permit application, including each permit proposed to be issued by
such State.
(2) No permit shall issue
(A) if the Administrator within ninety days of the date of his
notification under subsection (b)(5) of this section objects in
writing to the issuance of such permit, or
(B) if the Administrator within ninety days of the date of transmittal
of the proposed permit by the State objects in writing to the issuance
of such permit as being outside the guidelines and requirements
of this chapter. Whenever the Administrator objects to the issuance
of a permit under this paragraph such written objection shall contain
a statement of the reasons for such objection and the effluent limitations
and conditions which such permit would include if it were issued
by the Administrator.
(3) The Administrator may, as to any permit application, waive paragraph
(2) of this subsection.
(4) In any case where, after December 27, 1977, the Administrator,
pursuant to paragraph (2) of this subsection, objects to the issuance
of a permit, on request of the State, a public hearing shall be held
by the Administrator on such objection. If the State does not resubmit
such permit revised to meet such objection within 30 days after completion
of the hearing, or, if no hearing is requested within 90 days after
the date of such objection, the Administrator may issue the permit
pursuant to subsection (a) of this section for such source in accordance
with the guidelines and requirements of this chapter.
(e) Waiver of notification requirement
In accordance with guidelines promulgated pursuant to subsection (i)(2)
of section 1314 of this title, the Administrator is authorized to waive
the requirements of subsection (d) of this section at the time he approves
a program pursuant to subsection (b) of this section for any category
(including any class, type, or size within such category) of point sources
within the State submitting such program.
(f) Point source categories
The Administrator shall promulgate regulations establishing categories
of point sources which he determines shall not be subject to the requirements
of subsection (d) of this section in any State with a program approved
pursuant to subsection (b) of this section. The Administrator may distinguish
among classes, types, and sizes within any category of point sources.
(g) Other regulations for safe transportation, handling, carriage,
storage, and stowage of pollutants
Any permit issued under this section 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 of pollutants.
(h) Violation of permit conditions; restriction or prohibition upon
introduction of pollutant by source not previously utilizing treatment
works
In the event any condition of a permit for discharges from a treatment
works (as defined in section 1292 of this title) which is publicly owned
is violated, a State with a program approved under subsection (b) of
this section or the Administrator, where no State program is approved
or where the Administrator determines pursuant to section 1319(a) of
this title that a State with an approved program has not commenced appropriate
enforcement action with respect to such permit, may proceed in a court
of competent jurisdiction to restrict or prohibit the introduction of
any pollutant into such treatment works by a source not utilizing such
treatment works prior to the finding that such condition was violated.
(i) Federal enforcement not limited
Nothing in this section shall be construed to limit the authority of
the Administrator to take action pursuant to section 1319 of this title.
(j) Public information
A copy of each permit application and each permit issued under this
section shall be available to the public. Such permit application or
permit, or portion thereof, shall further be available on request for
the purpose of reproduction.
(k) Compliance with permits
Compliance with a permit issued pursuant to this section shall be deemed
compliance, for purposes of sections 1319 and 1365 of this title, with
sections 1311, 1312, 1316, 1317, and 1343 of this title, except any
standard imposed under section 1317 of this title for a toxic pollutant
injurious to human health. Until December 31, 1974, in any case where
a permit for discharge has been applied for pursuant to this section,
but final administrative disposition of such application has not been
made, such discharge shall not be a violation of
(1) section 1311, 1316, or 1342 of this title, or
(2) section 407 of this title, unless the Administrator or other
plaintiff proves that final administrative disposition of such application
has not been made because of the failure of the applicant to furnish
information reasonably required or requested in order to process the
application. For the 180-day period beginning on October 18, 1972,
in the case of any point source discharging any pollutant or combination
of pollutants immediately prior to such date which source is not subject
to section 407 of this title, the discharge by such source shall not
be a violation of this chapter if such a source applies for a permit
for discharge pursuant to this section within such 180-day period.
(l) Limitation on permit requirement
(1) Agricultural return flows
The Administrator shall not require a permit under this section for
discharges composed entirely of return flows from irrigated agriculture,
nor shall the Administrator directly or indirectly, require any State
to require such a permit.
(2) Stormwater runoff from oil, gas, and mining operations
The Administrator shall not require a permit under this section, nor
shall the Administrator directly or indirectly require any State to
require a permit, for discharges of stormwater runoff from mining
operations or oil and gas exploration, production, processing, or
treatment operations or transmission facilities, composed entirely
of flows which are from conveyances or systems of conveyances (including
but not limited to pipes, conduits, ditches, and channels) used for
collecting and conveying precipitation runoff and which are not contaminated
by contact with, or do not come into contact with, any overburden,
raw material, intermediate products, finished product, byproduct,
or waste products located on the site of such operations.
(m) Additional pretreatment of conventional pollutants not required
To the extent a treatment works (as defined in section 1292 of this
title) which is publicly owned is not meeting the requirements of a
permit issued under this section for such treatment works as a result
of inadequate design or operation of such treatment works, the Administrator,
in issuing a permit under this section, shall not require pretreatment
by a person introducing conventional pollutants identified pursuant
to section 1314(a)(4) of this title into such treatment works other
than pretreatment required to assure compliance with pretreatment standards
under subsection (b)(8) of this section and section 1317(b)(1) of this
title. Nothing in this subsection shall affect the Administrator's authority
under sections 1317 and 1319 of this title, affect State and local authority
under sections 1317(b)(4) and 1370 of this title, relieve such treatment
works of its obligations to meet requirements established under this
chapter, or otherwise preclude such works from pursuing whatever feasible
options are available to meet its responsibility to comply with its
permit under this section.
(n) Partial permit program
(1) State submission
The Governor of a State may submit under subsection (b) of this section
a permit program for a portion of the discharges into the navigable
waters in such State.
(2) Minimum coverage
A partial permit program under this subsection shall cover, at a minimum,
administration of a major category of the discharges into the navigable
waters of the State or a major component of the permit program required
by subsection (b) of this section.
(3) Approval of major category partial permit programs
The Administrator may approve a partial permit program covering administration
of a major category of discharges under this subsection if -
(A) such program represents a complete permit program and covers
all of the discharges under the jurisdiction of a department or
agency of the State; and
(B) the Administrator determines that the partial program represents
a significant and identifiable part of the State program required
by subsection (b) of this section.
(4) Approval of major component partial permit programs
The Administrator may approve under this subsection a partial and
phased permit program covering administration of a major component
(including discharge categories) of a State permit program required
by subsection (b) of this section if -
(A) the Administrator determines that the partial program represents
a significant and identifiable part of the State program required
by subsection (b) of this section; and
(B) the State submits, and the Administrator approves, a plan for
the State to assume administration by phases of the remainder of
the State program required by subsection (b) of this section by
a specified date not more than 5 years after submission of the partial
program under this subsection and agrees to make all reasonable
efforts to assume such administration by such date.
(o) Anti-backsliding
(1) General prohibition
In the case of effluent limitations established on the basis of subsection
(a)(1)(B) of this section, a permit may not be renewed, reissued, or
modified on the basis of effluent guidelines promulgated under section
1314(b) of this title subsequent to the original issuance of such permit,
to contain effluent limitations which are less stringent than the comparable
effluent limitations in the previous permit. In the case of effluent
limitations established on the basis of section 1311(b)(1)(C) or section
1313(d) or (e) of this title, a permit may not be renewed, reissued,
or modified to contain effluent limitations which are less stringent
than the comparable effluent limitations in the previous permit except
in compliance with section 1313(d)(4) of this title.
(2) Exceptions
A permit with respect to which paragraph (1) applies may be renewed,
reissued, or modified to contain a less stringent effluent limitation
applicable to a pollutant if -
(A) material and substantial alterations or additions to the permitted
facility occurred after permit issuance which justify the application
of a less stringent effluent limitation;
(B)
(i) information is available which was not available at the time
of permit issuance (other than revised regulations, guidance,
or test methods) and which would have justified the application
of a less stringent effluent limitation at the time of permit
issuance; or
(ii) the Administrator determines that technical mistakes or
mistaken interpretations of law were made in issuing the permit
under subsection (a)(1)(B) of this section;
(C) a less stringent effluent limitation is necessary because of
events over which the permittee has no control and for which there
is no reasonably available remedy;
(D) the permittee has received a permit modification under section
1311(c), 1311(g), 1311(h), 1311(i), 1311(k), 1311(n), or 1326(a)
of this title; or
(E) the permittee has installed the treatment facilities required
to meet the effluent limitations in the previous permit and has
properly operated and maintained the facilities but has nevertheless
been unable to achieve the previous effluent limitations, in which
case the limitations in the reviewed, reissued, or modified permit
may reflect the level of pollutant control actually achieved (but
shall not be less stringent than required by effluent guidelines
in effect at the time of permit renewal, reissuance, or modification).
Subparagraph (B) shall not apply to any revised waste load allocations
or any alternative grounds for translating water quality standards
into effluent limitations, except where the cumulative effect of
such revised allocations results in a decrease in the amount of
pollutants discharged into the concerned waters, and such revised
allocations are not the result of a discharger eliminating or substantially
reducing its discharge of pollutants due to complying with the requirements
of this chapter or for reasons otherwise unrelated to water quality.
(3) Limitations
In no event may a permit with respect to which paragraph (1) applies
be renewed, reissued, or modified to contain an effluent limitation
which is less stringent than required by effluent guidelines in effect
at the time the permit is renewed, reissued, or modified. In no event
may such a permit to discharge into waters be renewed, reissued, or
modified to contain a less stringent effluent limitation if the implementation
of such limitation would result in a violation of a water quality
standard under section 1313 of this title applicable to such waters.
(p) Municipal and industrial stormwater discharges
(1) General rule
Prior to October 1, 1994, the Administrator or the State (in the case
of a permit program approved under this section) shall not require
a permit under this section for discharges composed entirely of stormwater.
(2) Exceptions
Paragraph (1) shall not apply with respect to the following stormwater
discharges:
(A) A discharge with respect to which a permit has been issued
under this section before February 4, 1987.
(B) A discharge associated with industrial activity.
(C) A discharge from a municipal separate storm sewer system serving
a population of 250,000 or more.
(D) A discharge from a municipal separate storm sewer system serving
a population of 100,000 or more but less than 250,000.
(E) A discharge for which the Administrator or the State, as the
case may be, determines that the stormwater discharge contributes
to a violation of a water quality standard or is a significant contributor
of pollutants to waters of the United States.
(3) Permit requirements
(A) Industrial discharges
Permits for discharges associated with industrial activity shall
meet all applicable provisions of this section and section 1311
of this title.
(B) Municipal discharge
Permits for discharges from municipal storm sewers -
(i) may be issued on a system- or jurisdiction-wide basis;
(ii) shall include a requirement to effectively prohibit non-stormwater
discharges into the storm sewers; and
(iii) shall require controls to reduce the discharge of pollutants
to the maximum extent practicable, including management practices,
control techniques and system, design and engineering methods,
and such other provisions as the Administrator or the State determines
appropriate for the control of such pollutants.
(4) Permit application requirements
(A) Industrial and large municipal discharges
Not later than 2 years after February 4, 1987, the Administrator
shall establish regulations setting forth the permit application
requirements for stormwater discharges described in paragraphs (2)(B)
and (2)(C). Applications for permits for such discharges shall be
filed no later than 3 years after February 4, 1987. Not later than
4 years after February 4, 1987, the Administrator or the State,
as the case may be, shall issue or deny each such permit. Any such
permit shall provide for compliance as expeditiously as practicable,
but in no event later than 3 years after the date of issuance of
such permit.
(B) Other municipal discharges
Not later than 4 years after February 4, 1987, the Administrator
shall establish regulations setting forth the permit application
requirements for stormwater discharges described in paragraph (2)(D).
Applications for permits for such discharges shall be filed no later
than 5 years after February 4, 1987. Not later than 6 years after
February 4, 1987, the Administrator or the State, as the case may
be, shall issue or deny each such permit. Any such permit shall
provide for compliance as expeditiously as practicable, but in no
event later than 3 years after the date of issuance of such permit.
(5) Studies
The Administrator, in consultation with the States, shall conduct
a study for the purposes of -
(A) identifying those stormwater discharges or classes of stormwater
discharges for which permits are not required pursuant to paragraphs
(1) and (2) of this subsection;
(B) determining, to the maximum extent practicable, the nature
and extent of pollutants in such discharges; and
(C) establishing procedures and methods to control stormwater discharges
to the extent necessary to mitigate impacts on water quality.
Not later than October 1, 1988, the Administrator shall submit to
Congress a report on the results of the study described in subparagraphs
(A) and (B). Not later than October 1, 1989, the Administrator shall
submit to Congress a report on the results of the study described
in subparagraph (C).
(6) Regulations
Not later than October 1, 1993, the Administrator, in consultation
with State and local officials, shall issue regulations (based on
the results of the studies conducted under paragraph (5)) which designate
stormwater discharges, other than those discharges described in paragraph
(2), to be regulated to protect water quality and shall establish
a comprehensive program to regulate such designated sources. The program
shall, at a minimum,
(A) establish priorities,
(B) establish requirements for State stormwater management programs,
and
(C) establish expeditious deadlines.
The program may include performance standards, guidelines, guidance,
and management practices and treatment requirements, as appropriate.