40 C.F.R. §117.12 - Applicability to discharges from facilities with NPDES permits

Cite as40 C.F.R. §117.12
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3 cases
  • Bp Exploration & Oil, Inc. v. U.S. Dept. of Trans., Civ.A. 97-1206(PLF).
    • United States
    • United States District Courts. United States District Court (Columbia)
    • March 26, 1999
    ...Page 40 or treatment systems." 33 U.S.C. § 1321(a)(2). "Operator error" is one such excusable cause of an unpermitted discharge. See 40 C.F.R. § 117.12(d)(2)(iii). According to BP, its OWS was capable of processing the water at flow rates of 1,865 gpm, the rate of flow on the day of the dis......
  • United States v. Atp Oil & Gas Corp., Civil Action No. 13–0262.
    • United States
    • United States District Courts. 5th Circuit. United States District Court (Eastern District of Louisiana)
    • July 1, 2013
    ...regulations. The United States claims that Infrastructure Partners has cited the regulations pertaining to “hazardous substances,” at 40 C.F.R. § 117.12, which regulates the “Determination of Reportable Quantities of Hazardous Substances,” and expressly excludes “oil.” 78 Instead, the Unite......
  • United States v. ATP Oil & Gas Corp.
    • United States
    • United States District Courts. 5th Circuit. United States District Court (Eastern District of Louisiana)
    • June 30, 2013
    ...regulations. The United States claims that Infrastructure Partners has cited the regulations pertaining to "hazardous substances," at 40 C.F.R. § 117.12, which regulates the "Determination of Reportable Quantities of Hazardous Substances," and expressly excludes "oil."78 Instead, the United......
1 firm's commentaries
  • Superfund Defenses That The Government Hopes You Don't Know About, Part 2
    • United States
    • JD Supra United States
    • November 30, 2020
    ...release definition, the agency did adopt regulations implementing the Clean Water Act version of the NPDES provisions in 1979. See 40 C.F.R. §117.12. With respect to the “continuous or anticipated intermittent discharge” exclusion, those regulations define the factual elements of the CERCLA......

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