40 C.F.R. §122.21 - Application for a permit (applicable to State programs, see

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76 cases
  • United States Public Interest Research Grp. v. Heritage Salmon, Civil No. 00-150-B-C (D. Me. 2/19/2002), Civil No. 00-150-B-C.
    • United States
    • United States District Courts. 1st Circuit. United States District Court (Maine)
    • February 19, 2002
    ...is an identifiable source from which spent shots and target fragments are conveyed into navigable waters). 22. Heritage cites part of 40 C.F.R. § 122.21(i)(2) which states that the CAAPF application requires the applicant to provide "(i) [t]he maximum daily and average monthly flow from eac......
  • West Virginia Highlands Conservancy v. Huffman, Civil Action No. 2:07-0410.
    • United States
    • United States District Courts. 4th Circuit. Southern District of West Virginia
    • August 24, 2009
    ...and who does not have an effective permit . . . must submit a complete application to the Director in accordance with this section." 40 C.F.R. § 122.21(a). Similar to the text of the CWA, 40 C.F.R. § 122.2 defines "person" as "an individual, association, partnership, corporation, municipali......
  • Legal Environmental Assistance Foundation v. Hodel, CIV. 3-83-562.
    • United States
    • United States District Courts. 6th Circuit. Eastern District of Tennessee
    • April 13, 1984
    ...permit more than 180 days before it was to expire, the 1974 permit is still in effect. 40 C.F.R. § 122.10(b)(2) (1979) (recodified at 40 C.F.R. § 122.21(d)(2) (1983)). This permit authorizes discharges at four points: Kerr Hollow Quarry, Rogers Quarry, New Hope Pond and Bear Creek. The part......
  • Puget Soundkeeper Alliance v. Cruise Terminals of Am., LLC, CASE NO. C14-0476 JCC
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Western District of Washington)
    • November 20, 2015
    ..."When a facility or activity is owned by one person but is operated by another person, it is the operator's duty to obtain a permit." 40 C.F.R. § 122.21(b).4 To enforce its provisions, the CWA authorizes any citizen to bring suit against any person for violation of any "effluent standard or......
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3 books & journal articles
  • Permits and state permit programs
    • United States
    • Introduction to environmental law: cases and materials on water pollution control - 2d Edition
    • July 23, 2017
    ...40 C.F.R. § 122.46. Permittees must ile applications for renewal at least six months prior to the expiration of their permits. 40 C.F.R. § 122.21(d). If EPA issues both the expiring and new permits, and a timely, complete reapplication is iled, the old permit will continue to be in force un......
  • Plain Meaning, Precedent, and Metaphysics: Interpreting the 'Navigble Waters' Element of the Clean Water Act Offense
    • United States
    • Environmental Law Reporter No. 45-6, June 2015
    • June 1, 2015
    ...(4th Cir. 1997), in which the U.S. Court of Appeals for the Fourth Circuit held that an isolated wetland was not navigable water. 314. 40 C.F.R. §122.21, Waters of the United States (c). can be tributaries, 315 isolated ponds would not beneit from the deinition of tributaries. On the other ......
    • United States
    • American Criminal Law Review No. 58-3, July 2021
    • July 1, 2021
    ...53 F.3d 533, 534 (2d Cir. 1995) (upholding conviction for falsifying, tampering with, or rendering monitoring device inaccurate). 270. 40 C.F.R. § 122.21 (2020) (explaining individual permits); id. § 122.28 (explaining general permits). 271. Id. § 122.21(c)(1). 272. 33 U.S.C. §§ 1314(b), 13......
1 provisions
  • MO Register Vol. 39 No. 2. (Pages 187-426)
    • United States
    • Missouri Register
    • Invalid date
    ...in which effluent monitoring may be necessary to ensure compliance with water quality standards. EPA also noted that pursuant to 40 CFR § 122.21(j)(4)(iii) permit applications for POTWs must include a minimum of three (3) samples and that all applicants with a design flow greater than or eq......

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