Application for a permit (applicable to State programs, see
| Currency | Current through May 31, 2023 |
| Citation | 40 C.F.R. §122.21 |
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76 cases
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West Virginia Highlands Conservancy v. Huffman
... ... by discharging pollutants without the appropriate permit. If the WVDEP is indeed in violation of the CWA, it must ... (quoting EPA v. California ex rel. State Water Res. Control Bd., 426 U.S. 200, 205, 96 S.Ct. 2022, ... two types of permitting systems: state permit programs that must satisfy federal requirements and be approved by ... must submit a complete application to the Director in accordance with this section." 40 C.F.R ... a program for approval, the federal program is applicable and the Secretary of the Interior is vested with "exclusive ... ...
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Legal Environmental Assistance Foundation v. Hodel
... ... and Natural Resources Defense Council, Inc. State of Tennessee on behalf of Tennessee Department of Health ... This comprehensive program is applicable to federal facilities. 42 U.S.C. § 6961. Nothing in the ... Act of 1954 except to the extent that such application (or regulation) is not inconsistent with the requirements ... Defendants acknowledge that they have neither an EPA permit, 42 U.S.C. § 6925, nor a state permit, 42 U.S.C. § 6926, ... ...
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Puget Soundkeeper Alliance v. Cruise Terminals of Am., LLC, CASE NO. C14-0476 JCC
... ... Pollutant Discharge Elimination System (NPDES) permit. (Dkt. No. 26 at 12, 6.) Soundkeeper seeks an order ng CTA or the Port to apply for Washington State's Industrial Stormwater General Permit, an injunction ... , so long as the discharger complies with all applicable limitations. 33 U.S.C. 1342(a)(1). Under the NPDES ... regulations setting forth the NPDES permit application requirements for industrial stormwater discharges. See 40 ... ...
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San Carlos Apache Tribe v. State
... ... the Arizona Department of Environmental Quality (ADEQ) issues a permit to allow Resolution to operate the new mine shaft, ADEQ must adopt Total ... as shaft 10 because the regulations only provide independently applicable standards for copper mines and not for any of the new features. 18 In ... 122.29(b)(1)(iii) ). 56 The application of the 40 C.F.R. 122.29(b)(1)(iii) criterion presents an issue of first ... ...
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12 books & journal articles
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ENVIRONMENTAL CRIMES
...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......
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Environmental Crimes
...of wastewater treatment corporation for avoiding EPA monitoring devices by discharging pollutants directly into sewer line). 284. 40 C.F.R. § 122.21 (2022) (individual permits); id. § 122.28 (general permits). 285. Id. § 122.21(c)(1). Facilities “described under § 122.26(b)(14)(x) or (b)(15......
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Environmental Crimes
...Reports ” ( “ DMRs ” ). 289 A DMR showing discharge in excess of NPDES limits can be persuasive evidence of a violation. 290 279. 40 C.F.R. § 122.21 (2022) (explaining individual permits); id. § 122.28 (explaining general permits). 280. Id. § 122.21(c)(1) (explaining that any person proposi......
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CHAPTER 12 CLEAN WATER ACT PERMITTING OVERVIEW: SECTIONS 402 AND 404
...(i) New sources and new discharges: Must apply for a permit at least 180 days before expected date of commencement of discharge. 40 C.F.R. § 122.21(c)(I). (ii) Existing sources: All dischargers with effective permits must file an application at least 180 days before the existing permit expi......
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