Calculating NPDES permit conditions (applicable to State NPDES programs, see 123.25)
| Currency | Current through May 31, 2023 |
| Citation | 40 C.F.R. §122.45 |
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18 cases
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Natural Resources Defense Council, Inc. v. U.S. E.P.A.
... ... A. Permit Conditions Unrelated to Effluents--Ripeness ... III. State Program Requirements ... Pollution Discharge Elimination System (NPDES) permit program, established under the Clean ... the states and supervision of the state programs; 3 (3) permit the establishment of permit ... should be read as a narrow exception applicable only to the federal penalties to which it ... ...
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Andersen v. Dep't of Natural Res.
... ... Discharge Elimination System (WPDES) permit that the DNR reissued to Fort James Operating ... the authority to determine whether conditions in a state-issued permit, authorized by state ... DNR with the duty of administering the applicable and highly technical statutes. In such cases, a ... Pollution Discharge Elimination System (NPDES) permit. See 33 U.S.C. 1311(a); U.S. Dep't of ... authority to monitor their own programs to assure compliance with state and federal laws ... ...
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Upper Blackstone Water Pollution Abatement Dist. v. U.S. Envtl. Prot. Agency
... ... Pollutant Discharge Elimination System (NPDES) permit on the discharges of Upper Blackstone ... Conditions in the three rivers and the Bay have been ... 2 In recent years, the state has been forced to close down some of the Bay's ... to administer their own NPDES permit programs, including Rhode Island. 7 Massachusetts has not ... be necessary to insure compliance with applicable water quality requirements. If the imposition of ... scenarios which the EPA used in calculating the numeric limit in the permit. The District ... ...
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Catskill Mountains Chapter of Trout Unlimited, Inc. v. U.S. Envtl. Prot. Agency
... ... Rhode Island, Environment Florida, State of New York, Connecticut, Delaware, Illinois, ... Pollutant Discharge Elimination System ("NPDES") permitting program established by the Clean ... that although Chevron deference is applicable and requires the courts to defer to the EPA and ... here, a party must acquire an NPDES permit in order to discharge a specified amount of a ... Noncompliance with an NPDES permit's conditions is a violation of the Clean Water Act. 33 U.S.C ... typically control the NPDES permitting programs as they apply to waters within their borders, ... ...
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1 firm's commentaries
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Sixth Amendment Requirement That Juries Find Facts Necessary to Impose Fines Above Statutory Maximum Raises New Questions for Environmental Prosecutions
...violations? Under the Clean Water Act, some testing requirements yield results called “monthly averages” for particular constituents. 40 C.F.R. § 122.45 (2000). It is presumed that where testing reveals results in excess of monthly average limits, those limits were exceeded on each day of t......
6 books & journal articles
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CHAPTER 12 CLEAN WATER ACT PERMITTING OVERVIEW: SECTIONS 402 AND 404
...or any upset which exceeds permit limitations, 40 C.F.R. § 122.41 (1)(6)(ii)(A)-(B). G. Credit for Pollutants in Intake Waters (40 C.F.R. § 122.45(g)) 1. A discharger may request an adjustment in effluent limitations to reflect a credit for pollutants in intake water if: a. The applicable e......
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Plain Meaning, Precedent, and Metaphysics: Interpreting the 'Addition' Element of the Clean Water Act Offense
...the issue. he issue only arose if and when EPA actually applied the eluent guidelines in permits in the manner feared by industry. 41. 40 C.F.R. §122.45(g). “Gross,” of course, represents all of the pollutants in the eluent; “net” represents only those pollutants irst introduced to water by......
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The basic prohibition of the clean water act
...EPA , 526 F.2d 1027, 1056, 6 ELR 20068 (3d Cir. 1975). EPA subsequently amended its regulations to add a “net/gross” provision. See 40 C.F.R. § 122.45(g). Indeed, the court in American Iron & Steel held that EPA had no choice but to make an allowance for pollutants in a pollution source’s i......
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Addition
...the issue. he issue only arose if and when EPA actually applied the eluent guidelines in permits in the manner feared by industry. 40. 40 C.F.R. §122.45(g). “Gross,” of course, represents all of the pollutants in the eluent; “net” represents only those pollutants irst introduced to water by......
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