Calculating NPDES permit conditions (applicable to State NPDES programs, see 123.25)
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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 ... ...
- Andersen v. Dep't of Natural Res.
- Upper Blackstone Water Pollution Abatement Dist. v. U.S. Envtl. Prot. Agency
- Catskill Mountains Chapter of Trout Unlimited, Inc. v. U.S. Envtl. Prot. Agency
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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......
8 books & journal articles
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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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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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Permits and state permit programs
...for the applicant. hese limit the amount and/or the concentration of a particular pollutant that may be discharged. See 40 C.F.R. §§ 122.44, 122.45. Permits for publicly owned treatment works (POTWs) typically establish limits for biochemical oxygen demand (BOD), suspended solids (SS), a me......
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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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6 provisions
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MO Register Vol. 39 No. 2. (Pages 187-426)
...based solely on the water quality standard because the permit did not contain average weekly limits as required by federal regulation (40 CFR 122.45(d)). Given the need for short-term limits, the Missouri Clean Water Commission directed staff to apply the same multiplier that had been used ......
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Georgia Monthly Bulletin, 2020-05, May 2020
...Calculations and specification of effluent limits and standards shall be made in accordance with the provisions of Federal Regulations, 40 CFR 122.45. (5) Notice of Intent (a) A NOI shall be on forms as may be prescribed and furnished from time to time by the Division. A NOI shall be accomp......
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Arizona Administrative Register, Volume 28, Issue 35, September 2, 2022, p. 2149-2238
...40 CFR 122.43, amended as of July 1, 2003. R18-9-A905(A)(3)(c) 40 CFR 122.44, amended as of July 1, 2003. R18-9-A905(A)(3)(d) 40 CFR 122.45, amended as of July 1, 40 CFR 122.47, amended as of July 1, 2003. R18-9-A905(A)(3)(f) 40 CFR 122.48, amended as of July 1, 2003. R18-9-A905(A)(3)(g) 40......
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Ohio Admin. Code 3745-42-05 Design Flow and Waste Strength Requirements For Treatment Works Sized For One Hundred Thousand Gallons Per Day Or Less
...loading established utilizing the original design flows contained in table A-1. [Comment: The NPDES regulations at paragraph (d) of 40 CFR 122.45 (effective July 1, 2011) require that all limits be expressed, unless impracticable, as both average-monthly limits (AMLs) and maximum-daily limi......
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