40 CFR 140.4 - Complete prohibition

Cite as40 CFR 140.4
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53 practice notes
  • Am. Waterways Operators v. Wheeler, Case No. 18-cv-02933 (APM)
    • United States
    • U.S. District Court — District of Columbia
    • November 30, 2020
    ...facilities is in conformance with Federal law; and(7) Information on vessel population and vessel usage of the subject waters. 40 C.F.R. § 140.4(a). Additionally, EPA has published extensive guidance for state and local officials that are interested in establishing NDZs under Section 312(f)......
  • American Waterways v. Department Of Ecology, No. 51547-4-II
    • United States
    • Court of Appeals of Washington
    • March 5, 2019
    ...Before a state agency can engage in rule making of this type, the agency must secure permission from the EPA. 33 U.S.C. § 1322(f)(3) ; 40 C.F.R. § 140.4. To obtain a complete prohibition of sewage discharge from vessels, the EPA requires an application that includes a "certification that th......
  • Marine Sanitation Devices (MSDs): No Discharge Zone (NDZ) for California State Marine Waters
    • United States
    • Federal Register February 27, 2012
    • February 27, 2012
    ...EPA to establish, by regulation, a drinking water intake zone which prohibits the discharge of sewage into that zone. 33 U.S.C. 1322(f), 40 CFR 140.4. The State of California, through the State Water Resources Control Board (State Board), applied to EPA for the establishment of an NDZ cover......
  • The Am. Waterways Operators v. Regan, 18-cv-2933 (APM)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • February 14, 2022
    ...‘the draught requirements on vessels that may be excluded because of insufficient water depth adjacent to the facility.'” Id. (quoting 40 C.F.R. § 140.4(a)(5)). Properly framed, however, such factors are best viewed as aspects of facilities' locations and other attributes of the facilities ......
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4 cases
  • Am. Waterways Operators v. Wheeler, Case No. 18-cv-02933 (APM)
    • United States
    • U.S. District Court — District of Columbia
    • November 30, 2020
    ...facilities is in conformance with Federal law; and(7) Information on vessel population and vessel usage of the subject waters. 40 C.F.R. § 140.4(a). Additionally, EPA has published extensive guidance for state and local officials that are interested in establishing NDZs under Section 312(f)......
  • American Waterways v. Department Of Ecology, No. 51547-4-II
    • United States
    • Court of Appeals of Washington
    • March 5, 2019
    ...Before a state agency can engage in rule making of this type, the agency must secure permission from the EPA. 33 U.S.C. § 1322(f)(3) ; 40 C.F.R. § 140.4. To obtain a complete prohibition of sewage discharge from vessels, the EPA requires an application that includes a "certification th......
  • The Am. Waterways Operators v. Regan, 18-cv-2933 (APM)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • February 14, 2022
    ...‘the draught requirements on vessels that may be excluded because of insufficient water depth adjacent to the facility.'” Id. (quoting 40 C.F.R. § 140.4(a)(5)). Properly framed, however, such factors are best viewed as aspects of facilities' locations and other attributes of the facilities ......
  • Operators v. Dep't of Ecology, No. 51547-4-II
    • United States
    • Court of Appeals of Washington
    • March 5, 2019
    ...Before a state agency can engage in rule making of this type, the agency must secure permission from the EPA. 33 U.S.C. § 1322(f)(3); 40 C.F.R. § 140.4. To obtain a complete prohibition of sewage discharge from vessels, the EPA requires an application that includes a "certification tha......

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