Conditions applicable to all permits (applicable to State programs, see Section 123.25)

CurrencyCurrent through May 31, 2023
Citation 40 C.F.R. §122.41
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137 cases
  • Sierra Club v. Powellton Coal Co., LLC
    • United States
    • U.S. District Court — Southern District of West Virginia
    • 18 August 2009
    ... ... provisions for "citizen suits" found in section 505(a) of the CWA, 33 U.S.C. § 1365(a), and ... All NPDES permits authorizing the discharge of pollutants are ... upon such discharges satisfying the applicable requirements of the CWA. 33 U.S.C. § 1342(a)(1) ... § 1342(b). Once the EPA approves a state's proposed NPDES program, the EPA suspends its ... shall comply with the terms and conditions of the permit, all applicable performance ... subject to the comprehensive regulatory programs set forth in the CWA and the WVWPCA" is by ... ...
  • PUBLIC INT. RESEARCH v. NJ EXPRESSWAY AUTHORITY
    • United States
    • U.S. District Court — District of New Jersey
    • 3 December 1992
    ... ... § 1341-1345, discharge permits can be issued to particular entities, allowing ... § 1342(a)(1). Section 402(a)(1) authorizes the Administrator of the ... discharge point 3 in accordance with conditions set forth in the permit. The permit imposed ... necessary regulatory approvals from various state agencies for this project was apparently time ... ...
  • Citizens for a Better Environ. v. Union Oil Co., C 94-0712 TEH
    • United States
    • U.S. District Court — Northern District of California
    • 8 July 1994
    ... ... deadlines contained in certain pollution permits issued to defendants Unocal and Exxon pursuant to ... of an administrative order, issued by a state agency charged with enforcing the Clean Water ... at certain levels subject to certain conditions. See 33 U.S.C. § 1342. The effluent discharge ... regulatory agency, provided that the applicable state or regional regulatory scheme under which ... 895 pollutant pursuant to this code section. See 40 C.F.R. § 401.15. As part of such ... ...
  • Hawaii's Thousand Friends v. Honolulu, Civ. No. 90-00218 HMF
    • United States
    • U.S. District Court — District of Hawaii
    • 27 April 1993
    ... ... 1373 ... E. The State NPDES Program ... This written notice is required by section 505(b)(1)(A) of the Clean Water Act, 33 U.S.C. § ... into deep marine waters to obtain NPDES permits for discharge at less than secondary treatment ... to prescribe effluent limitation conditions that meet the discharge requirements set forth in ... court finds that this factor is not applicable to the determination of an appropriate penalty ... ...
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11 firm's commentaries
  • Trump's Enviro Law Impact May Not Be What Many Anticipate
    • United States
    • Mondaq United States
    • 22 February 2017
    ...Act, 42 U.S.C. § 4911; Deepwater Ports Act, 33 U.S.C. § 1515; Outer Continental Shelf Lands Act, 43 U.S.C. § 1349. 33 U.S.C.§ 1342. 40 C.F.R. § 122.41. See, e.g., Pub. Interest Research Group of New Jersey Inc. v. Elf Atochem N. Am., Inc., 817 F. Supp. 1164, 1168 (D.N.J. See Governor takes ......
  • Hurricane Irma Client Alert: Addressing Environmental Releases And Obligations
    • United States
    • Mondaq United States
    • 4 October 2017
    ...noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee." 40 C.F.R. § 122.41(n)(1). Emergencies that require expedited procedures for the processing of permit applications by the Corps of Engineers. 33 C.F.R. § 325.2(......
  • Hurricane Harvey Client Alert: Addressing Environmental Releases And Obligations
    • United States
    • Mondaq United States
    • 21 September 2017
    ...noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee." 40 C.F.R. § 122.41(n)(1). Emergencies that require expedited procedures for the processing of permit applications by the Corps of Engineers. 33 C.F.R. § 325.2(......
  • Hurricane Irma Client Alert: Addressing Environmental Releases and Obligations
    • United States
    • JD Supra United States
    • 19 September 2017
    ...noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee.” 40 C.F.R. § 122.41(n)(1). Emergencies that require expedited procedures for the processing of permit applications by the Corps of Engineers. 33 C.F.R. § 325.2(......
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20 books & journal articles
  • Civil Environmental Enforcement Litigation
    • United States
    • ABA General Library Environmental Litigation: Law and Strategy. Second Edition -
    • 1 January 2019
    ...also Ohio Valley Envtl. Coal. v. Fola Coal Co., 845 F.3d 133, 142 (4th Cir. 2017). 98. CAA § 504(f), 42 U.S.C. § 7661c(f) (2012). 99. 40 C.F.R. § 122.41(n)(1) (2017). 100. See id. § 122.41(n)(3). 101. See Sierra Club v. Union Oil of Cal., 813 F.2d 1480, 1487–88 (9th Cir. 1987), vacated on o......
  • Inspections and information gathering
    • United States
    • Introduction to environmental law: cases and materials on water pollution control - 2d Edition
    • 23 July 2017
    ...see United States v. V-1 Oil Co ., 63 F.3d 909, 26 ELR 20058 (9th Cir. 1995). d. Consent to Search as Permit Condition Examine 40 C.F.R. § 122.41. It provides that a condition be included in each NPDES permit requiring the permittee to allow entry by government EPA inspectors. CODE OF FEDER......
  • EPA enforcement
    • United States
    • Introduction to environmental law: cases and materials on water pollution control - 2d Edition
    • 23 July 2017
    ...elimination system (NPDES) states, thanks to the comprehensive reporting system established in the NPDES permit regulations. See 40 C.F.R. §§ 122.41(j), ( l ), 122.44(g), (i), 122.47(a) (4), 122.48(b), (c). he regulations require permittees to report permit violations and to submit periodic......
  • Addressing the Problem: The Judicial Branches
    • United States
    • Environmental justice: legal theory and practice. 3rd Edition
    • 20 November 2014
    ...with all conditions of Permit No. LA0036439 at the North Wastewater Treatment Plant. Noncompliance violates the Clean Water Act. 40 C.F.R. §122.41(a). 23. Baton Rouge violates both the 85% reduction requirement, as set out in Permit No. LA0036439 and the less stringent 75% reduction require......
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26 provisions
  • IL Register Vol. 41 Issue 5. Issue 5 - February 3, 2017 - Pages -748 - 1274
    • United States
    • Illinois Register
    • 1 January 2017
    ...source of the minimum set of NPDES data from NPDES-regulated entities: i) Discharge monitoring reports (as required by USEPA pursuant to 40 CFR 122.41(l)(4)). ii) This subsection (b)(3)(A)(ii) corresponds with 40 CFR 127.11(a)(2), which pertains to sewage sludge/biosolids annual reports, a ......
  • IL Register Volume 45, Issue 27. Issue 27 - July 2, 2021 - Pages 8,009 - 8,171
    • United States
    • Illinois Register
    • 1 January 2021
    ...of the minimum set of NPDES data from NPDES-regulated entities: i) Discharge monitoring reports (as required by USEPA under pursuant to 40 CFR 122.41(l)(4)). ii) This subsection (b)(3)(A)(ii) corresponds with 40 CFR 127.11(a)(2), which pertains to sewage sludge/biosolids annual reports, a s......
  • IL Register Vol. 40 Issue 44. Issue 44 - October 28, 2016 - Pages -14,374 - 14,816
    • United States
    • Illinois Register
    • 1 January 2016
    ...source of the minimum set of NPDES data from NPDES-regulated entities: i) Discharge monitoring reports (as required by USEPA pursuant to 40 CFR 122.41(l)(4)). ii) This subsection (b)(3)(A)(ii) corresponds with 40 CFR 127.11(a)(2), which pertains to sewage sludge/biosolids annual reports, a ......
  • MO Register Vol. 39 No. 2. (Pages 187-426)
    • United States
    • Missouri Register
    • 1 January 2014
    ...the language does not address the minimum content requirements for bypass reports. This omission could be remedied by referencing 40 CFR § 122.41(j)(3). In addition, EPA noted that the proposed rule allows Publicly-Owned Treatment Works (POTWs) to report bypasses that occur during storm wat......
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