40 C.F.R. §122.41 - Conditions applicable to all permits (applicable to State programs, see Section 123.25)

Cite as40 C.F.R. §122.41
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
138 cases
  • Sierra Club v. Powellton Coal Co., LLC, Civil Action No. 2:08-1363.
    • United States
    • United States District Courts. 4th Circuit. Southern District of West Virginia
    • August 18, 2009
    ...effluent; and submit "discharge monitoring reports" ("DMRs") at regular intervals specified in the permit. 33 U.S.C. § 1318(a)(4)(A); 40 C.F.R. § 122.41(l)(4). "Noncompliance with a permit constitutes a violation of the [Clean Water] Act." Friends of the Earth, Inc. v. Laidlaw Envtl. Servs.......
  • PUBLIC INT. RESEARCH v. NJ EXPRESSWAY AUTHORITY, Civ. No. 91-1701.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • December 3, 1992
    ...reports are called "discharge monitoring reports" ("DMRs") and must be submitted at regular intervals specified in the permit. See 40 C.F.R. § 122.41(1)(4) (1991). Federal regulations provide for criminal penalties for the submission of false information in these reports, see 40 C.F.R. § 12......
  • Citizens for a Better Environ. v. Union Oil Co., C 94-0712 TEH
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • July 8, 1994
    ...1985 WL 9071. First, the enforcement agency modifying the permit must make a finding of cause appropriate for modifying the permit. 40 C.F.R. §§ 122.41(f), 122.62, 122.63. The Regional Board made no such finding in this case. Second, the enforcement agency must prepare a draft permit and is......
  • Hawaii's Thousand Friends v. Honolulu, Civ. No. 90-00218 HMF
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Hawaii)
    • April 27, 1993
    ...as discharge monitoring reports ("DMRs"), are public documents that must be submitted at regular intervals specified in the permit. 40 C.F.R. § 122.41(1)(4). In essence, "a discharger must report its own permit violations should they occur." SPIRG v. Fritzsche, Dodge & Olcott, Inc., 579 F.S......
  • Request a trial to view additional results
11 firm's commentaries
  • Trump's Enviro Law Impact May Not Be What Many Anticipate
    • United States
    • Mondaq United States
    • February 22, 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
    • October 4, 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
    • September 21, 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
    • September 19, 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(......
  • Request a trial to view additional results
9 books & journal articles
  • EPA enforcement
    • United States
    • Introduction to environmental law: cases and materials on water pollution control - 2d Edition
    • July 23, 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......
  • Inspections and information gathering
    • United States
    • Introduction to environmental law: cases and materials on water pollution control - 2d Edition
    • July 23, 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......
  • Addressing the Problem: The Judicial Branches
    • United States
    • Environmental justice: legal theory and practice. 3rd Edition
    • November 20, 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......
  • ENVIRONMENTAL CRIMES
    • United States
    • American Criminal Law Review Nbr. 58-3, July 2021
    • July 1, 2021
    ...Animal Advocate’s Best Friend: Using Environmental Statutes to Access Factory Farms, 2 J. ANIMAL L. & ETHICS 173, 183 (2007). 75. 40 C.F.R. § 122.41(i) (2020). 76. See, e.g., Marshall v. Barlow’s, Inc., 436 U.S. 307, 320–21 (1978) (stating administrative probable cause for issuing search wa......
  • Request a trial to view additional results
2 provisions
  • IL Register Vol. 41 Issue 5. Issue 5 - February 3, 2017 - Pages -748 - 1274
    • United States
    • Illinois Register
    • Invalid date
    ...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 ......
  • Chapter 143, SB 5677 – PUBLIC RECORDS--ACCESS--INMATES
    • United States
    • Washington Session Laws
    • January 1, 2009
    ...into the waters of the state, except those discharges that are due to a chronic or catastrophic event, or to an upset as provided in 40 C.F.R. Sec. 122.41, or to a bypass as provided in 40 C.F.R. Sec. 122.41, and that occur when:(i) A dairy producer has a current national pollutant discharg......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT