40 CFR 110.1 - Definitions
| Cite as | 40 CFR 110.1 |
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19 practice notes
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Practice and procedure:
Territorial seas, navigable waters, and jurisdiction; definitions,
...that our proposed definition of ``navigable waters'' differed from the U.S. Environmental Protection Agency's (EPA's) definition in 40 CFR part 110 (specifically in 40 CFR 110.1) and that with respect to the Federal Water Pollution Control Act Amendments, known as the Clean Water Act, EPA h......
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Definition of “Waters of the United States” Under the Clean Water Act
...seas, and adjacent wetlands. 33 CFR 328.3; 40 CFR 230.3(s). Counterpart and substantively similar regulatory definitions appear at 40 CFR 110.1, 112.2, 116.3, 117.1, 122.2, 232.2, 300.5, part 300 App. E, 302.3 and The current regulatory definition of ``waters of the United States'' provides......
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The Navigable Waters Protection Rule: Definition of “Waters of the United States”
...throughout this notice at 33 CFR 328.3. The EPA's codification of the definition of ``waters of the United States'' is found at 40 CFR 110.1, 112.2, 116.3, 117.1, 122.2, 230.3, 232.2, 300.5, 302.3, 401.11, and Appendix E to Part 300. This final rule also codifies the definition of ``waters ......
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Navigable Waters
...its 40 C.F.R. §230.3 deinition applies to the §404 permit program. Other EPA deinitions of the waters of the United States appear at 40 C.F.R. §§110.1, 112.2, 116.3, 117.1, 232.2, 300.5, 302.2, and 401.11. he Corps’ 33 C.F.R. §328 deinition applies to the §404 permit program and its 33 C.F.......
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5 cases
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Rice v. Harken Exploration Co., Civ.A.No. 2:97CV00402.
...that waste treatment systems (other than cooling ponds meeting the criteria of this paragraph) are not waters of the United States. 40 C.F.R. § 110.1 (emphasis The definition found in the OPA regulations defines navigable waters simply as "waters of the United States, including the territor......
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Pickens v. Kanawha River Towing, No. C-1-93-790.
...description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water...." 40 C.F.R. § 110.1. The regulations specifically exclude discharges of oil from engines, "but discharges of such oil accumulated in a vessel's bilges shall not......
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U.S. v. Kennebec Log Driving Co., No. 75--1357
...regulations under the Federal Water Pollution Control Act, 33 U.S.C. § 1321(b)(3) as amended, relating to the discharge of oil, 40 C.F.R. §§ 110.1--110.9 (1975), illustrates the detail and scope of the necessary provisions. 2 When we confront the clear, cold reality of describing what we wo......
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United States v. Egan Marine Corp., Case No. 08 C 3160
.... . . [into] the navigable waters of the United States . . . in such quantities as may be harmful[.]" 33 U.S.C. § 1321(b)(3). See also 40 C.F.R. § 110.1 et seq. (interpreting "harmful" quantity). Under 33 U.S.C. § 1321(b)(7)(D), where an unlawful discharge of oil "was the result of gross ne......
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3 firm's commentaries
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EPA And Corps Published New Rule Establishing February 5, 2020 “Applicability Date” For 2015 Rule
...the rules located in Title 33 of the Code of Federal Regulations (33 C.F.R. § 328.3) and Title 40 of the Code of Federal Regulations (40 C.F.R. § 110.1; 40 C.F.R. § 112.2; 40 C.F.R. § 116.3; 40 C.F.R. § 117.1; 40 C.F.R. § 122.2; 40 C.F.R. § 230.3; 40 C.F.R. § 232.2; 40 C.F.R. § 300.5 and Ap......
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311/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Leominster, Massachusetts Oil Company Enter into Expedited Settlement Agreement
...Massachusetts, when the vehicle rolled on its side. A spill of oil is stated to have constituted the discharge of oil as defined in 40 CFR § 110.1. Such discharge is stated to have been to wetlands associated with the navigable waters of the United States as defined in Section 502(7) of the......
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EPA, Army Corps Propose New Rule to Govern Federal Clean Water Act Jurisdiction
...and the CWA: • Clean Water Act Regulations – 33 CFR § 328.3 (Army Corps of Engineers regulations for implementation of Clean Water Act) – 40 CFR § 110.1 (EPA regulations for discharge of oil) – 40 CFR § 112.2 (EPA regulations for oil pollution prevention) – 40 CFR § 116.3 (EPA regulations f......
5 books & journal articles
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Navigable Waters
...its 40 C.F.R. §230.3 deinition applies to the §404 permit program. Other EPA deinitions of the waters of the United States appear at 40 C.F.R. §§110.1, 112.2, 116.3, 117.1, 232.2, 300.5, 302.2, and 401.11. he Corps’ 33 C.F.R. §328 deinition applies to the §404 permit program and its 33 C.F.......
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Plain Meaning, Precedent, and Metaphysics: Interpreting the 'Navigble Waters' Element of the Clean Water Act Offense
...with identical or substantially identical deinitions of navigable waters or waters of the United States. See 33 C.F.R. §328.3, 40 C.F.R. §§110.1, 112.2, 116.3, 117.9(i), 122.2, 230.3(s) & (t), 232.2, 300.5, 300 Appendix E to Part 300, 3.2.3 and 401.11, 79 Fed. Reg. 22188, 22262-74. Referenc......
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Waters of the United States' and the Agricultural Production Sector: Sweeping Change or More of the Same?
...Army Corps Deinition of Waters of the United States (which would apply to dredge and ill permits under 33 C.F.R. ch. II, pt. 323); 40 C.F.R. §110.1, EPA Discharge of Oil; 40 C.F.R. §112.1, EPA Oil Pollution Prevention; 40 C.F.R. §116.3, EPA Designation of Hazardous Substances; 40 C.F.R. §11......
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Waters Protected by the Clean Water Act: Cutting Through the Rhetoric on the Proposed Rule
...program). EPA has also deined “waters of the United States” or “navigable waters” for purposes of the other CWA regulatory programs at 40 C.F.R. §110.1 (discharges of oil) (“navigable waters”); 40 C.F.R. §112.2 (oil pollution prevention) (“navigable waters”); 40 C.F.R. §116.3 (hazardous sub......
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