Definitions
| Currency | Current through May 31, 2023 |
| Citation | 40 C.F.R. §122.2 |
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6 cases
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Md. Dep't of the Env't v. Assateague Coastal Trust
...maintenance procedures, and other management practices to prevent or reduce the pollution of ‘waters of the United States.’ " 40 C.F.R. § 122.2. "BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste di......
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Living Lands, LLC v. Cline
...pollutants are or may be discharged" and "discharge of pollutants" to include "surface runoff which is collected or channeled by man." 40 C.F.R. § 122.2. However, though Subtitle C refers to "point source discharges," the comment clarifies that the exclusion does not include "industrial was......
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Ben Porto & Son, Ltd. v. Montgomery Cty.
...U.S.C. § 1342(a). Conversely, a general permit "authoriz[es] a category of discharges under the CWA within a geographical area." 40 C.F.R. § 122.2 (2022); see also Md. Code Regs. ("COMAR") 26.08.01.01(35) (" ‘General permit’ is a discharge permit issued to a class of dischargers."). "[A] ge......
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San Carlos Apache Tribe v. State
...Quality Appeals Board (the "Board"). The Tribe claimed that the construction of Shaft 10 and other new features created a "new source," 40 C.F.R. §§ 122.2, 122.29(b), rather than an "existing source," 40 C.F.R. § 122.29(a)(3), under the CWA. The Tribe maintained that, as a "new source," Sha......
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9 firm's commentaries
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Controversial New Clean Water Rule Unlikely to Significantly Change Regulatory Status Quo
...(EPA’s definition of WOTUS), 51 Fed. Reg. 41206, 41216-17, 41232, 41250-51 (Nov. 13, 1986) (the Corps’ definition of WOTUS), with 40 C.F.R. § 122.2 (2014) (EPA’s definition of WOTUS until the new rule takes effect), 33 C.F.R. § 328.3 (2014) (the Corps’ definition of WOTUS until the new rule......
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EPA And Corps Published New Rule Establishing February 5, 2020 “Applicability Date” For 2015 Rule
...§ 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 Appendix E; 40 C.F.R. § 302.3; and finally, 40 C.F.R. § Anthony Cavender funct......
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EPA, Army Corps Propose New Rule to Govern Federal Clean Water Act Jurisdiction
...of hazardous substances) – 40 CFR § 117.1 (EPA regulations for determination of reportable quantities for hazardous substances) – 40 CFR § 122.2 (EPA regulations for the NPDES program) – 40 CFR § 230.3(s) (EPA regulations for section 404(b)(1) guidelines for specification of disposal sites ......
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What’s The Point (Source)?
...and 758–86 (Kennedy, K., concurring) (requiring a “significant nexus” between the wetlands and navigable waters). [6] See, e.g., 40 C.F.R. § 122.2 (EPA definition for purposes of NPDES program). See also EPA, “Definition of Waters of the United States under the Clean Water Act (February 27,......
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6 books & journal articles
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Table of Statutes
...C.F.R. pt. 80 subpt. M: 2.10(2)(e) 40 C.F.R. pt. 50: 2.10(4)(b), 12.7 40 C.F.R. pt. 81: 12.7 40 C.F.R. pt. 85: 2.10(2)(b), 2.10(2)(b) 40 C.F.R. § 122.2: 12.3, 12.4(2)(d), 12 app. A §A.II(2), 12 app. A §A.IX(1)(b), 12 app. A §A.IX(7)(b), 12 app. A §A.XI(1)(b), 12 app. A §A.XIV(1)(b) 40 C.F.R......
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§12.3 - Scope of Jurisdiction and Regulatory Authority
...in ... this section. 33 C.F.R. §328.3(a) (Corps of Engineers); 40 C.F.R. §230.3(s) (EPA); see also 40 C.F.R. §§110.1, 112.2, 116.3, 117.1, 122.2, 232.2, 300.5, 302.3, 401.11, & 40 C.F.R. pt. 300 (for substantively similar regulatory (1) Federal agencies Under the CWA, federal jurisdiction i......
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Successful Agriculture and Clean Water?: A Workable Path Forward for Regulating Drainage Districts as Point Sources Under the Clean Water Act
...stormwater.” 215 The CWA and the EPA do not specifically define agricultural stormwater discharge. However, discharge is defined in 40 C.F.R. 122.2 as “discharge of a pollutant,” while stormwater is defined as “storm water runoff, snow melt 206. 33 U.S.C. § 1362(14) (“This term does not inc......
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§12.4 - Permitting Under Washington Law
...state Under the state NPDES permit program, "surface waters of the state" means "all waters defined as 'waters of the United States' in 40 C.F.R. §122.2 that are within the boundaries of the state of Washington. This includes lakes, rivers, ponds, streams, inland waters, wetlands, ocean, ba......
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