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CurrencyCurrent through May 31, 2023
Citation 40 C.F.R. §122.2
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6 cases
  • Md. Dep't of the Env't v. Assateague Coastal Trust
    • United States
    • Maryland Court of Appeals
    • August 9, 2023
    ...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......
  • Living Lands, LLC v. Cline
    • United States
    • U.S. District Court — Southern District of West Virginia
    • February 21, 2023
    ...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......
  • Ben Porto & Son, Ltd. v. Montgomery Cty.
    • United States
    • Court of Special Appeals of Maryland
    • July 9, 2024
    ...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......
  • San Carlos Apache Tribe v. State
    • United States
    • Arizona Supreme Court
    • June 27, 2024
    ...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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6 books & journal articles
  • Table of Statutes
    • United States
    • Washington State Bar Association Washington Real Property Deskbook Series Volume 7: Environmental Regulation (WSBA) Table of Statutes
    • Invalid date
    ...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......
  • §12.3 - Scope of Jurisdiction and Regulatory Authority
    • United States
    • Washington State Bar Association Washington Real Property Deskbook Series Volume 7: Environmental Regulation (WSBA) Chapter 12 The Clean Water Act
    • Invalid date
    ...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......
  • Successful Agriculture and Clean Water?: A Workable Path Forward for Regulating Drainage Districts as Point Sources Under the Clean Water Act
    • United States
    • Iowa Law Review No. 103-3, March 2018
    • March 1, 2018
    ...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......
  • §12.4 - Permitting Under Washington Law
    • United States
    • Washington State Bar Association Washington Real Property Deskbook Series Volume 7: Environmental Regulation (WSBA) Chapter 12 The Clean Water Act
    • Invalid date
    ...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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