[Effective 11/27/2023] Establishing limitations, standards, and other permit conditions (applicable to State NPDES programs, see Section 123.25)

CurrencyCurrent through May 31, 2023
Citation 40 C.F.R. §122.44
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155 cases
  • West Virginia Highlands Conservancy v. Huffman
    • United States
    • U.S. District Court — Southern District of West Virginia
    • August 24, 2009
    ... ... pollutants without the appropriate permit. If the WVDEP is indeed in violation of the CWA, ... Pollutant Discharge Elimination System ("WV/NPDES") permit under the CWA, 33 U.S.C. § 1342, to the ... (quoting EPA v. California ex rel. State Water Res. Control Bd., 426 U.S. 200, 205, 96 ... control technology, plus any limitations needed to meet state water quality standards ... § 1342, or, in other words, without a NPDES permit. 2 (Compl.¶¶ ... Section 402 of the CWA, "establishes the NPDES permitting ... of permitting systems: state permit programs that must satisfy federal requirements and be ... and who does not have an effective permit ... must submit a complete application ... for approval, the federal program is applicable and the Secretary of the Interior is vested with ... the issuance of NPDES permits if the conditions of the permit cannot ensure compliance with the ... intended that the federal law establishing minimum national standards would `drop out' as ... ...
  • Wash. State Dairy Fed'n v. State
    • United States
    • Washington Court of Appeals
    • June 29, 2021
    ... ... 2000, Seattle, WA, 98104-3188, for Other Parties. PUBLISHED OPINION Cruser, J. 490 P.3d ... Operation (CAFO) Waste Discharge General Permit (state only permit) and "Combined" National tant Discharge Elimination System (NPDES) and State Waste Discharge General CAFO Permit ... the PCHB erred because (1) the permit conditions do not satisfy the "all known, available, and ... CAFOs will not violate water quality standards, (3) the permits do not provide for adequate ... permits at issue in this case became effective in March 2017 and will expire in March 2022. IV ... an agency action bears the burden of establishing its invalidity. RCW 34.05.570(1)(a). 30 We may ... through the use of effluent limitations or best management practices. WAC ... condition, is the AKART requirement applicable to existing lagoons. Ecology argues that S7.B is ... As explained in section II, infra , the methods contained within the ... ...
  • Arkansas v. Oklahoma Environmental Protection Agency v. Oklahoma
    • United States
    • U.S. Supreme Court
    • February 26, 1992
    ... ... of water quality measures: effluent limitations, which are promulgated by the Environmental ... (EPA or Agency), and water quality standards, which are promulgated by the States. The Act ... Pollution Discharge Elimination System (NPDES) permit from a State with an EPA-approved permit ... Respondents, Oklahoma and other Oklahoma parties, challenged the permit before ... limitations necessary to comply with applicable state water quality standards, and that those ... effluent that would contribute to conditions currently constituting a violation of applicable ... to develop long-range, area-wide programs to alleviate and eliminate existing pollution ... ' reading of § 510, but held that that section did "no more than ... Page 100 ... to save ... intended to preclude the EPA from establishing a general requirement that such permits be ... , downstream States might wield an effective veto over upstream discharges ... ...
  • McClellan Ecological Seepage v. Weinberger
    • United States
    • U.S. District Court — Eastern District of California
    • June 20, 1988
    ... ... Each major section below (RCRA and the Clean Water Act) will be ... waste after November 19, 1980 to obtain a permit from EPA or from a state authorized by EPA to ... management facility must fulfill three conditions. See RCRA § 3005(e)(1). First, the facility ... on November 19, 1980 or on the effective date of the statutory or regulatory changes which ... Second, where applicable, the owner or operator must have submitted ... comply with self-implementing technical standards that are analogous to but less stringent than the ... to administer their own hazardous waste programs "in lieu of" the Federal program. Specifically, ... to commence a civil action against any other person, including the United States, who is ... is directed to establish effluent limitations and standards of performance for "point sources" ... Pollutant Discharge Elimination System ("NPDES"), established pursuant to section 402 of the ... ...
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8 firm's commentaries
20 books & journal articles
  • ENVIRONMENTAL CRIMES
    • United States
    • American Criminal Law Review No. 58-3, July 2021
    • July 1, 2021
    ...monitoring equipment and methods, or take samples of any eff‌lu-ents that the owner or operator is required to test.282 273. See 40 C.F.R. § 122.44(k) (2020) (describing circumstances in which EPA may promulgate “best management practices” in the place of numerical eff‌luent limitation guid......
  • Environmental Crimes
    • United States
    • American Criminal Law Review No. 60-3, July 2023
    • July 1, 2023
    ...an eff‌luent source to gain access to or copy any required records, inspect 286. 33 U.S.C. §§ 1314(b), 1318(a), 1342(a)(2). 287. See 40 C.F.R. § 122.44(k) (2022) (describing circumstances in which EPA may promulgate “best management practices” in the place of numerical eff‌luent limitation ......
  • Environmental Crimes
    • United States
    • American Criminal Law Review No. 59-3, July 2022
    • July 1, 2022
    ...an application at least 90 days before construction commences). 281. Id. 282. 33 U.S.C. §§ 1314(b), 1318(a), 1342(a)(2). 283. See 40 C.F.R. § 122.44(k) (2022) (describing circumstances in which EPA may promulgate “best management practices” in the place of numerical eff‌luent limitation gui......
  • Water quality standards
    • United States
    • Introduction to environmental law: cases and materials on water pollution control - 2d Edition
    • July 23, 2017
    ...are regulated through the federal permit regime, with TMDLs incorporated into the eluent and technological-based limitations. 40 C.F.R. § 122.44(d)(1)(vii) (B). Although EPA has the authority to issue permits, it has delegated that authority to the states, at least to the majority of them, ......
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29 provisions
  • MO Register Vol. 39 No. 2. (Pages 187-426)
    • United States
    • Missouri Register
    • January 1, 2014
    ...nine (6.5-9.0) to six to nine (6-9). These changes comport with the applicable federal regulations for toxicity-based effluent limits (40 CFR §§122.44(d) and 135.105). However, effluent limits must contain the more stringent of the applicable technology-based effluent limits or the applicab......
  • Montana Register, 2014, Issue 15, August 7, 2014 Pages 1633-1853
    • United States
    • Montana Register
    • Invalid date
    ...(c) Where sources within a specific category or subcategory of discharges are subject to water quality-based limits imposed pursuant to 40 CFR 122.44, the sources in that specific category or subcategory shall be subject to the same water quality-based effluent (d) The general permit must c......
  • Georgia Monthly Bulletin, 2020-05, May 2020
    • United States
    • Georgia Register
    • Invalid date
    ...Calculations and specification of effluent limits and standards shall be made in accordance with the provisions of Federal Regulations, 40 C.F.R. 122.44 and (c) The foregoing requirements shall be applied in considering all applications made pursuant to O.C.G.A. Section 12-5-30, and no such......
  • Arizona Administrative Register, Volume 25, Issue 40, October 4, 2019, p. 2511-2978
    • United States
    • Arizona Register
    • Invalid date
    ...limits are calculated to ensure that the permittee does not cause or contribute to water quality violations in any water body. See 40 C.F.R. § 122.44(d)(1). Hence, ADEQ may take an enforcement action for violations of permit conditions and limits, because exceedance of those limits and ance......
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