[Effective 11/27/2023] Establishing limitations, standards, and other permit conditions (applicable to State NPDES programs, see Section 123.25)
| Currency | Current through May 31, 2023 |
| Citation | 40 C.F.R. §122.44 |
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155 cases
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West Virginia Highlands Conservancy v. Huffman
... ... 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 ... ...
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Wash. State Dairy Fed'n v. State
... ... 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 ... ...
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Arkansas v. Oklahoma Environmental Protection Agency v. Oklahoma
... ... 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 ... ...
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McClellan Ecological Seepage v. Weinberger
... ... 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
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The Permit Shield Defense: What The Fourth Circuit Did Not Address In Ohio Valley
...numeric effluent limits for any pollutant that has a reasonable potential to cause a WQS violation. See 33 U.S.C. § 1311(b)(1)(C); 40 C.F.R. §§ 122.44(d)(1), 122.4(d). As the Fourth Circuit recognized, Fola's permit (like permits in prior District Court cases enforcing similar narrative eff......
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EPA’s Chesapeake Bay TMDL Survives Legal Challenge: Stricter Water Quality Regulation of Farms, Municipalities, Industry, and Business May Follow
...title>[16] Chesapeake Bay TMDL at ES-1. [17] See 984 F.Supp. 2d at 334–44. [18] 40 C.F.R. § 122.44(d)(1)(vii)(B). [19] Chesapeake Bay TMDL at [20] Id. at ES-1. [21]...
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Supreme Court Holds Clean Water Act Does Regulate Some Point Source Discharges to Groundwater
...developing general permits for recurring situations or by issuing permits based on best practices where appropriate. See, e.g., 40 CFR §122.44(k) (2019).” Id. at 17-18. It is noted that judges could mitigate this “hardship” or “injustice” when they “apply the statute’s penalty provisions.” ......
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Clean Water Act Regulations Do Not Require Numeric Testing Of Individual Pollutants Or Numeric Effluent Limitations For Industrial Stormwater Discharges
...focus not only on the quality of the discharge itself but also the quality of the receiving body of water. Specifically, pursuant to 40 C.F.R. § 122.44(d)(1)(i), a permitting agency must impose WQBELs when pollutants may be discharged at a level that will cause or have the potential to caus......
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12 books & journal articles
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ENVIRONMENTAL CRIMES
...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......
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Environmental Crimes
...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 ......
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Environmental Crimes
...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......
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Water quality standards
...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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3 provisions
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MO Register Vol. 39 No. 2. (Pages 187-426)
...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......
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SB 2 – Revise environmental protection laws
...works or any discharge to a privately owned treatment works in violation of any permit conditions established in accordance with 40 C.F.R. 122.44(m). (7) A household sewage treatment system or a small flow on-site sewage treatment system, as applicable, as defined in section 3718.01 of the ......
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IL Register Vol.27 issue 41. Issue 41 October 10, 2003
Pages 15662-16081
...(as N) (ammonia nitrogen WQBELs) that are necessary to prevent waters of the State from exceeding water quality standards pursuant to 40 CFR 122.44(d)(1) and 35 Ill. Adm. Code 309.141(d)(3). Ammonia nitrogen WQBELs must be sufficient to ensure compliance with the water quality standards for......