40 CFR 230.10 - Restrictions on discharge
| Cite as | 40 CFR 230.10 |
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280 practice notes
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Water pollution control:
National Pollutant Discharge Elimination System
Cooling water intake structures at Phase III facilities; requirements,
...ROM the specific information that is CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR Part 2. In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contai......
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Part II
...other requirements, all practicable steps are taken to avoid, minimize and mitigate for the environmental effects of a discharge. See 40 CFR 230.10. Of particular relevance here, the regulations require that steps be taken to ``minimize potential adverse effects of the discharge on the aqua......
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Stream Protection Rule
...to a violation of a water quality standard or cause or contribute to significant degradation of the waters of the United States. 40 CFR 230.10(b), (c)(1) through (c)(3). The 404(b)(1) Guidelines require the ACE to analyze more than 15 different factors that could be impacted by the proposed......
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Water pollution control:
National Pollutant Discharge Elimination System
Cooling water intake structures at Phase II existing facilities; requirements,
...other requirements, all practicable steps are taken to avoid, minimize and mitigate for the environmental effects of a discharge. See 40 CFR 230.10. Of particular relevance here, the regulations require that steps be taken to ``minimize potential adverse effects of the discharge on the aqua......
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235 cases
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Black Warrior Riverkeeper, Inc. v. Ala. Dep't of Transp., CASE NO. 2:11-CV-267-WKW (WO)
...that the proposed fill will not cause significant adverse effects on human health or welfare, aquatic life, and aquatic ecosystems. 40 C.F.R. § 230.10(c)(1)-(3). COE must make a written determination of the effects of a proposed activity "on the physical, chemical, and biological components......
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Friends of the Earth v. Hintz, No. 84-4176
...wetlands area for log storage was a "water dependant use" and whether feasible alternatives existed. See 33 C.F.R. Sec. 320.4(b)(4); 40 C.F.R. Sec. 230.10(a)(3). Rayonier argued in the reports that its "integrated" operation required a storage facility close to its dock operations, and that......
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Wy Outdoor Council Powder River v. U.S. Army Corps, No. 02-CV-155-D.
...the Corps performs an analysis of the probable effects of a proposed discharge upon the aquatic ecosystem. See, e.g., 40 C.F.R. §§ 230.6(d), 230.10. According to the guidelines, the Corps can issue a general permit only where the activities being authorized by the permit are similar both in......
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West Virginia Coal Ass'n v. Reilly, Civ. A. No. 2:87-0834.
...of such facility will be consistent with the guidelines issued under the authority of Section 404(b)(1) of the Clean Water Act and 40 CFR 230.10. 4. The discharge from such facility located in a wet weather stream will be in compliance with applicable effluent 5. Such facility may be locate......
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5 firm's commentaries
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Environmental Mitigation In Mining: Unique Challenges And Opportunities
...and compensatein that order. The "avoidance" element of the sequence was embodied in the preexisting Section 404(b) (1) Guidelines, 40 C.F.R. Part 230, which require an applicant to avoid any adverse impact to waters if there is a "practicable alternative" to doing so. There is a rebuttabl......
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EPA And USACE Clarify Guidelines For Wetland Mitigation In Alaska
...do not cause or contribute to the violation of water quality standards or threaten endangered species or their habitat (see 40 CFR Part 230.10(b)). When an applicant proposes a development project, a local district office of the USACE spearheads the wetlands permitting. According to reporti......
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EPA and USACE Clarify Guidelines for Wetland Mitigation in Alaska
...do not cause or contribute to the violation of water quality standards or threaten endangered species or their habitat (see 40 CFR Part 230.10(b)). When an applicant proposes a development project, a local district office of the USACE spearheads the wetlands permitting. According to reporti......
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Seventh Circuit Draws Roadmap For Section 404 Review Of Major Infrastructure Projects
...less adverse impact on the aquatic ecosystem,” unless that alternative would have “other significant environmental consequences.” 40 C.F.R. § 230.10(a). The Guidelines define “practicable” to mean “available and capable of being done after taking into consideration cost, existing technology......
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15 books & journal articles
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The Next Generation of Mitigation: Advancing Conservation Through Landscape-Level Mitigation Planning
...42. Daniel L. Mandelker, NEPA Law and Litigation (2d ed. 1992). 43. 33 U.S.C. §1344 (2007). 44. 40 C.F.R. §230 (2009). 45. 33 C.F.R. §320.4(r) (2009). 32. 42 U.S.C. §§4321-4370f, ELR Stat. NEPA §§2-209. 33. 40 C.F.R. §1508.20 (2009). 34. Robertson v. Methow Valley Citizens Council, 490 U.S.......
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Practicable Alternatives for Wetlands Development Under the Clean Water Act
...U.S. A C E, C E W D M (2013).4. 40 C.F.R. §230.10(a) (2018).Copyright © 2018 Environmental Law Institute®, Washington, DC. Reprinted with permission from ELR®, http://www.eli.org, 10-2018 NEWS & ANALYSIS 48 ELR 10895but are told they mu......
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Federal Wetlands Law Permits Under §404
...engineers can presume that a state’s water quality certiication satisies the requirements of CWA §401, the §404(b)(1) guidelines, 40 C.F.R. §230.10(b)(1), and the Corps regulations at 33 C.F.R. §20.4(d). However, the Corps may take into account EPA’s objections and concerns over water quali......
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Statutory and Regulatory Citations
...whether a particular discharge activity should be permitted, the district engineer shall apply the section 404(b)(1) guidelines (40 CFR part 230.10(a) (1), (2), (3)). (5) In addition to the policies expressed in this subpart, the Congressional policy expressed in the Estuary Protection Act,......
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