40 CFR 122.27 - Silvicultural activities (applicable to State NPDES programs, see 123.25)
| Cite as | 40 CFR 122.27 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
38 practice notes
-
Water programs: Clean Water Act Water quality planning and management; National Pollutant Discharge Elimination System program and Federal antidegradation policy,
...NPDES regulations categorically exclude silviculutral road construction and maintenance from the definition of ``point source.'' 40 CFR 122.27(b). Therefore, the silviculture regulation excludes discharges from forest roads from the universe of sources that can be regulated under the NPDES ......
-
Environmental Defense Center, Inc. v. U.S. E.P.A., No. 00-70014.
...non-point source activities, including "surface drainage, or road construction and maintenance from which there is natural runoff." 40 C.F.R. § 122.27(b)(1).41 EPA asserts that the exclusion applies to forest roads in general, not only to "construction" and "maintenance" — an assertion disp......
-
North Carolina Growers Ass'n v. Holly Ridge Assoc., No. 7:01-CV-36-BO(3).
...the ditches or other point sources discussed above are not listed as "silvacultural point sources" under EPA regulations, see 40 C.F.R. § 122.27(b)(1),7 ditches are specifically included in the CWA's statutory definition of the term "point source." See 33 U.S.C. § 1362(14). Because the ditc......
-
Environment. Orotect, Info. Ctr. v. Pacific Lumber, No. C 01-2821 MHP.
...and fire control, harvesting operations, surface drainage, or road construction and maintenance from which there is natural runoff. 40 C.F.R. § 122.27(b)(1) (emphasis C. 1987 Amendments on Municipal and Industrial Stormwater Discharges In 1987, Congress amended the CWA to include a section ......
Request a trial to view additional results
17 cases
-
Environmental Defense Center, Inc. v. U.S. E.P.A., No. 00-70014.
...non-point source activities, including "surface drainage, or road construction and maintenance from which there is natural runoff." 40 C.F.R. § 122.27(b)(1).41 EPA asserts that the exclusion applies to forest roads in general, not only to "construction" and "maintenance" — an assertion disp......
-
North Carolina Growers Ass'n v. Holly Ridge Assoc., No. 7:01-CV-36-BO(3).
...the ditches or other point sources discussed above are not listed as "silvacultural point sources" under EPA regulations, see 40 C.F.R. § 122.27(b)(1),7 ditches are specifically included in the CWA's statutory definition of the term "point source." See 33 U.S.C. § 1362(14). Because the ditc......
-
Environment. Orotect, Info. Ctr. v. Pacific Lumber, No. C 01-2821 MHP.
...and fire control, harvesting operations, surface drainage, or road construction and maintenance from which there is natural runoff. 40 C.F.R. § 122.27(b)(1) (emphasis C. 1987 Amendments on Municipal and Industrial Stormwater Discharges In 1987, Congress amended the CWA to include a section ......
-
Sierra Club v. Martin, No. Civ.A.196CV926FMH.
...are operated in connection with silvicultural activities and from which pollutants are discharged into waters of the United States." 40 C.F.R. § 122.27. The regulations define "rock crushing and gravel washing facilities" as "facilities which process crushed and broken stone, gravel, and ri......
Request a trial to view additional results
11 firm's commentaries
-
Supreme Court Docket Report - June 26, 2012
...rejected this argument, concluding that the discharges are exempted from the NPDES permitting process by the "Silvicultural Rule," 40 C.F.R. § 122.27, which in the Ninth Circuit's words, "categorically exempts all discharges from silvicultural activities resulting from natural runoff," 617 ......
-
U.S. Supreme Court To Review Two Controversial Decisions On Clean Water Act Jurisdiction
...(U.S. June 25, 2012) (No. 11-347). >4 673 F.3d 880 (9th Cir. 2011), cert.granted, __ U.S.L.W. __ (U.S. June 25, 2012) (No. 11-460). 5 40 C.F.R. § 122.27. 6 The Supreme Court will also review whether a citizen can bypass review of the rule under 33 U.S.C. § 1369, and may instead challenge th......
-
U.S. Supreme Court: NPDES Permits Are Not Required For Logging Road Stormwater Runoff
...Ctr. v. Brown, 617 F.3d 1176 (9th Cir. 2010), withdrawn and superseded by 640 F.3d 1063 (9th Cir. 2011). [2] 568 U.S. ____ (2013). [3] 40 C.F.R. § 122.27. [4] 77 Fed. Reg. 72970-72975 (Dec. 7, 2012) (to be codified at 40 C.F.R. § [5] Nw. Envtl. Def. v. U.S. EPA, No. 13-70057 (9th Cir. filed......
-
Supreme Court Upholds EPA's Logging Road Exception From Clean Water Act NPDES Permitting
...No. 11-347, Georgia-Pacific West, Inc., et al. v. Northwest Environmental Defense Center, also on certiorari to the Supreme Court. 2 40 C.F.R. §122.27(b)(1). WIKIPEDIA defines "Silviculture" as "the practice of controlling the establishment, growth, composition, health and quality of forest......
Request a trial to view additional results
5 books & journal articles
-
Can Wetland Property Be Developed? Regulated Activities and Statutory Exemptions
...in a 2007 Regulatory Guidance Letter (RGL 07-02). 327 318. Id. at 810 (citing 33 U.S.C. §§1311(a), 1342(a), 1362(12), (14), af’d 40 C.F.R. §122.27(b)(I)). 319. Id. (citing 33 U.S.C. §§1344(f)(1)(A), (f)(l)(E)). 320. 2008 WL 2199369 (S.D. Ga. 2008). 321. Id. at *7. 322. 33 C.F.R. §323.4(a)(l......
-
Plain Meaning, Precedent, and Metaphysics: Interpreting the 'Point Source' Element of the Clean Water Act Offense
...were, however, §402(p)’s recapture provision for stormwater associated with industrial activities, as interpreted by EPA’s regulation, 40 C.F.R. §122.27(b)(1), covers SIC Code 24, the forest products industry, including Group 2411, “Logging,” for establishments primarily engaged in cutting ......
-
Point Source
...dissent 158 provide detailed analyses of CWA §402(p) and EPA’s industrial stormwater and silviculture regulations, 40 C.F.R. §§122.26 and 122.27. he majority’s focus on EPA’s interpretation of regulations applied to particular silvicultural activities diminishes the force of its decision on......
-
The basic prohibition of the clean water act
...and ire control, harvesting operations, surface drainage, or road construction and maintenance from which there is natural runof.” 40 C.F.R. § 122.27(b)(1). Under the quoted rule, any discharge from a logging-related source that qualiies as a point source requires an NPDES permit unless som......
Request a trial to view additional results