40 C.F.R. § 423.11 - Specialized definitions

Cite as40 C.F.R. § 423.11
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29 practice notes
  • Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category
    • United States
    • Federal Register June 07, 2013
    • June 7, 2013
    ...regulated by this proposed action, you should carefully examine the applicability criteria listed in 40 CFR 423.10 and the definitions in 40 CFR 423.11 of the rule and detailed further in Section V--Scope/Applicability of the Proposed Rule, of this preamble. If you still have questions rega......
  • Definition of “Waters of the United States” Under the Clean Water Act
    • United States
    • Federal Register April 21, 2014
    • April 21, 2014
    ...that is no longer in the Code of Federal Regulations. The parenthetical to be deleted states: ``(other than cooling ponds as defined in 40 CFR 423.11(m) which also meet the criteria of this definition).'' The agencies do not consider this deletion to be a substantive change to the waste tre......
  • Appalachian Power Co. v. Train, s. 74-2096
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • August 31, 1976
    ...stream and which is used to remove waste heat from heated condenser water prior to recirculating the water to the main condenser." 40 CFR § 423.11(n). Cooling ponds, by way of contrast, include "any manmade water impoundment which does not impede the flow of a navigable stream and which is ......
  • City of Alma v. US, CV589-51
    • United States
    • United States District Courts. 11th Circuit. United States District Court (Southern District of Georgia)
    • August 24, 1990
    ...treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA (other than cooling ponds as defined in 40 CFR 423.11(m) which also meet the criteria of this definition) are not waters of the United (t) The term "wetlands" means those areas that are inundate......
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16 cases
  • Genon Mid-Atlantic, LLC v. Md. Dep't of the Env't, No. 883, 884 and 885, Sept. Term, 2019
    • United States
    • Court of Special Appeals of Maryland
    • October 28, 2020
    ...the installed equipment.(4) Other factors as appropriate. Effluent Limitations Guidelines, 80 Fed. Reg. at 67,894 (codified at 40 C.F.R. § 423.11(t) (2016) ) (emphasis added).GenOn argues, though, that the EPA expressed an intention to revisit the 2015 Final Rule, and the Department should ......
  • City of Alma v. US, No. CV589-51
    • United States
    • United States District Courts. 11th Circuit. United States District Court (Southern District of Georgia)
    • August 24, 1990
    ...treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA (other than cooling ponds as defined in 40 CFR 423.11(m) which also meet the criteria of this definition) are not waters of the United (t) The term "wetlands" means those areas that are inundate......
  • Appalachian Power Co. v. Train, Nos. 74-2096
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • August 31, 1976
    ...stream and which is used to remove waste heat from heated condenser water prior to recirculating the water to the main condenser." 40 CFR § 423.11(n). Cooling ponds, by way of contrast, include "any manmade water impoundment which does not impede the flow of a navigable stream and which is ......
  • Hoffman Homes, Inc. v. Administrator, U.S. E.P.A., No. 90-3810
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • April 20, 1992
    ...treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA (other than cooling ponds as defined in 40 CFR 423.11(m) which also meet the criteria of this definition) are not waters of the United 40 C.F.R. § 230.3(s). The Corps definition of "waters of th......
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7 books & journal articles
  • Statutory and Regulatory Citations
    • United States
    • Wetlands Deskbook Appendices
    • November 11, 2009
    ...treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA (other than cooling ponds as deined in 40 CFR 423.11(m) which also meet the criteria of this deinition) are not waters of the United States. (b) he term wetlands means those areas that are inund......
  • Statutory and Regulatory Citations
    • United States
    • Wetlands deskbook. 4th edition Appendices
    • April 11, 2015
    ...treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA (other than cooling ponds as deined in 40 CFR 423.11(m) which also meet the criteria of this deinition) are not waters of the United States. (b) he term wetlands means those areas that are inund......
  • The basic prohibition of the clean water act
    • United States
    • Introduction to environmental law: cases and materials on water pollution control - 2d Edition
    • July 23, 2017
    ...source materials, note that, in its deinition of “waste treatment systems,” EPA refers to the deinition of “cooling ponds” found at 40 C.F.R. § 423.11(m) (2007). hat regulation, however, contains no deinition of “cooling ponds;” instead, EPA deines “coal pile runof,” i.e., “the rainfall run......
  • Can Wetland Property Be Developed? Regulated Activities and Statutory Exemptions
    • United States
    • Wetlands deskbook. 4th edition -
    • April 11, 2015
    ...systems, including treatment ponds or lagoons designed to meet the requirements of CWA (other than cooling ponds as deined in 40 C.F.R. 423.11(m) which also meet the criteria of this deinition) are not waters of the United States.” 280. U.S. EPA and U.S. Department of the Army, Memorandum f......
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