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(continued)
Not later than 4 years after February 4, 1987, the
Administrator shall establish regulations setting forth the
permit application requirements for stormwater discharges
described in paragraph (2)(D). Applications for permits for
such discharges shall be filed no later than 5 years after
February 4, 1987. Not later than 6 years after February 4,
1987, the Administrator or the State, as the case may be, shall
issue or deny each such permit. Any such permit shall provide
for compliance as expeditiously as practicable, but in no event
later than 3 years after the date of issuance of such permit.
(5) Studies
The Administrator, in consultation with the States, shall
conduct a study for the purposes of -
(A) identifying those stormwater discharges or classes of
stormwater discharges for which permits are not required
pursuant to paragraphs (1) and (2) of this subsection;
(B) determining, to the maximum extent practicable, the
nature and extent of pollutants in such discharges; and
(C) establishing procedures and methods to control stormwater
discharges to the extent necessary to mitigate impacts on water
quality.

Not later than October 1, 1988, the Administrator shall submit to
Congress a report on the results of the study described in
subparagraphs (A) and (B). Not later than October 1, 1989, the
Administrator shall submit to Congress a report on the results of
the study described in subparagraph (C).
(6) Regulations
Not later than October 1, 1993, the Administrator, in
consultation with State and local officials, shall issue
regulations (based on the results of the studies conducted under
paragraph (5)) which designate stormwater discharges, other than
those discharges described in paragraph (2), to be regulated to
protect water quality and shall establish a comprehensive program
to regulate such designated sources. The program shall, at a
minimum, (A) establish priorities, (B) establish requirements for
State stormwater management programs, and (C) establish
expeditious deadlines. The program may include performance
standards, guidelines, guidance, and management practices and
treatment requirements, as appropriate.
(q) Combined sewer overflows
(1) Requirement for permits, orders, and decrees
Each permit, order, or decree issued pursuant to this chapter
after December 21, 2000, for a discharge from a municipal
combined storm and sanitary sewer shall conform to the Combined
Sewer Overflow Control Policy signed by the Administrator on
April 11, 1994 (in this subsection referred to as the "CSO
control policy").
(2) Water quality and designated use review guidance
Not later than July 31, 2001, and after providing notice and
opportunity for public comment, the Administrator shall issue
guidance to facilitate the conduct of water quality and
designated use reviews for municipal combined sewer overflow
receiving waters.
(3) Report
Not later than September 1, 2001, the Administrator shall
transmit to Congress a report on the progress made by the
Environmental Protection Agency, States, and municipalities in
implementing and enforcing the CSO control policy.

-SOURCE-
(June 30, 1948, ch. 758, title IV, Sec. 402, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 880; amended Pub. L.
95-217, Secs. 33(c), 50, 54(c)(1), 65, 66, Dec. 27, 1977, 91 Stat.
1577, 1588, 1591, 1599, 1600; Pub. L. 100-4, title IV, Secs.
401-404(a), 404(c), formerly 404(d), 405, Feb. 4, 1987, 101 Stat.
65-67, 69, renumbered Sec. 404(c), Pub. L. 104-66, title II, Sec.
2021(e)(2), Dec. 21, 1995, 109 Stat. 727; Pub. L. 102-580, title
III, Sec. 364, Oct. 31, 1992, 106 Stat. 4862; Pub. L. 106-554, Sec.
1(a)(4) [div. B, title I, Sec. 112(a)], Dec. 21, 2000, 114 Stat.
2763, 2763A-224.)


-MISC1-
AMENDMENTS
2000 - Subsec. (q). Pub. L. 106-554 added subsec. (q).
1992 - Subsec. (p)(1), (6). Pub. L. 102-580 substituted "October
1, 1994" for "October 1, 1992" in par. (1) and "October 1, 1993"
for "October 1, 1992" in par. (6).
1987 - Subsec. (a)(1). Pub. L. 100-4, Sec. 404(c), inserted cl.
(A) and (B) designations.
Subsec. (c)(1). Pub. L. 100-4, Sec. 403(b)(2), substituted "as to
those discharges" for "as to those navigable waters".
Subsec. (c)(4). Pub. L. 100-4, Sec. 403(b)(1), added par. (4).
Subsec. (l). Pub. L. 100-4, Sec. 401, inserted "Limitation on
permit requirement" as subsec. heading designated existing
provisions as par. (1) and inserted par. heading, added par. (2),
and aligned pars. (1) and (2).
Subsecs. (m) to (p). Pub. L. 100-4, Secs. 402, 403(a), 404(a),
405, added subsecs. (m) to (p).
1977 - Subsec. (a)(5). Pub. L. 95-217, Sec. 50, substituted
"section 1314(i)(2)" for "section 1314(h)(2)".
Subsec. (b). Pub. L. 95-217, Sec. 50, substituted in provisions
preceding par. (1) "subsection (i)(2) of section 1314" for
"subsection (h)(2) of section 1314".
Subsec. (b)(8). Pub. L. 95-217, Sec. 54(c)(1), inserted reference
to identification in terms of character and volume of pollutants of
any significant source introducing pollutants subject to
pretreatment standards under section 1317(b) of this title into
treatment works and programs to assure compliance with pretreatment
standards by each source.
Subsec. (c)(1), (2). Pub. L. 95-217, Sec. 50, substituted
"section 1314(i)(2)" for "section 1314(h)(2)".
Subsec. (d)(2). Pub. L. 95-217, Sec. 65(b), inserted provision
requiring that, whenever the Administrator objects to the issuance
of a permit under subsec. (d)(2) of this section, the written
objection contain a statement of the reasons for the objection and
the effluent limitations and conditions which the permit would
include if it were issued by the Administrator.
Subsec. (d)(4). Pub. L. 95-217, Sec. 65(a), added par. (4).
Subsec. (e). Pub. L. 95-217, Sec. 50, substituted "subsection
(i)(2) of section 1314" for "subsection (h)(2) of section 1314".
Subsec. (h). Pub. L. 95-217, Sec. 66, substituted "where no State
program is approved or where the Administrator determines pursuant
to section 1319(a) of this title that a State with an approved
program has not commenced appropriate enforcement action with
respect to such permit," for "where no State program is approved,".
Subsec. (l). Pub. L. 95-217, Sec. 33(c), added subsec. (l).


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
Enforcement functions of Administrator or other official of the
Environmental Protection Agency under this section relating to
compliance with national pollutant discharge elimination system
permits with respect to pre-construction, construction, and initial
operation of transportation system for Canadian and Alaskan natural
gas were transferred to the Federal Inspector, Office of Federal
Inspector for the Alaska Natural Gas Transportation System, until
the first anniversary of the date of initial operation of the
Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of
1979, Secs. 102(a), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,
1376, effective July 1, 1979, set out in the Appendix to Title 5,
Government Organization and Employees. Office of Federal Inspector
for the Alaska Natural Gas Transportation System abolished and
functions and authority vested in Inspector transferred to
Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out
as an Abolition of Office of Federal Inspector note under section
719e of Title 15, Commerce and Trade.


-MISC2-
STORMWATER PERMIT REQUIREMENTS
Pub. L. 102-240, title I, Sec. 1068, Dec. 18, 1991, 105 Stat.
2007, provided that:
"(a) General Rule. - Notwithstanding the requirements of sections
402(p)(2)(B), (C), and (D) of the Federal Water Pollution Control
Act [33 U.S.C. 1342(p)(2)(B), (C), (D)], permit application
deadlines for stormwater discharges associated with industrial
activities from facilities that are owned or operated by a
municipality shall be established by the Administrator of the
Environmental Protection Agency (hereinafter in this section
referred to as the 'Administrator') pursuant to the requirements of
this section.
"(b) Permit Applications. -
"(1) Individual applications. - The Administrator shall require
individual permit applications for discharges described in
subsection (a) on or before October 1, 1992; except that any
municipality that has participated in a timely part I group
application for an industrial activity discharging stormwater
that is denied such participation in a group application or for
which a group application is denied shall not be required to
submit an individual application until the 180th day following
the date on which the denial is made.
"(2) Group applications. - With respect to group applications
for permits for discharges described in subsection (a), the
Administrator shall require -
"(A) part I applications on or before September 30, 1991,
except that any municipality with a population of less than
250,000 shall not be required to submit a part I application
before May 18, 1992; and
"(B) part II applications on or before October 1, 1992,
except that any municipality with a population of less than
250,000 shall not be required to submit a part II application
before May 17, 1993.
"(c) Municipalities With Less Than 100,000 Population. - The
Administrator shall not require any municipality with a population
of less than 100,000 to apply for or obtain a permit for any
stormwater discharge associated with an industrial activity other
than an airport, powerplant, or uncontrolled sanitary landfill
owned or operated by such municipality before October 1, 1992,
unless such permit is required by section 402(p)(2)(A) or (E) of
the Federal Water Pollution Control Act [33 U.S.C. 1342(p)(2)(A),
(E)].
"(d) Uncontrolled Sanitary Landfill Defined. - For the purposes
of this section, the term 'uncontrolled sanitary landfill' means a
landfill or open dump, whether in operation or closed, that does
not meet the requirements for run-on and run-off controls
established pursuant to subtitle D of the Solid Waste Disposal Act
[42 U.S.C. 6941 et seq.].
"(e) Limitation on Statutory Construction. - Nothing in this
section shall be construed to affect any application or permit
requirement, including any deadline, to apply for or obtain a
permit for stormwater discharges subject to section 402(p)(2)(A) or
(E) of the Federal Water Pollution Control Act [33 U.S.C.
1342(p)(2)(A), (E)].
"(f) Regulations. - The Administrator shall issue final
regulations with respect to general permits for stormwater
discharges associated with industrial activity on or before
February 1, 1992."

PHOSPHATE FERTILIZER EFFLUENT LIMITATION
Section 306(c) of Pub. L. 100-4 provided that:
"(1) Issuance of permit. - As soon as possible after the date of
the enactment of this Act [Feb. 4, 1987], but not later than 180
days after such date of enactment, the Administrator shall issue
permits under section 402(a)(1)(B) of the Federal Water Pollution
Control Act [33 U.S.C. 1342(a)(1)(B)] with respect to facilities -
"(A) which were under construction on or before April 8, 1974,
and
"(B) for which the Administrator is proposing to revise the
applicability of the effluent limitation established under
section 301(b) of such Act [33 U.S.C. 1311(b)] for phosphate
subcategory of the fertilizer manufacturing point source category
to exclude such facilities.
"(2) Limitations on statutory construction. - Nothing in this
section [amending section 1311 of this title and enacting this
note] shall be construed -
"(A) to require the Administrator to permit the discharge of
gypsum or gypsum waste into the navigable waters,
"(B) to affect the procedures and standards applicable to the
Administrator in issuing permits under section 402(a)(1)(B) of
the Federal Water Pollution Control Act [33 U.S.C.
1342(a)(1)(B)], and
"(C) to affect the authority of any State to deny or condition
certification under section 401 of such Act [33 U.S.C. 1341] with
respect to the issuance of permits under section 402(a)(1)(B) of
such Act."

LOG TRANSFER FACILITIES
Section 407 of Pub. L. 100-4 provided that:
"(a) Agreement. - The Administrator and Secretary of the Army
shall enter into an agreement regarding coordination of permitting
for log transfer facilities to designate a lead agency and to
process permits required under sections 402 and 404 of the Federal
Water Pollution Control Act [33 U.S.C. 1342, 1344], where both such
sections apply, for discharges associated with the construction and
operation of log transfer facilities. The Administrator and
Secretary are authorized to act in accordance with the terms of
such agreement to assure that, to the maximum extent practicable,
duplication, needless paperwork and delay in the issuance of
permits, and inequitable enforcement between and among facilities
in different States, shall be eliminated.
"(b) Applications and Permits Before October 22, 1985. - Where
both of sections 402 and 404 of the Federal Water Pollution Control
Act [33 U.S.C. 1342, 1344] apply, log transfer facilities which
have received a permit under section 404 of such Act before October
22, 1985, shall not be required to submit a new application for a
permit under section 402 of such Act. If the Administrator
determines that the terms of a permit issued on or before October
22, 1985, under section 404 of such Act satisfies the applicable
requirements of sections 301, 302, 306, 307, 308, and 403 of such
Act [33 U.S.C. 1311, 1312, 1316, 1317, 1318, and 1343], a separate
application for a permit under section 402 of such Act shall not
thereafter be required. In any case where the Administrator
demonstrates, after an opportunity for a hearing, that the terms of
a permit issued on or before October 22, 1985, under section 404 of
such Act do not satisfy the applicable requirements of sections
301, 302, 306, 307, 308, and 403 of such Act, modifications to the
existing permit under section 404 of such Act to incorporate such
applicable requirements shall be issued by the Administrator as an
alternative to issuance of a separate new permit under section 402
of such Act.
"(c) Log Transfer Facility Defined. - For the purposes of this
section, the term 'log transfer facility' means a facility which is
constructed in whole or in part in waters of the United States and
which is utilized for the purpose of transferring commercially
harvested logs to or from a vessel or log raft, including the
formation of a log raft."

ALLOWABLE DELAY IN MODIFYING EXISTING APPROVED STATE PERMIT
PROGRAMS TO CONFORM TO 1977 AMENDMENT
Section 54(c)(2) of Pub. L. 95-217 provided that any State permit
program approved under this section before Dec. 27, 1977, which
required modification to conform to the amendment made by section
54(c)(1) of Pub. L. 95-217, which amended subsec. (b)(8) of this
section, not be required to be modified before the end of the one
year period which began on Dec. 27, 1977, unless in order to make
the required modification a State must amend or enact a law in
which case such modification not be required for such State before
the end of the two year period which began on Dec. 27, 1977.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1251, 1283, 1284, 1285,
1288, 1301, 1311, 1314, 1317, 1318, 1319, 1321, 1323, 1328, 1341,
1343, 1344, 1345, 1365, 1369, 1371, 1373, 1377, 2104, 2803 of this
title; title 42 sections 6903, 6924, 6925, 6939e, 9601.

-End-



-CITE-
33 USC Sec. 1343 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER IV - PERMITS AND LICENSES

-HEAD-
Sec. 1343. Ocean discharge criteria

-STATUTE-
(a) Issuance of permits
No permit under section 1342 of this title for a discharge into
the territorial sea, the waters of the contiguous zone, or the
oceans shall be issued, after promulgation of guidelines
established under subsection (c) of this section, except in
compliance with such guidelines. Prior to the promulgation of such
guidelines, a permit may be issued under such section 1342 of this
title if the Administrator determines it to be in the public
interest.
(b) Waiver
The requirements of subsection (d) of section 1342 of this title
may not be waived in the case of permits for discharges into the
territorial sea.
(c) Guidelines for determining degradation of waters
(1) The Administrator shall, within one hundred and eighty days
after October 18, 1972 (and from time to time thereafter),
promulgate guidelines for determining the degradation of the waters
of the territorial seas, the contiguous zone, and the oceans, which
shall include:
(A) the effect of disposal of pollutants on human health or
welfare, including but not limited to plankton, fish, shellfish,
wildlife, shorelines, and beaches;
(B) the effect of disposal of pollutants on marine life
including the transfer, concentration, and dispersal of
pollutants or their byproducts through biological, physical, and
chemical processes; changes in marine ecosystem diversity,
productivity, and stability; and species and community population
changes;
(C) the effect of disposal, of pollutants on esthetic,
recreation, and economic values;
(D) the persistence and permanence of the effects of disposal
of pollutants;
(E) the effect of the disposal of varying rates, of particular
volumes and concentrations of pollutants;
(F) other possible locations and methods of disposal or
recycling of pollutants including land-based alternatives; and
(G) the effect on alternate uses of the oceans, such as mineral
exploitation and scientific study.

(2) In any event where insufficient information exists on any
proposed discharge to make a reasonable judgment on any of the
guidelines established pursuant to this subsection no permit shall
be issued under section 1342 of this title.

-SOURCE-
(June 30, 1948, ch. 758, title IV, Sec. 403, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 883.)


-MISC1-
DISCHARGES FROM POINT SOURCES IN UNITED STATES VIRGIN ISLANDS
ATTRIBUTABLE TO MANUFACTURE OF RUM; EXEMPTION; CONDITIONS
Discharges from point sources in the United States Virgin Islands
in existence on Aug. 5, 1983, attributable to the manufacture of
rum not to be subject to the requirements of this section under
certain conditions, see section 214(g) of Pub. L. 98-67, set out as
a note under section 1311 of this title.


-EXEC-
TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES
For extension of territorial sea and contiguous zone of United
States, see Proc. No. 5928 and Proc. No. 7219, respectively, set
out as notes under section 1331 of Title 43, Public Lands.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1254, 1288, 1311, 1314,
1342, 1344 of this title.

-End-



-CITE-
33 USC Sec. 1344 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER IV - PERMITS AND LICENSES

-HEAD-
Sec. 1344. Permits for dredged or fill material

-STATUTE-
(a) Discharge into navigable waters at specified disposal sites
The Secretary may issue permits, after notice and opportunity for
public hearings for the discharge of dredged or fill material into
the navigable waters at specified disposal sites. Not later than
the fifteenth day after the date an applicant submits all the
information required to complete an application for a permit under
this subsection, the Secretary shall publish the notice required by
this subsection.
(b) Specification for disposal sites
Subject to subsection (c) of this section, each such disposal
site shall be specified for each such permit by the Secretary (1)
through the application of guidelines developed by the
Administrator, in conjunction with the Secretary, which guidelines
shall be based upon criteria comparable to the criteria applicable
to the territorial seas, the contiguous zone, and the ocean under
section 1343(c) of this title, and (2) in any case where such
guidelines under clause (1) alone would prohibit the specification
of a site, through the application additionally of the economic
impact of the site on navigation and anchorage.
(c) Denial or restriction of use of defined areas as disposal sites
The Administrator is authorized to prohibit the specification
(including the withdrawal of specification) of any defined area as
a disposal site, and he is authorized to deny or restrict the use
of any defined area for specification (including the withdrawal of
specification) as a disposal site, whenever he determines, after
notice and opportunity for public hearings, that the discharge of
such materials into such area will have an unacceptable adverse
effect on municipal water supplies, shellfish beds and fishery
areas (including spawning and breeding areas), wildlife, or
recreational areas. Before making such determination, the
Administrator shall consult with the Secretary. The Administrator
shall set forth in writing and make public his findings and his
reasons for making any determination under this subsection.
(d) "Secretary" defined
The term "Secretary" as used in this section means the Secretary
of the Army, acting through the Chief of Engineers.
(e) General permits on State, regional, or nationwide basis
(1) In carrying out his functions relating to the discharge of
dredged or fill material under this section, the Secretary may,
after notice and opportunity for public hearing, issue general
permits on a State, regional, or nationwide basis for any category
of activities involving discharges of dredged or fill material if
the Secretary determines that the activities in such category are
similar in nature, will cause only minimal adverse environmental
effects when performed separately, and will have only minimal
cumulative adverse effect on the environment. Any general permit
issued under this subsection shall (A) be based on the guidelines
described in subsection (b)(1) of this section, and (B) set forth
the requirements and standards which shall apply to any activity
authorized by such general permit.
(2) No general permit issued under this subsection shall be for a
period of more than five years after the date of its issuance and
such general permit may be revoked or modified by the Secretary if,
after opportunity for public hearing, the Secretary determines that
the activities authorized by such general permit have an adverse
impact on the environment or such activities are more appropriately
authorized by individual permits.
(f) Non-prohibited discharge of dredged or fill material
(1) Except as provided in paragraph (2) of this subsection, the
discharge of dredged or fill material -
(A) from normal farming, silviculture, and ranching activities
such as plowing, seeding, cultivating, minor drainage, harvesting
for the production of food, fiber, and forest products, or upland
soil and water conservation practices;
(B) for the purpose of maintenance, including emergency
reconstruction of recently damaged parts, of currently
serviceable structures such as dikes, dams, levees, groins,
riprap, breakwaters, causeways, and bridge abutments or
approaches, and transportation structures;
(C) for the purpose of construction or maintenance of farm or
stock ponds or irrigation ditches, or the maintenance of drainage
ditches;
(D) for the purpose of construction of temporary sedimentation
basins on a construction site which does not include placement of
fill material into the navigable waters;
(E) for the purpose of construction or maintenance of farm
roads or forest roads, or temporary roads for moving mining
equipment, where such roads are constructed and maintained, in
accordance with best management practices, to assure that flow
and circulation patterns and chemical and biological
characteristics of the navigable waters are not impaired, that
the reach of the navigable waters is not reduced, and that any
adverse effect on the aquatic environment will be otherwise
minimized;
(F) resulting from any activity with respect to which a State
has an approved program under section 1288(b)(4) of this title
which meets the requirements of subparagraphs (B) and (C) of such
section,

is not prohibited by or otherwise subject to regulation under this
section or section 1311(a) or 1342 of this title (except for
effluent standards or prohibitions under section 1317 of this
title).
(2) Any discharge of dredged or fill material into the navigable
waters incidental to any activity having as its purpose bringing an
area of the navigable waters into a use to which it was not
previously subject, where the flow or circulation of navigable
waters may be impaired or the reach of such waters be reduced,
shall be required to have a permit under this section.
(g) State administration
(1) The Governor of any State desiring to administer its own
individual and general permit program for the discharge of dredged
or fill material into the navigable waters (other than those waters
which are presently used, or are susceptible to use in their
natural condition or by reasonable improvement as a means to
transport interstate or foreign commerce shoreward to their
ordinary high water mark, including all waters which are subject to
the ebb and flow of the tide shoreward to their mean high water
mark, or mean higher high water mark on the west coast, including
wetlands adjacent thereto) within its jurisdiction may submit to
the Administrator a full and complete description of the program it
proposes to establish and administer under State law or under an
interstate compact. In addition, such State shall submit a
statement from the attorney general (or the attorney for those
State agencies which have independent legal counsel), or from the
chief legal officer in the case of an interstate agency, that the
laws of such State, or the interstate compact, as the case may be,
provide adequate authority to carry out the described program.
(2) Not later than the tenth day after the date of the receipt of
the program and statement submitted by any State under paragraph
(1) of this subsection, the Administrator shall provide copies of
such program and statement to the Secretary and the Secretary of
the Interior, acting through the Director of the United States Fish
and Wildlife Service.
(3) Not later than the ninetieth day after the date of the
receipt by the Administrator of the program and statement submitted
by any State, under paragraph (1) of this subsection, the Secretary
and the Secretary of the Interior, acting through the Director of
the United States Fish and Wildlife Service, shall submit any
comments with respect to such program and statement to the
Administrator in writing.
(h) Determination of State's authority to issue permits under State
program; approval; notification; transfers to State program
(1) Not later than the one-hundred-twentieth day after the date
of the receipt by the Administrator of a program and statement
submitted by any State under paragraph (1) of this subsection, the
Administrator shall determine, taking into account any comments
submitted by the Secretary and the Secretary of the Interior,
acting through the Director of the United States Fish and Wildlife
Service, pursuant to subsection (g) of this section, whether such
State has the following authority with respect to the issuance of
permits pursuant to such program:
(A) To issue permits which -
(i) apply, and assure compliance with, any applicable
requirements of this section, including, but not limited to,
the guidelines established under subsection (b)(1) of this
section, and sections 1317 and 1343 of this title;
(ii) are for fixed terms not exceeding five years; and
(iii) can be terminated or modified for cause including, but
not limited to, the following:
(I) violation of any condition of the permit;
(II) obtaining a permit by misrepresentation, or failure to
disclose fully all relevant facts;
(III) change in any condition that requires either a
temporary or permanent reduction or elimination of the
permitted discharge.

(B) To issue permits which apply, and assure compliance with,
all applicable requirements of section 1318 of this title, or to
inspect, monitor, enter, and require reports to at least the same
extent as required in section 1318 of this title.
(C) To assure that the public, and any other State the waters
of which may be affected, receive notice of each application for
a permit and to provide an opportunity for public hearing before
a ruling on each such application.
(D) To assure that the Administrator receives notice of each
application (including a copy thereof) for a permit.
(E) To assure that any State (other than the permitting State),
whose waters may be affected by the issuance of a permit may
submit written recommendations to the permitting State (and the
Administrator) with respect to any permit application and, if any
part of such written recommendations are not accepted by the
permitting State, that the permitting State will notify such
affected State (and the Administrator) in writing of its failure
to so accept such recommendations together with its reasons for
so doing.
(F) To assure that no permit will be issued if, in the judgment
of the Secretary, after consultation with the Secretary of the
department in which the Coast Guard is operating, anchorage and
navigation of any of the navigable waters would be substantially
impaired thereby.
(G) To abate violations of the permit or the permit program,
including civil and criminal penalties and other ways and means
of enforcement.
(H) To assure continued coordination with Federal and
Federal-State water-related planning and review processes.

(2) If, with respect to a State program submitted under
subsection (g)(1) of this section, the Administrator determines
that such State -
(A) has the authority set forth in paragraph (1) of this
subsection, the Administrator shall approve the program and so
notify (i) such State and (ii) the Secretary, who upon subsequent
notification from such State that it is administering such
program, shall suspend the issuance of permits under subsections
(a) and (e) of this section for activities with respect to which
a permit may be issued pursuant to such State program; or
(B) does not have the authority set forth in paragraph (1) of
this subsection, the Administrator shall so notify such State,
which notification shall also describe the revisions or
modifications necessary so that such State may resubmit such
program for a determination by the Administrator under this
subsection.

(3) If the Administrator fails to make a determination with
respect to any program submitted by a State under subsection (g)(1)
of this section within one-hundred-twenty days after the date of
the receipt of such program, such program shall be deemed approved
pursuant to paragraph (2)(A) of this subsection and the
Administrator shall so notify such State and the Secretary who,
upon subsequent notification from such State that it is
administering such program, shall suspend the issuance of permits
under subsection (a) and (e) of this section for activities with
respect to which a permit may be issued by such State.
(4) After the Secretary receives notification from the
Administrator under paragraph (2) or (3) of this subsection that a
State permit program has been approved, the Secretary shall
transfer any applications for permits pending before the Secretary
for activities with respect to which a permit may be issued
pursuant to such State program to such State for appropriate
action.
(5) Upon notification from a State with a permit program approved
under this subsection that such State intends to administer and
enforce the terms and conditions of a general permit issued by the
Secretary under subsection (e) of this section with respect to
activities in such State to which such general permit applies, the
Secretary shall suspend the administration and enforcement of such
general permit with respect to such activities.
(i) Withdrawal of approval
Whenever the Administrator determines after public hearing that a
State is not administering a program approved under subsection
(h)(2)(A) of this section, in accordance with this section,
including, but not limited to, the guidelines established under
subsection (b)(1) of this section, the Administrator shall so
notify the State, and, if appropriate corrective action is not
taken within a reasonable time, not to exceed ninety days after the
date of the receipt of such notification, the Administrator shall
(1) withdraw approval of such program until the Administrator
determines such corrective action has been taken, and (2) notify
the Secretary that the Secretary shall resume the program for the
issuance of permits under subsections (a) and (e) of this section
for activities with respect to which the State was issuing permits
and that such authority of the Secretary shall continue in effect
until such time as the Administrator makes the determination
described in clause (1) of this subsection and such State again has
an approved program.
(j) Copies of applications for State permits and proposed general
permits to be transmitted to Administrator
Each State which is administering a permit program pursuant to
this section shall transmit to the Administrator (1) a copy of each
permit application received by such State and provide notice to the
Administrator of every action related to the consideration of such
permit application, including each permit proposed to be issued by
such State, and (2) a copy of each proposed general permit which
such State intends to issue. Not later than the tenth day after the
date of the receipt of such permit application or such proposed
general permit, the Administrator shall provide copies of such
permit application or such proposed general permit to the Secretary
and the Secretary of the Interior, acting through the Director of
the United States Fish and Wildlife Service. If the Administrator
intends to provide written comments to such State with respect to
such permit application or such proposed general permit, he shall
so notify such State not later than the thirtieth day after the
date of the receipt of such application or such proposed general
permit and provide such written comments to such State, after
consideration of any comments made in writing with respect to such
application or such proposed general permit by the Secretary and
the Secretary of the Interior, acting through the Director of the
United States Fish and Wildlife Service, not later than the
ninetieth day after the date of such receipt. If such State is so
notified by the Administrator, it shall not issue the proposed
permit until after the receipt of such comments from the
Administrator, or after such ninetieth day, whichever first occurs.
Such State shall not issue such proposed permit after such
ninetieth day if it has received such written comments in which the
Administrator objects (A) to the issuance of such proposed permit
and such proposed permit is one that has been submitted to the
Administrator pursuant to subsection (h)(1)(E) of this section, or
(B) to the issuance of such proposed permit as being outside the
requirements of this section, including, but not limited to, the
guidelines developed under subsection (b)(1) of this section unless
it modifies such proposed permit in accordance with such comments.
Whenever the Administrator objects to the issuance of a permit
under the preceding sentence such written objection shall contain a
statement of the reasons for such objection and the conditions
which such permit would include if it were issued by the
Administrator. In any case where the Administrator objects to the
issuance of a permit, on request of the State, a public hearing
shall be held by the Administrator on such objection. If the State
does not resubmit such permit revised to meet such objection within
30 days after completion of the hearing or, if no hearing is
requested within 90 days after the date of such objection, the
Secretary may issue the permit pursuant to subsection (a) or (e) of
this section, as the case may be, for such source in accordance
with the guidelines and requirements of this chapter.
(k) Waiver
In accordance with guidelines promulgated pursuant to subsection
(i)(2) of section 1314 of this title, the Administrator is
authorized to waive the requirements of subsection (j) of this
section at the time of the approval of a program pursuant to
subsection (h)(2)(A) of this section for any category (including
any class, type, or size within such category) of discharge within
the State submitting such program.
(l) Categories of discharges not subject to requirements
The Administrator shall promulgate regulations establishing
categories of discharges which he determines shall not be subject
to the requirements of subsection (j) of this section in any State
with a program approved pursuant to subsection (h)(2)(A) of this
section. The Administrator may distinguish among classes, types,
and sizes within any category of discharges.
(m) Comments on permit applications or proposed general permits by
Secretary of the Interior acting through Director of United
States Fish and Wildlife Service
Not later than the ninetieth day after the date on which the
Secretary notifies the Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife Service that
(1) an application for a permit under subsection (a) of this
section has been received by the Secretary, or (2) the Secretary
proposes to issue a general permit under subsection (e) of this
section, the Secretary of the Interior, acting through the Director
of the United States Fish and Wildlife Service, shall submit any
comments with respect to such application or such proposed general
permit in writing to the Secretary.
(n) Enforcement authority not limited
Nothing in this section shall be construed to limit the authority
of the Administrator to take action pursuant to section 1319 of
this title.
(o) Public availability of permits and permit applications
A copy of each permit application and each permit issued under
this section shall be available to the public. Such permit
application or portion thereof, shall further be available on
request for the purpose of reproduction.
(p) Compliance
Compliance with a permit issued pursuant to this section,
including any activity carried out pursuant to a general permit
issued under this section, shall be deemed compliance, for purposes
of sections 1319 and 1365 of this title, with sections 1311, 1317,
and 1343 of this title.
(q) Minimization of duplication, needless paperwork, and delays in
issuance; agreements
Not later than the one-hundred-eightieth day after December 27,
1977, the Secretary shall enter into agreements with the
Administrator, the Secretaries of the Departments of Agriculture,
Commerce, Interior, and Transportation, and the heads of other
appropriate Federal agencies to minimize, to the maximum extent
practicable, duplication, needless paperwork, and delays in the
issuance of permits under this section. Such agreements shall be
developed to assure that, to the maximum extent practicable, a
decision with respect to an application for a permit under
subsection (a) of this section will be made not later than the
ninetieth day after the date the notice for such application is
published under subsection (a) of this section.
(r) Federal projects specifically authorized by Congress
The discharge of dredged or fill material as part of the
construction of a Federal project specifically authorized by
Congress, whether prior to or on or after December 27, 1977, is not
prohibited by or otherwise subject to regulation under this
section, or a State program approved under this section, or section
1311(a) or 1342 of this title (except for effluent standards or
prohibitions under section 1317 of this title), if information on
the effects of such discharge, including consideration of the
guidelines developed under subsection (b)(1) of this section, is
included in an environmental impact statement for such project
pursuant to the National Environmental Policy Act of 1969 [42
U.S.C. 4321 et seq.] and such environmental impact statement has
been submitted to Congress before the actual discharge of dredged
or fill material in connection with the construction of such
project and prior to either authorization of such project or an
appropriation of funds for such construction.
(s) Violation of permits
(1) Whenever on the basis of any information available to him the
Secretary finds that any person is in violation of any condition or
limitation set forth in a permit issued by the Secretary under this
section, the Secretary shall issue an order requiring such person
to comply with such condition or limitation, or the Secretary shall
bring a civil action in accordance with paragraph (3) of this
subsection.
(2) A copy of any order issued under this subsection shall be
sent immediately by the Secretary to the State in which the
violation occurs and other affected States. Any order issued under
this subsection shall be by personal service and shall state with
reasonable specificity the nature of the violation, specify a time
for compliance, not to exceed thirty days, which the Secretary
determines is reasonable, taking into account the seriousness of
the violation and any good faith efforts to comply with applicable
requirements. In any case in which an order under this subsection
is issued to a corporation, a copy of such order shall be served on
any appropriate corporate officers.
(3) The Secretary is authorized to commence a civil action for
appropriate relief, including a permanent or temporary injunction
for any violation for which he is authorized to issue a compliance
order under paragraph (1) of this subsection. Any action under this
paragraph may be brought in the district court of the United States
for the district in which the defendant is located or resides or is
doing business, and such court shall have jurisdiction to restrain
such violation and to require compliance. Notice of the
commencement of such acton (!1) shall be given immediately to the
appropriate State.

(4) Any person who violates any condition or limitation in a
permit issued by the Secretary under this section, and any person
who violates any order issued by the Secretary under paragraph (1)
of this subsection, shall be subject to a civil penalty not to
exceed $25,000 per day for each violation. In determining the
amount of a civil penalty the court shall consider the seriousness
of the violation or violations, the economic benefit (if any)
resulting from the violation, any history of such violations, any
good-faith efforts to comply with the applicable requirements, the
economic impact of the penalty on the violator, and such other
matters as justice may require.
(t) Navigable waters within State jurisdiction
Nothing in this section shall preclude or deny the right of any
State or interstate agency to control the discharge of dredged or
fill material in any portion of the navigable waters within the
jurisdiction of such State, including any activity of any Federal
agency, and each such agency shall comply with such State or
interstate requirements both substantive and procedural to control
the discharge of dredged or fill material to the same extent that
any person is subject to such requirements. This section shall not
be construed as affecting or impairing the authority of the
Secretary to maintain navigation.

-SOURCE-
(June 30, 1948, ch. 758, title IV, Sec. 404, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 884; amended Pub. L.
95-217, Sec. 67(a), (b), Dec. 27, 1977, 91 Stat. 1600; Pub. L.
100-4, title III, Sec. 313(d), Feb. 4, 1987, 101 Stat. 45.)

-REFTEXT-
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in
subsec. (r), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
amended, which is classified generally to chapter 55 (Sec. 4321 et
seq.) of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set
out under section 4321 of Title 42 and Tables.


-MISC1-
AMENDMENTS
1987 - Subsec. (s). Pub. L. 100-4 redesignated par. (5) as (4),
substituted "$25,000 per day for each violation" for "$10,000 per
day of such violation", inserted provision specifying factors to
consider in determining the penalty amount, and struck out former
par. (4) which read as follows:
"(A) Any person who willfully or negligently violates any
condition or limitation in a permit issued by the Secretary under
this section shall be punished by a fine of not less than $2,500
nor more than $25,000 per day of violation, or by imprisonment for
not more than one year, or by both. If the conviction is for a
violation committed after a first conviction of such person under
this paragraph, punishment shall be by a fine of not more than
$50,000 per day of violation, or by imprisonment for not more than
two years, or by both.
"(B) For the purposes of this paragraph, the term 'person' shall
mean, in addition to the definition contained in section 1362(5) of
this title, any responsible corporate officer." (continued)