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33USC26, Water Pollution Prevention and Control
CP
post Apr 16 2008, 11:52 AM
Post #1


Master Mucker!
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Group: Admin
Posts: 4,136
Joined: 7-October 03
From: Colorado
Member No.: 3



This is a hot topic concerning gold prospecting with several parts listed below
Also this link goes to a new report of the EPA's ruling not to regulate water transfers which falls into this catagory.
http://www.msnbc.msn.com/id/13098965

Sec. 1344. Permits for dredged or fill material
QUOTE
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2006]
[CITE: 33USC1344]


TITLE 33--NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER IV--PERMITS AND LICENSES

Sec. 1344. Permits for dredged or fill material


(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 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 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.

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;
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 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.
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.

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.
---------------------------------------------------------------------------
\1\ So in original. Probably should be ``action''.
---------------------------------------------------------------------------
(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.

(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.)

References in Text

The National Environmental Policy Act of 1969, referred to in
subsec. , 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.


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.''
1977--Subsec. (a). Pub. L. 95-217, Sec. 67(a)(1), substituted ``The
Secretary'' for ``The Secretary of the Army, acting through the Chief of
Engineers,'' and inserted provision that, 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 publish the notice required by this subsection.
Subsecs. (b), . Pub. L. 95-217, Sec. 67(a)(2), substituted ``the
Secretary'' for ``the Secretary of the Army''.
Subsecs. (d) to (t). Pub. L. 95-217, Sec. 67(b), added subsecs. (d)
to (t).

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 and of Secretary or other official in
Department of the Interior relating to review of the Corps of Engineers'
dredged and fill material permits and such functions of Secretary of the
Army, Chief of Engineers, or other official in Corps of Engineers of the
United States Army relating to compliance with dredged and fill material
permits issued under this section 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), (b), (e), 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. Functions and authority vested in
Secretary of Energy subsequently transferred to Federal Coordinator for
Alaska Natural Gas Transportation Projects by section 720d(f) of Title
15.


Mitigation and Mitigation Banking Regulations

Pub. L. 108-136, div. A, title III, Sec. 314(b), Nov. 24, 2003, 117
Stat. 1431, provided that:
``(1) To ensure opportunities for Federal agency participation in
mitigation banking, the Secretary of the Army, acting through the Chief
of Engineers, shall issue regulations establishing performance standards
and criteria for the use, consistent with section 404 of the Federal
Water Pollution Control Act (33 U.S.C. 1344), of on-site, off-site, and
in-lieu fee mitigation and mitigation banking as compensation for lost
wetlands functions in permits issued by the Secretary of the Army under
such section. To the maximum extent practicable, the regulatory
standards and criteria shall maximize available credits and
opportunities for mitigation, provide flexibility for regional
variations in wetland conditions, functions and values, and apply
equivalent standards and criteria to each type of compensatory
mitigation.
``(2) Final regulations shall be issued not later than two years
after the date of the enactment of this Act [Nov. 24, 2003].''


Regulatory Program

Pub. L. 106-377, Sec. 1(a)(2) [title I], Oct. 27, 2000, 114 Stat.
1441, 1441A-63, provided in part that: ``For expenses necessary for
administration of laws pertaining to regulation of navigable waters and
wetlands, $125,000,000, to remain available until expended: Provided,
That the Secretary of the Army, acting through the Chief of Engineers,
is directed to use funds appropriated herein to: (1) by March 1, 2001,
supplement the report, Cost Analysis For the 1999 Proposal to Issue and
Modify Nationwide Permits, to reflect the Nationwide Permits actually
issued on March 9, 2000, including changes in the acreage limits,
preconstruction notification requirements and general conditions between
the rule proposed on July 21, 1999, and the rule promulgated and
published in the Federal Register; (2) after consideration of the cost
analysis for the 1999 proposal to issue and modify nationwide permits
and the supplement prepared pursuant to this Act [H.R. 5483, as enacted
by section 1(a)(2) of Pub. L. 106-377, see Tables for classification]
and by September 30, 2001, prepare, submit to Congress and publish in
the Federal Register a Permit Processing Management Plan by which the
Corps of Engineers will handle the additional work associated with all
projected increases in the number of individual permit applications and
preconstruction notifications related to the new and replacement permits
and general conditions. The Permit Processing Management Plan shall
include specific objective goals and criteria by which the Corps of
Engineers' progress towards reducing any permit backlog can be measured;
(3) beginning on December 31, 2001, and on a biannual basis thereafter,
report to Congress and publish in the Federal Register, an analysis of
the performance of its program as measured against the criteria set out
in the Permit Processing Management Plan; (4) implement a 1-year pilot
program to publish quarterly on the U.S. Army Corps of Engineer's
Regulatory Program website all Regulatory Analysis and Management
Systems (RAMS) data for the South Pacific Division and North Atlantic
Division beginning within 30 days of the enactment of this Act [Oct. 27,
2000]; and (5) publish in Division Office websites all findings,
rulings, and decisions rendered under the administrative appeals process
for the Corps of Engineers Regulatory Program as established in Public
Law 106-60 [113 Stat. 486]: Provided further, That, through the period
ending on September 30, 2003, the Corps of Engineers shall allow any
appellant to keep a verbatim record of the proceedings of the appeals
conference under the aforementioned administrative appeals process:
Provided further, That within 30 days of the enactment of this Act, the
Secretary of the Army, acting through the Chief of Engineers, shall
require all U.S. Army Corps of Engineers Divisions and Districts to
record the date on which a section 404 individual permit application or
nationwide permit notification is filed with the Corps of Engineers:
Provided further, That the Corps of Engineers, when reporting permit
processing times, shall track both the date a permit application is
first received and the date the application is considered complete, as
well as the reason that the application is not considered complete upon
first submission.''


Authority To Delegate to State of Washington Functions of the Secretary
Relating to Lake Chelan, Washington

Section 76 of Pub. L. 95-217 provided that: ``The Secretary of the
Army, acting through the Chief of Engineers, is authorized to delegate
to the State of Washington upon its request all or any part of those
functions vested in such Secretary by section 404 of the Federal Water
Pollution Control Act [this section] and by sections 9, 10, and 13 of
the Act of March 3, 1899 [sections 401, 403, and 407 of this title],
relating to Lake Chelan, Washington, if the Secretary determines (1)
that such State has the authority, responsibility, and capability to
carry out such functions, and (2) that such delegation is in the public
interest. Such delegation shall be subject to such terms and conditions
as the Secretary deems necessary, including, but not limited to,
suspension and revocation for cause of such delegation.''

Contiguous Zone of United States

For extension of contiguous zone of United States, see Proc. No.
7219, set out as a note under section 1331 of Title 43, Public Lands.


Sec. 1371. Authority under other laws and regulations
QUOTE
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2006]
[CITE: 33USC1371]


TITLE 33--NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER V--GENERAL PROVISIONS

Sec. 1371. Authority under other laws and regulations


(a) Impairment of authority or functions of officials and agencies;
treaty provisions

This chapter shall not be construed as (1) limiting the authority or
functions of any officer or agency of the United States under any other
law or regulation not inconsistent with this chapter; (2) affecting or
impairing the authority of the Secretary of the Army (A) to maintain
navigation or (B) under the Act of March 3, 1899, (30 Stat. 1112);
except that any permit issued under section 1344 of this title shall be
conclusive as to the effect on water quality of any discharge resulting
from any activity subject to section 403 of this title, or (3) affecting
or impairing the provisions of any treaty of the United States.

(b) Discharges of pollutants into navigable waters

Discharges of pollutants into the navigable waters subject to the
Rivers and Harbors Act of 1910 (36 Stat. 593; 33 U.S.C. 421) and the
Supervisory Harbors Act of 1888 (25 Stat. 209; 33 U.S.C. 441-451b) shall
be regulated pursuant to this chapter, and not subject to such Act of
1910 and the Act of 1888 except as to effect on navigation and
anchorage.

Action of the Administrator deemed major Federal action;
construction of the National Environmental Policy Act of 1969

(1) Except for the provision of Federal financial assistance for the
purpose of assisting the construction of publicly owned treatment works
as authorized by section 1281 of this title, and the issuance of a
permit under section 1342 of this title for the discharge of any
pollutant by a new source as defined in section 1316 of this title, no
action of the Administrator taken pursuant to this chapter shall be
deemed a major Federal action significantly affecting the quality of the
human environment within the meaning of the National Environmental
Policy Act of 1969 (83 Stat. 852) [42 U.S.C. 4321 et seq.]; and
(2) Nothing in the National Environmental Policy Act of 1969 (83
Stat. 852) shall be deemed to--
(A) authorize any Federal agency authorized to license or permit
the conduct of any activity which may result in the discharge of a
pollutant into the navigable waters to review any effluent
limitation or other requirement established pursuant to this chapter
or the adequacy of any certification under section 1341 of this
title; or
(B) authorize any such agency to impose, as a condition
precedent to the issuance of any license or permit, any effluent
limitation other than any such limitation established pursuant to
this chapter.

(d) Consideration of international water pollution control agreements

Notwithstanding this chapter or any other provision of law, the
Administrator (1) shall not require any State to consider in the
development of the ranking in order of priority of needs for the
construction of treatment works (as defined in subchapter II of this
chapter), any water pollution control agreement which may have been
entered into between the United States and any other nation, and (2)
shall not consider any such agreement in the approval of any such
priority ranking.

(June 30, 1948, ch. 758, title V, Sec. 511, as added Pub. L. 92-500,
Sec. 2, Oct. 18, 1972, 86 Stat. 893; amended Pub. L. 93-243, Sec. 3,
Jan. 2, 1974, 87 Stat. 1069.)

References in Text

Act of March 3, 1899, referred to in subsec. (a), is act Mar. 3,
1899, ch. 425, 30 Stat. 1121, as amended, which enacted sections 401,
403, 404, 406, 407, 408, 409, 411 to 416, 418, 502, 549, and 687 of this
title and amended section 686 of this title. For complete classification
of this Act to the Code, see Tables.
The Rivers and Harbors Act of 1910, referred to in subsec. (b),
probably means act June 23, 1910, ch. 359, 36 Stat. 593.
The Supervisory Harbors Act of 1888, referred to in subsec. (b),
probably means act June 29, 1888, ch. 496, 25 Stat. 209, as amended,
which is classified generally to subchapter III (Sec. 441 et seq.) of
chapter 9 of this title. For complete classification of this Act to the
Code, see Tables.
The National Environmental Policy Act of 1969, referred to in
subsec. , 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.


Amendments

1974--Subsec. (d). Pub. L. 93-243 added subsec. (d).


Sec. 1362. Definitions
QUOTE
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2006]
[CITE: 33USC1362]


TITLE 33--NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER V--GENERAL PROVISIONS

Sec. 1362. Definitions

Except as otherwise specifically provided, when used in this
chapter:
(1) The term ``State water pollution control agency'' means the
State agency designated by the Governor having responsibility for
enforcing State laws relating to the abatement of pollution.
(2) The term ``interstate agency'' means an agency of two or more
States established by or pursuant to an agreement or compact approved by
the Congress, or any other agency of two or more States, having
substantial powers or duties pertaining to the control of pollution as
determined and approved by the Administrator.
(3) The term ``State'' means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, and the Trust
Territory of the Pacific Islands.
(4) The term ``municipality'' means a city, town, borough, county,
parish, district, association, or other public body created by or
pursuant to State law and having jurisdiction over disposal of sewage,
industrial wastes, or other wastes, or an Indian tribe or an authorized
Indian tribal organization, or a designated and approved management
agency under section 1288 of this title.
(5) The term ``person'' means an individual, corporation,
partnership, association, State, municipality, commission, or political
subdivision of a State, or any interstate body.
(6) The term ``pollutant'' means dredged spoil, solid waste,
incinerator residue, sewage, garbage, sewage sludge, munitions, chemical
wastes, biological materials, radioactive materials, heat, wrecked or
discarded equipment, rock, sand, cellar dirt and industrial, municipal,
and agricultural waste discharged into water. This term does not mean
(A) ``sewage from vessels or a discharge incidental to the normal
operation of a vessel of the Armed Forces'' within the meaning of
section 1322 of this title; or (B) water, gas, or other material which
is injected into a well to facilitate production of oil or gas, or water
derived in association with oil or gas production and disposed of in a
well, if the well used either to facilitate production or for disposal
purposes is approved by authority of the State in which the well is
located, and if such State determines that such injection or disposal
will not result in the degradation of ground or surface water resources.
(7) The term ``navigable waters'' means the waters of the United
States, including the territorial seas.
(8) The term ``territorial seas'' means the belt of the seas
measured from the line of ordinary low water along that portion of the
coast which is in direct contact with the open sea and the line marking
the seaward limit of inland waters, and extending seaward a distance of
three miles.
(9) The term ``contiguous zone'' means the entire zone established
or to be established by the United States under article 24 of the
Convention of the Territorial Sea and the Contiguous Zone.
(10) The term ``ocean'' means any portion of the high seas beyond
the contiguous zone.
(11) The term ``effluent limitation'' means any restriction
established by a State or the Administrator on quantities, rates, and
concentrations of chemical, physical, biological, and other constituents
which are discharged from point sources into navigable waters, the
waters of the contiguous zone, or the ocean, including schedules of
compliance.
(12) The term ``discharge of a pollutant'' and the term ``discharge
of pollutants'' each means (A) any addition of any pollutant to
navigable waters from any point source, (B) any addition of any
pollutant to the waters of the contiguous zone or the ocean from any
point source other than a vessel or other floating craft.
(13) The term ``toxic pollutant'' means those pollutants, or
combinations of pollutants, including disease-causing agents, which
after discharge and upon exposure, ingestion, inhalation or assimilation
into any organism, either directly from the environment or indirectly by
ingestion through food chains, will, on the basis of information
available to the Administrator, cause death, disease, behavioral
abnormalities, cancer, genetic mutations, physiological malfunctions
(including malfunctions in reproduction) or physical deformations, in
such organisms or their offspring.
(14) The term ``point source'' means any discernible, confined and
discrete conveyance, including but not limited to any pipe, ditch,
channel, tunnel, conduit, well, discrete fissure, container, rolling
stock, concentrated animal feeding operation, or vessel or other
floating craft, from which pollutants are or may be discharged. This
term does not include agricultural stormwater discharges and return
flows from irrigated agriculture.
(15) The term ``biological monitoring'' shall mean the determination
of the effects on aquatic life, including accumulation of pollutants in
tissue, in receiving waters due to the discharge of pollutants (A) by
techniques and procedures, including sampling of organisms
representative of appropriate levels of the food chain appropriate to
the volume and the physical, chemical, and biological characteristics of
the effluent, and (B) at appropriate frequencies and locations.
(16) The term ``discharge'' when used without qualification includes
a discharge of a pollutant, and a discharge of pollutants.
(17) The term ``schedule of compliance'' means a schedule of
remedial measures including an enforceable sequence of actions or
operations leading to compliance with an effluent limitation, other
limitation, prohibition, or standard.
(18) The term ``industrial user'' means those industries identified
in the Standard Industrial Classification Manual, Bureau of the Budget,
1967, as amended and supplemented, under the category of ``Division D--
Manufacturing'' and such other classes of significant waste producers
as, by regulation, the Administrator deems appropriate.
(19) The term ``pollution'' means the man-made or man-induced
alteration of the chemical, physical, biological, and radiological
integrity of water.
(20) The term ``medical waste'' means isolation wastes; infectious
agents; human blood and blood products; pathological wastes; sharps;
body parts; contaminated bedding; surgical wastes and potentially
contaminated laboratory wastes; dialysis wastes; and such additional
medical items as the Administrator shall prescribe by regulation.
(21) Coastal recreation waters.--
(A) In general.--The term ``coastal recreation waters'' means--
(i) the Great Lakes; and
(ii) marine coastal waters (including coastal estuaries)
that are designated under section 1313 of this title by a
State for use for swimming, bathing, surfing, or similar water
contact activities.

(B) Exclusions.--The term ``coastal recreation waters'' does not
include--
(i) inland waters; or
(ii) waters upstream of the mouth of a river or stream
having an unimpaired natural connection with the open sea.

(22) Floatable material.--
(A) In general.--The term ``floatable material'' means any
foreign matter that may float or remain suspended in the water
column.
(B) Inclusions.--The term ``floatable material'' includes--
(i) plastic;
(ii) aluminum cans;
(iii) wood products;
(iv) bottles; and
(v) paper products.

(23) Pathogen indicator.--The term ``pathogen indicator'' means a
substance that indicates the potential for human infectious disease.
(24) Oil and gas exploration and production.--The term ``oil and gas
exploration, production, processing, or treatment operations or
transmission facilities'' means all field activities or operations
associated with exploration, production, processing, or treatment
operations, or transmission facilities, including activities necessary
to prepare a site for drilling and for the movement and placement of
drilling equipment, whether or not such field activities or operations
may be considered to be construction activities.

(June 30, 1948, ch. 758, title V, Sec. 502, as added Pub. L. 92-500,
Sec. 2, Oct. 18, 1972, 86 Stat. 886; amended Pub. L. 95-217, Sec. 33(b),
Dec. 27, 1977, 91 Stat. 1577; Pub. L. 100-4, title V, Secs. 502(a), 503,
Feb. 4, 1987, 101 Stat. 75; Pub. L. 100-688, title III, Sec. 3202(a),
Nov. 18, 1988, 102 Stat. 4154; Pub. L. 104-106, div. A, title III,
Sec. 325(3), Feb. 10, 1996, 110 Stat. 259; Pub. L. 106-284, Sec. 5,
Oct. 10, 2000, 114 Stat. 875; Pub. L. 109-58, title III, Sec. 323, Aug.
8, 2005, 119 Stat. 694.)


Amendments

2005--Par. (24). Pub. L. 109-58 added par. (24).
2000--Pars. (21) to (23). Pub. L. 106-284 added pars. (21) to (23).
1996--Par. (6)(A). Pub. L. 104-106 substituted `` `sewage from
vessels or a discharge incidental to the normal operation of a vessel of
the Armed Forces' '' for `` `sewage from vessels' ''.
1988--Par. (20). Pub. L. 100-688 added par. (20).
1987--Par. (3). Pub. L. 100-4, Sec. 502(a), inserted ``the
Commonwealth of the Northern Mariana Islands,'' after ``Samoa,''.
Par. (14). Pub. L. 100-4, Sec. 503, inserted ``agricultural
stormwater discharges and'' after ``does not include''.
1977--Par. (14). Pub. L. 95-217 inserted provision that ``point
source'' does not include return flows from irrigated agriculture.

Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note
set out preceding section 1681 of Title 48, Territories and Insular
Possessions.

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.


Definition of ``Point Source''

Section 507 of Pub. L. 100-4 provided that: ``For purposes of the
Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.], the term
`point source' includes a landfill leachate collection system.''


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