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Each Federal agency having jurisdiction over any facility or engaged in activity resulting, or which may result, in the discharge or runoff of pollutants is subject to, and must comply with, all Federal, State, interstate, and local requirements and administrative authorities for the control and abatement of water pollution, including reasonable service charges. If the President determines it to be in the paramount interest of the United States, he may exempt any effluent source of any department, agency, or instrumentality in the Executive Branch.
The President may issue an exemption from compliance with any requirements of CWA for a 1-year period, except for the following:.
Exemptions are renewable annually. The President must report to Congress every January on all exemptions granted during the preceding calendar year and provide the reason for granting the exemptions.
Point source discharges of pollutants to waters of the United States are prohibited unless they are in compliance with certain provisions of the CWA.
Dischargers generally must submit Discharge Monitoring Reports that record flow measurement, sample collection data, and laboratory test results on a quarterly or monthly basis.
The provisions of NPDES permits for municipal separate storm sewer systems sometimes vary from other NPDES permits with respect to water quality-based effluent limits, monitoring, and reporting requirements. Noncompliance reports generally must be submitted quarterly or monthly stating the cause of a noncompliance, period of noncompliance, and plans to eliminate recurrence of the incident. Point source stormwater discharges from large, medium and certain small municipal separate storm sewer systems MS4s , and stormwater discharges associated with certain industrial activities, construction site stormwater discharges, and other stormwater discharges designated by EPA or an authorized State also require a NPDES permit.
MS4s commonly transport and discharge untreated polluted stormwater run-off into local rivers and streams. MS4 permits require operators to develop and implement a stormwater management program to reduce the discharge of pollutants in discharges from the MS4 to the maximum extent practicable, and to meet other permit requirements as determined appropriate by the permitting authority.
Facilities that discharge dredged or fill materials into waters of the United States must apply for a permit issued by the Army Corps of Engineers. In certain circumstances, EPA also may prohibit, restrict or deny the issuance of a Section permit to discharge dredged or fill material into a water of the United States whenever the Administrator determines the discharge will have an unacceptable adverse effect on resources identified in the Act.
However, the Army Corps of Engineers retains authority over certain waters and their adjacent wetlands within the State. All treatment works that treat domestic sewage are required to meet Federal requirements for the use and disposal of sewage sludge through land application, surface disposal, or incineration. The prohibition shall continue until the Administrator certifies that the person corrected the condition set in motion by such conviction.
The rule applies to owners or operators of certain facilities that drill, produce, gather, store, process, refine, transfer, distribute, use, or consume oil or oil products. The regulation requires that all regulated facilities including Federal facilities as specified in 40 CFR These guidelines include measures such as secondary containment, facility drainage, dikes or barriers, sump and collection systems, retention ponds, curbing, TCPS tank corrosion protection systems , and liquid devices.
Unlike oil spill contingency plans that typically address spill cleanup measures after a spill has occurred, SPCC Plans ensure that facilities put in place containment and other countermeasures that would prevent oil spills that could reach navigable waters. Under the regulation, facilities must detail and implement spill prevention and control measures in their SPCC Plans. A spill contingency plan is required as part of the SPCC Plan if a facility is unable to provide secondary containment.
The regulation applies to non-transportation-related facilities with a total aggregate above ground i. In addition to the storage capacity criteria, a reasonable expectation must exist that the facility, due to its location, could discharge oil into navigable waters of the United States or adjoining shorelines, or certain other areas. Non-transportation related facilities include all fixed facilities, including support equipment, but excludes certain pipelines, railroad tank cars en route, transport trucks en route, and equipment associated with the transfer of bulk oil to or from water transportation vessels.
The term also includes mobile or portable facilities, such as drilling or workover rigs, production facilities, and portable fueling facilities. However, the regulation states that the position or location of onshore mobile or portable oil storage tanks onshore should be such as to prevent spilled oil from reaching navigable waters. In addition, in accordance with the regulation, facilities should furnish a secondary means of containment, such as dikes or catchment basins for the largest single compartment or tank.
Moreover, mobile or portable facilities should not be located where they will be subject to periodic flooding or washout. If a facility discharges oil to navigable waters or adjoining shorelines, the facility is required to follow certain federal reporting requirements. Any person in charge of an onshore or offshore facility must notify the National Response Center NRC immediately after he or she has knowledge of the discharge.
Facilities must report oil discharges that reach navigable waters to the NRC at or Coast Guard personnel. A common misunderstanding is that by reporting to the NRC a facility has met state and local reporting requirements. Additional state and local reporting requirements may apply. In most cases it makes sense to call in the event of an oil spill, particularly in the case of flammable or combustible oil spills.
As a result, the Supreme Court in Department of Energy v. Contact Us. The CWA aims to prevent, reduce, and eliminate pollution in the nation's water in order to "restore and maintain the chemical, physical, and biological integrity of the Nation's waters", as described in CWA section a. Based on the Federal Water Pollution Control Act of , the CWA underwent significant reorganization and expansion in , with subsequent major amendments in and The CWA can be found at 33 U.
The CWA regulations are in 40 C. Parts , , , , , and One of its principal objectives is to prohibit the discharge of pollutants into waters of the U. The CWA establishes several major integrated regulatory programs, standards, and plans, which include the following:. This subsection shall apply notwithstanding any immunity of such agencies, officers, agents, or employees under any law or rule of law. Some CWA requirements which may affect Federal facilities including Federal facility contractors include, but may not be limited to:.
Section d and EPA water quality planning and management regulations require States to identify waters that do not meet or expected to meet applicable water quality standards even after technology-based or other required controls are in place. States are required to establish a priority ranking for such waters, taking into account the severity of the pollution and the uses to be made of such waters.
Facilities must sample the effluent, submit reports on the results of such sampling at a frequency specified in the permit and submit monitoring reports to EPA, States, or POTWs with approved pretreatment programs.
EPA, State agencies, or their authorized representatives e. EPA or State inspectors may have access to any records, inspect any monitoring equipment, and sample any effluent to check compliance with NPDES permit requirements, water quality standards, pretreatment standards, effluent limitations, or toxic standards. The discharge of oil or hazardous substances into or upon the navigable waters of the United States, or adjoining shorelines, or in connection with activities under the Outer Continental Shelf Lands Act or the Deepwater Port Act of , or which may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States is prohibited.
Section regulates the discharge of vessel sewage to prevent the discharge of untreated or inadequately treated sewage from vessels into or upon waters of the United States. Section d applies these provisions to vessels owned and operated by the United States unless the Secretary of Defense finds that compliance would not be in the interest of national security. With respect to vessels owned and operated by the Department of Defense, the Secretary of Defense issued implementing regulations DoD The National Defense Authorization Act of amended section by directing EPA and the Department of Defense to jointly establish Uniform National Discharge Standards for discharges other than sewage incidental to the normal operation of a vessel of the Armed Forces.
Each Federal agency having jurisdiction over any facility or engaged in activity resulting, or which may result, in the discharge or runoff of pollutants is subject to, and must comply with, all Federal, State, interstate, and local requirements and administrative authorities for the control and abatement of water pollution, including reasonable service charges. If the President determines it to be in the paramount interest of the United States, he may exempt any effluent source of any department, agency, or instrumentality in the Executive Branch.
The President may issue an exemption from compliance with any requirements of CWA for a 1-year period, except for the following:. Exemptions are renewable annually. The President must report to Congress every January on all exemptions granted during the preceding calendar year and provide the reason for granting the exemptions. Point source discharges of pollutants to waters of the United States are prohibited unless they are in compliance with certain provisions of the CWA.
Dischargers generally must submit Discharge Monitoring Reports that record flow measurement, sample collection data, and laboratory test results on a quarterly or monthly basis. The provisions of NPDES permits for municipal separate storm sewer systems sometimes vary from other NPDES permits with respect to water quality-based effluent limits, monitoring, and reporting requirements.
Noncompliance reports generally must be submitted quarterly or monthly stating the cause of a noncompliance, period of noncompliance, and plans to eliminate recurrence of the incident. Point source stormwater discharges from large, medium and certain small municipal separate storm sewer systems MS4s , and stormwater discharges associated with certain industrial activities, construction site stormwater discharges, and other stormwater discharges designated by EPA or an authorized State also require a NPDES permit.
MS4s commonly transport and discharge untreated polluted stormwater run-off into local rivers and streams. MS4 permits require operators to develop and implement a stormwater management program to reduce the discharge of pollutants in discharges from the MS4 to the maximum extent practicable, and to meet other permit requirements as determined appropriate by the permitting authority.
Facilities that discharge dredged or fill materials into waters of the United States must apply for a permit issued by the Army Corps of Engineers. In certain circumstances, EPA also may prohibit, restrict or deny the issuance of a Section permit to discharge dredged or fill material into a water of the United States whenever the Administrator determines the discharge will have an unacceptable adverse effect on resources identified in the Act.
However, the Army Corps of Engineers retains authority over certain waters and their adjacent wetlands within the State. All treatment works that treat domestic sewage are required to meet Federal requirements for the use and disposal of sewage sludge through land application, surface disposal, or incineration. The prohibition shall continue until the Administrator certifies that the person corrected the condition set in motion by such conviction.
The rule applies to owners or operators of certain facilities that drill, produce, gather, store, process, refine, transfer, distribute, use, or consume oil or oil products.
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