773 



design, construction, and capacity of cooling water 

 intake structures reflect the best technology avail- 

 able for minimizing adverse environmental impact. 



(c) Period of protection from more stringent effluent 

 limitations following discharge point source modi- 

 fication commenced after October 18, 1972. 

 Notwithstanding any other provision of this chap- 

 ter, any point source of a discharge having a thermal 

 component, the modification of which point source 

 is commenced after October 18, 1972, and which, as 

 modified, meets efRuent limitations established under 

 section 1311 of this title or, if more stringent, effluent 

 limitations established under section 1313 of this 

 title and which effluent limitations will assure pro- 

 tection and propagation of a balanced, indigenous 

 population of shellfish, fish, and wildlife in or on 

 the water into which the discharge is made, shall 

 not be subject to any more stringent effluent limita- 

 tion with respect to the thermal component of its 

 discharge during a ten year period beginning on the 

 date of completion of such modification or during 

 the period of depreciation or amortization of such 

 facility for the purpose of section 167 or 169 (or 

 both) of Title 26, whichever period ends first. 

 (June 30, 1948, ch. 758, title III, § 316, as added 

 Oct. 18, 1972, Pub. L. 92-500, § 2, 86 Stat. 876.) 



§ 1327. Investigation and study of feasibility of alter- 

 nate methods of financing the cost of preventing, 

 controlling, and abating pollution. 



(a) Thp Administrator shall continue to investi- 

 gate and study the feasibility of alternate methods 

 of financing the cost of preventing, controlling and 

 abating pollution as directed in the Water Quality 

 Improvement Act of 1970, including, but not limited 

 to, the feasibility of establishing a pollution abate- 

 ment trust fund. The results of such investigation 

 and study shall be reported to the Congress not later 

 than two years after enactment of this title, together 

 with recommendations of the Administrator for fi- 

 nancing the programs for preventing, controlling and 

 abating pollution for the fiscal years beginning after 

 fiscal year 1976, including any necessary legislation. 



(b) There is authorized to be appropriated for use 

 in carrying out this section, not to exceed $1,000,000. 

 (June 30, 1948, ch. 758, title III, § 317, as added 

 Oct. 18, 1972, Pub. L. 92-500, § 2, 86 Stat. 877.) 



§1328. Aquaculture. 



(a) The Administrator is authorized, after public 

 hearings, to permit the discharge of a specific pol- 

 lutant or pollutants under controlled conditions as- 

 sociated with an approved aquaculture project under 

 Federal or State supervision. 



(b) The Administrator shall by regulation, not 

 later than January 1, 1974, establish any procedures 

 and guidelines he deems necessary to carry out this 

 section. (June 30, 1948, ch. 758, title III, § 318, as 

 added Oct. 18, 1972, Pub. L. 92-500, § 2, 86 Stat. 877.) 



SUBCHAPTER IV.— PERMITS AND LICENSES 



§1341. Certification. 



(a) Compliance with applicable requirements; appli- 

 cation; procedures; license suspension. 

 (1) Any applicant for a Federal license or permit 



to conduct any activity including, but not limited to, 

 the construction or operation of facilities, which 

 may result in any discharge into the navigable 

 waters, shall provide the licensing or permitting 

 agency a certification from the State in which the 

 discharge originates or will originate, or, if appro- 

 priate, from the interstate water pollution control 

 agency having jurisdiction over the navigable waters 

 at the point where the discharge originates or will 

 originate, that any such discharge will comply with 

 the applicable provisions of sections 1311, 1312, 1316, 

 and 1317 of this title. In the case of any such activity 

 for which there is not an applicable effluent limita- 

 tion or other limitation under sections 1311(b) and 

 1312 of this title, and there is not an applicable 

 standard under sections 1316 and 1317 of this title, 

 the State shall so certify, except that any such cer- 

 tification shall not be deemed to satisfy section 1371 

 (c) of this title. Such State or interstate agency 

 shall establish procedures for public notice in the 

 case of all applications for certification by it and, 

 to the extent it deems appropriate, procedures for 

 public hearings in connection with specific applica- 

 tions. In any case where a State or interstate agency 

 has no authority to give such a certification, such 

 certification shall be from the Administrator. If 

 the State, interstate agency, or Administrator, as the 

 case may be, fails or refuses to act on a request for 

 certification, within a reasonable period of time 

 (which shall not exceed one year) after receipt of 

 such request, the certification requirements of this 

 subsection shall be waived with respect to such Fed- 

 eral application. No license or permit shall be granted 

 until the certification required by this section has 

 been obtained or has been waived as provided in the 

 preceding sentence. No license or permit shall be 

 granted if certification has been denied by the State, 

 interstate agency, or the Administrator, as the case 

 may be. 



(2 ) Upon receipt of such application and certifica- 

 tion the licensing or permitting agency shall im- 

 mediately notify the Administrator of such applica- 

 tion and certification. Whenever such a discharge 

 may affect, as determined by the Administrator, the 

 quality of the waters of any other State, the Admin- 

 istrator within thirty days of the date of notice of 

 application for such Federal license or permit shall 

 so notify such other State, the licensing or per- 

 mitting agency, and the applicant. If, within sixty 

 days after receipt of such notification, such other 

 State determines that such discharge will affect the 

 quality of its waters so as to violate any water qual- 

 ity requirements in such State, and within such 

 sixty -day period notifies the Administrator and the 

 licensing or permitting agency in writing of its objec- 

 tion to the issuance of such license or permit and 

 requests a public hearing on such objection, the 

 licensing or permitting agency shall hold such a 

 hearing. The Administrator shall at such hearing 

 submit his evaluation and recommendations with 

 respect to any such objection to the licensing or per- 

 mitting agency. Such agency, based upon the recom- 

 mendations of such State, the Administrator, and 

 upon any additional evidence, if any, presented to 

 the agency at the hearing, shall condition such li- 

 cense or permit in such manner as may be necessary 



