775 



§ 1342. National pollutant discharge elimination sys- 

 tem. 



(a) Permits for discharge of pollutants. 



(1) Except as provided in sections 1328 and 1344 of 

 this title, the Administrator may, after opportunity 

 for public hearing issue a permit for the discharge of 

 any pollutant, or combination of pollutants, not- 

 withstanding section 1311(a) of this title, upon 

 condition that such discharge will meet either all 

 applicable requirements under sections 1311, 1312, 

 1316, 1317, 1318, and 1343 of this title, or prior to the 

 taking of necessary implementing actions relating 

 to all such requirements, such conditions as the 

 Administrator determines are necessary to carry 

 out the provisions of this chapter, 



(2) The Administrator shall prescribe conditions 

 for such permits to assure compliance with the re- 

 quirements of paragraph (1) of this subsection, in- 

 cluding conditions on data and information collec- 

 tion, reporting, and such other requirements as he 

 deems appropriate. 



■ (3) The permit program of the Administrator un- 

 der paragraph ' 1 ) of this subsection, and permits 

 issued thereunder, shall be subject to the same terms, 

 conditions, and requirements as apply to a State 

 permit program and permits issued thereunder un- 

 der subsection (b) of this section. 



(4) All permits for discharges into the navigable 

 waters issued pursuant to section 407 of this title 

 shall be deemed to be permits issued imder this sub- 

 chapter, and permits issued imder this subchapter 

 shall be deemed to be permits issued luider section 

 407 of this title, and shall continue in force and 

 effect for their term unless revoked, modified, or 

 suspended in accordance with the provisions of this 

 chapter. 



(5) No permit for a discharge into the navigable 

 waters shall be issued under section 407 of this title 

 after October 18, 1972. Each application for a permit 

 under section 407 of this title, pending on October 

 18, 1972, shall be deemed to be an application for 

 a permit imder this section. The Administrator 

 shall authorize a State, which he determines has 

 the capability of administering a permit program 

 which will carry out the objectives of this chapter 

 to issue permits for discharges into the navigable 

 waters within the jurisdiction of such State. The 

 Administrator may exercise the authority granted 

 him by the preceding sentence only during the period 

 which begins on October 18, 1972, and ends either 

 on the ninetieth day after the date of the first pro- 

 mulgation of guidelines required by section 1314(h) 

 (2) of this title, or the date of approval by the Ad- 

 ministrator of a permit program for such State under 

 subsection (b) of this section, whichever date first 

 occurs, and no such authorization to a State shall 

 extend beyond the last day of such period. Each 

 such permit shall be subject to such conditions as 

 the Administrator determines are necessary to carry 

 out of the provisions of this chapter. No such permit 

 shall issue if the Administrator objects to such 

 issuance. 



(b) State permit programs. 



At any time after the promulgation of the guide- 

 lines required by subsection (h) (2) of section 1314 



of this title, the Governor of each State desiring to 

 administer its own permit program for discharges 

 into navigable waters within its jiuisdiction may 

 submit to the Administration a full and complete 

 description of the program it proposes to establish 

 and administer under State law or under an inter- 

 state compact. In addition, such State shall submit 

 a statement from the attorney general (or the at- 

 torney for those State water pollution control agen- 

 cies which have independent legal counsel), or from 

 the chief legal oCacer in the case of an interstate 

 agency, that the laws of such State, or the interstate 

 compact, as the case may be, provide adequate au- 

 thority to carry out the described program. The 

 Administrator shall approve each submitted pro- 

 gram unless he determines that adequate authority 

 does not exist: 



( 1 ) To issue permits which — 



(A) apply, and Insure compliance with, any 

 applicable requirements of sections 1311. 1312, 

 1316, 1317, and 1343 of this title; 



(B) are for fixed terms not exceeding five years; 

 and 



(C) can be terminated or modified for cause in- 

 cluding, but not limited to, the following: 



(i) violation of any condition of the permit; 



(ii) obtaining a permit by misrepresentation, 

 or failure to disclose all relevant facts; 



(iii) change in any condition that requires 

 either a temporary or permanent reduction or 

 elimination of the permitted discharge; 



(D) control the disposal of ixsUutants into wells; 



(2) (A) To issue permits which apply, and insure 

 compliance with, all applicable requirements of sec- 

 tion 1318 of this title; or 



(B) To inspect, monitor, enter, and require re- 

 ports to at least the same extent as required in 

 section 1318 of this title; 



(3) To insure 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 

 opportimity for public hearing before a ruling ori 

 each such application; 



(4) To insure that the Administrator receives no- 

 tice of each application (including a copy thereof) 

 for a permit; 



(5) To insure that any State (other than the per- 

 mitting State) , whose waters may be affected by the 

 issuance of a permit may submit written recom- 

 mendations to the permitting State (and the Ad- 

 ministrator) 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 

 acceirt such recommendations together with its 

 reasons for so doing; 



(6) To insiu-e that no permit will be issued if, in 

 the judgment of the Secretary of the Army acting 

 through the Chief of Engineers, 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; 



