MIL-HDBK-1003/7
18.5.2.8 Local Permits. A separate state or local construction and operating permit
state where the power plant will be built.
Wastewater Discharge Permit. Any point source discharge of a pollutant to the
18.5.3
navigable waters not authorized by a National Pollution Discharge Elimination System
(NPDES) permit is unlawful. Permits will be issued by EPA only if the applicable
effluent limitations are met.
18.5.3.1 State Permit Program. EPA may authorize a state to carry out the provisions
of the permit program if the state can show it has enacted legislation and regulations
to conform to the guidelines promulgated by EPA. About thirty of the states have been
approved for this delegation. In these not approved, both the NPDES permit and a
separate state wastewater discharge permit will be required.
18.5.3.2 Federal License or Permit. Applicants for a Federal license or permit to
conduct any activity which may result in any discharge into the navigable waters are
required to provide the permitting agency a certification, from the state in which the
discharge originates, that any such discharge will comply with applicable provisions of
the Clean Water Act (CWA). In any case where a state or interstate agency has no
authority to give such a certification, the certification should be from the EPA
Administrator. No license or permit may be granted until the certification has been
obtained or waived by the appropriate agency.
EPA, when issuing a permit, is authorized to prescribe conditions on
the permit to assure compliance with applicable effluent limitations including
conditions on data and information collection, reporting, and other such requirements as
it deems necessary.
EPA is directed to promulgate guidelines for determining the
degradation of the waters of the territorial seas, the contiguous zone, and the oceans.
No NPDES permit will be issued except in compliance with these guidelines for discharges
into water of these seas, contiguous zones, or oceans.
18.5.3.3 New Source. Any person who proposes to discharge pollutants and does not have
an effective permit must complete an NPDES application.
EPA has specified that the following construction activities result in
a new source.
a)
Construction of a source on a site at which no other source is
located, or
b) Construction on a site at which another source is located of a
building, structure, facility, or installation from which there is or may be a discharge
of pollutants, the process or production equipment that causes the discharge of
pollutants from the existing source is totally replaced by this construction, or the
construction results in a change in the nature or quantity of pollutants discharged.
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