[Code of Federal Regulations]
[Title 32, Volume 4]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR650.69]

[Page 315-316]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED)
 
PART 650--ENVIRONMENTAL PROTECTION AND ENHANCEMENT (AR 200-1)--Table of Contents
 
                  Subpart C--Water Resources Management
 
Sec. 650.69  State permits.

    (a) Cooperating with and providing information to State and regional 
authorities does not include making application for State permits of any 
kind nor obtaining a water quality certification from the State for any 
activity involving the discharge of a pollutant into navigable waters. 
Where information or data is to be provided a State authority on a 
prescribed registration form and authenticated, Army installation 
commanders will comply with all reasonable requests and forward same 
with a disclaimer that:

    While Federal law does not require military installations to apply 
for State permits or obtain State water quality certifications, this 
installation is desirous of complying with the objectives of State and 
Federal pollution control programs. However, completion of this form is 
not to be construed as an application for permit. To the best of my 
knowledge, the information presented herein is correct.


[[Page 316]]



Under unusual circumstances, when the installation commander considers 
it prudent to respond contrary to the above guidance, request for waiver 
will be submitted through appropriate command channels to HQDA (DAEN-
ZCE) WASH DC 20310.
    (b) In all cases, waiver request will include a legal opinion by the 
staff judge advocate of the installation concerned or of the next higher 
command having a staff judge advocate to insure legal sufficiency. 
Special attention should be given to questions involving registration of 
sources and compliance schedules to insure that the legal implications 
of such instruments are understood.