[Code of Federal Regulations]
[Title 40, Volume 19]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR125.11]

[Page 303]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 125--CRITERIA AND STANDARDS FOR THE NATIONAL POLLUTANT DISCHARGE 
ELIMINATION SYSTEM--Table of Contents
 
   Subpart B--Criteria for Issuance of Permits to Aquaculture Projects
 
Sec. 125.11  Criteria.

    (a) No NPDES permit shall be issued to an aquaculture project 
unless:
    (1) The Director determines that the aquaculture project:
    (i) Is intended by the project operator to produce a crop which has 
significant direct or indirect commercial value (or is intended to be 
operated for research into possible production of such a crop); and
    (ii) Does not occupy a designated project area which is larger than 
can be economically operated for the crop under cultivation or than is 
necessary for research purposes.
    (2) The applicant has demonstrated, to the satisfaction of the 
Director, that the use of the pollutant to be discharged to the 
aquaculture project will result in an increased harvest of organisms 
under culture over what would naturally occur in the area;
    (3) The applicant has demonstrated, to the satisfaction of the 
Director, that if the species to be cultivated in the aquaculture 
project is not indigenous to the immediate geographical area, there will 
be minimal adverse effects on the flora and fauna indigenous to the 
area, and the total commercial value of the introduced species is at 
least equal to that of the displaced or affected indigenous flora and 
fauna;
    (4) The Director determines that the crop will not have a 
significant potential for human health hazards resulting from its 
consumption;
    (5) The Director determines that migration of pollutants from the 
designated project area to water outside of the aquaculture project will 
not cause or contribute to a violation of water quality standards or a 
violation of the applicable standards and limitations applicable to the 
supplier of the pollutant that would govern if the aquaculture project 
were itself a point source. The approval of an aquaculture project shall 
not result in the enlargement of a pre-existing mixing zone area beyond 
what had been designated by the State for the original discharge.
    (b) No permit shall be issued for any aquaculture project in 
conflict with a plan or an amendment to a plan approved under section 
208(b) of the Act.
    (c) No permit shall be issued for any aquaculture project located in 
the territorial sea, the waters of the contiguous zone, or the oceans, 
except in conformity with guidelines issued under section 403(c) of the 
Act.
    (d) Designated project areas shall not include a portion of a body 
of water large enough to expose a substantial portion of the indigenous 
biota to the conditions within the designated project area. For example, 
the designated project area shall not include the entire width of a 
watercourse, since all organisms indigenous to that watercourse might be 
subjected to discharges of pollutants that would, except for the 
provisions of section 318 of the Act, violate section 301 of the Act.
    (e) Any modifications caused by the construction or creation of a 
reef, barrier or containment structure shall not unduly alter the tidal 
regimen of an estuary or interfere with migrations of unconfined aquatic 
species.

[Comment: Any modifications described in this paragraph which result in 
the discharge of dredged or fill material into navigable waters may be 
subject to the permit requirements of section 404 of the Act.]

    (f) Any pollutants not required by or beneficial to the aquaculture 
crop shall not exceed applicable standards and limitations when entering 
the designated project area.

Subpart C [Reserved]

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