[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR233.14]

[Page 288-289]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 233--404 STATE PROGRAM REGULATIONS--Table of Contents
 
                       Subpart B--Program Approval
 
Sec. 233.14  Memorandum of Agreement with the Secretary.

    (a) Before a State program is approved under this part, the Director 
shall enter into a Memorandum of Agreement with the Secretary. When more 
than one agency within a State has responsibility for administering the 
State program, Directors of each of

[[Page 289]]

the responsible agencies shall be parties of the Memorandum of 
Agreement.
    (b) The Memorandum of Agreement shall include:
    (1) A description of waters of the United States within the State 
over which the Secretary retains jurisdiction, as identified by the 
Secretary.
    (2) Procedures whereby the Secretary will, upon program approval, 
transfer to the State pending 404 permit applications for discharges in 
State regulated waters and other relevant information not already in the 
possession of the Director.

    Note: Where a State permit program includes coverage of those 
traditionally navigable waters in which only the Secretary may issue 
section 404 permits, the State is encouraged to establish in this MOA 
procedures for joint processing of Federal and State permits, including 
joint public notices and public hearings.

    (3) An identification of all general permits issued by the Secretary 
the terms and conditions of which the State intends to administer and 
enforce upon receiving approval of its program, and a plan for 
transferring responsibility for these general permits to the State, 
including procedures for the prompt transmission from the Secretary to 
the Director of relevant information not already in the possession of 
the Director, including support files for permit issuance, compliance 
reports and records of enforcement actions.