[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: 40CFR233.23]

[Page 292]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 233--404 STATE PROGRAM REGULATIONS--Table of Contents
 
                     Subpart C--Permit Requirements
 
Sec. 233.23  Permit conditions.

    (a) For each permit the Director shall establish conditions which 
assure compliance with all applicable statutory and regulatory 
requirements, including the 404(b)(1) Guidelines, applicable section 303 
water quality standards, and applicable section 307 effluent standards 
and prohibitions.
    (b) Section 404 permits shall be effective for a fixed term not to 
exceed 5 years.
    (c) Each 404 permit shall include conditions meeting or implementing 
the following requirements:
    (1) A specific identification and complete description of the 
authorized activity including name and address of permittee, location 
and purpose of discharge, type and quantity of material to be 
discharged. (This subsection is not applicable to general permits).
    (2) Only the activities specifically described in the permit are 
authorized.
    (3) The permittee shall comply with all conditions of the permit 
even if that requires halting or reducing the permitted activity to 
maintain compliance. Any permit violation constitutes a violation of the 
Act as well as of State statute and/or regulation.
    (4) The permittee shall take all reasonable steps to minimize or 
prevent any discharge in violation of this permit.
    (5) The permittee shall inform the Director of any expected or known 
actual noncompliance.
    (6) The permittee shall provide such information to the Director, as 
the Director requests, to determine compliance status, or whether cause 
exists for permit modification, revocation or termination.
    (7) Monitoring, reporting and recordkeeping requirements as needed 
to safeguard the aquatic environment. (Such requirements will be 
determined on a case-by-case basis, but at a minimum shall include 
monitoring and reporting of any expected leachates, reporting of 
noncompliance, planned changes or transfer of the permit.)
    (8) Inspection and entry. The permittee shall allow the Director, or 
his authorized representative, upon presentation of proper 
identification, at reasonable times to:
    (i) Enter upon the permittee's premises where a regulated activity 
is located or where records must be kept under the conditions of the 
permit,
    (ii) Have access to and copy any records that must be kept under the 
conditions of the permit,
    (iii) Inspect operations regulated or required under the permit, and
    (iv) Sample or monitor, for the purposes of assuring permit 
compliance or as otherwise authorized by the Act, any substances or 
parameters at any location.
    (9) Conditions assuring that the discharge will be conducted in a 
manner which minimizes adverse impacts upon the physical, chemical and 
biological integrity of the waters of the United States, such as 
requirements for restoration or mitigation.