[Code of Federal Regulations]

[Title 40, Volume 21]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR122.27]



[Page 194-195]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 122_EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT 

DISCHARGE ELIMINATION SYSTEM--Table of Contents

 

   Subpart B_Permit Application and Special NPDES Program Requirements

 

Sec.  122.27  Silvicultural activities (applicable to State NPDES 

programs, see Sec.  123.25).



    (a) Permit requirement. Silvicultural point sources, as defined in 

this section, as point sources subject to the NPDES permit program.

    (b) Definitions. (1) Silvicultural point source means any 

discernible, confined and discrete conveyance related to rock crushing, 

gravel washing, log sorting, or log storage facilities which are 

operated in connection with silvicultural activities and from which 

pollutants are discharged into waters of the United States. The term 

does not include non-point source silvicultural activities such as 

nursery operations, site preparation, reforestation and subsequent 

cultural treatment, thinning, prescribed burning, pest and fire control, 

harvesting operations, surface drainage, or road construction and 

maintenance from which there is natural runoff. However, some of these 

activities (such as stream crossing for roads) may involve point source 

discharges of dredged or fill material which may require a CWA section 

404 permit (See 33 CFR 209.120 and part 233).

    (2) Rock crushing and gravel washing facilities means facilities 

which process crushed and broken stone, gravel, and riprap (See 40 CFR 

part 436, subpart B, including the effluent limitations guidelines).



[[Page 195]]



    (3) Log sorting and log storage facilities means facilities whose 

discharges result from the holding of unprocessed wood, for example, 

logs or roundwood with bark or after removal of bark held in self-

contained bodies of water (mill ponds or log ponds) or stored on land 

where water is applied intentionally on the logs (wet decking). (See 40 

CFR part 429, subpart I, including the effluent limitations guidelines).