[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: 40CFR122.3]



[Page 139]

 

                   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 A_Definitions and General Program Requirements

 

Sec.  122.3  Exclusions.



    The following discharges do not require NPDES permits:

    (a) Any discharge of sewage from vessels, effluent from properly 

functioning marine engines, laundry, shower, and galley sink wastes, or 

any other discharge incidental to the normal operation of a vessel. This 

exclusion does not apply to rubbish, trash, garbage, or other such 

materials discharged overboard; nor to other discharges when the vessel 

is operating in a capacity other than as a means of transportation such 

as when used as an energy or mining facility, a storage facility or a 

seafood processing facility, or when secured to a storage facility or a 

seafood processing facility, or when secured to the bed of the ocean, 

contiguous zone or waters of the United States for the purpose of 

mineral or oil exploration or development.

    (b) Discharges of dredged or fill material into waters of the United 

States which are regulated under section 404 of CWA.

    (c) The introduction of sewage, industrial wastes or other 

pollutants into publicly owned treatment works by indirect dischargers. 

Plans or agreements to switch to this method of disposal in the future 

do not relieve dischargers of the obligation to have and comply with 

permits until all discharges of pollutants to waters of the United 

States are eliminated. (See also Sec.  122.47(b)). This exclusion does 

not apply to the introduction of pollutants to privately owned treatment 

works or to other discharges through pipes, sewers, or other conveyances 

owned by a State, municipality, or other party not leading to treatment 

works.

    (d) Any discharge in compliance with the instructions of an On-Scene 

Coordinator pursuant to 40 CFR part 300 (The National Oil and Hazardous 

Substances Pollution Contingency Plan) or 33 CFR 153.10(e) (Pollution by 

Oil and Hazardous Substances).

    (e) Any introduction of pollutants from non point-source 

agricultural and silvicultural activities, including storm water runoff 

from orchards, cultivated crops, pastures, range lands, and forest 

lands, but not discharges from concentrated animal feeding operations as 

defined in Sec.  122.23, discharges from concentrated aquatic animal 

production facilities as defined in Sec.  122.24, discharges to 

aquaculture projects as defined in Sec.  122.25, and discharges from 

silvicultural point sources as defined in Sec.  122.27.

    (f) Return flows from irrigated agriculture.

    (g) Discharges into a privately owned treatment works, except as the 

Director may otherwise require under Sec.  122.44(m).



[48 FR 14153, Apr. 1, 1983, as amended at 54 FR 254, 258, Jan. 4, 1989]