[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: 40CFR122.5]



[Page 140]

 

                   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.  122.5  Effect of a permit.



    (a) Applicable to State programs, see Sec.  123.25. (1) Except for 

any toxic effluent standards and prohibitions imposed under section 307 

of the CWA and ``standards for sewage sludge use or disposal'' under 

405(d) of the CWA, compliance with a permit during its term constitutes 

compliance, for purposes of enforcement, with sections 301, 302, 306, 

307, 318, 403, and 405 (a)-(b) of CWA. However, a permit may be 

modified, revoked and reissued, or terminated during its term for cause 

as set forth in Sec. Sec.  122.62 and 122.64.

    (2) Compliance with a permit condition which implements a particular 

``standard for sewage sludge use or disposal'' shall be an affirmative 

defense in any enforcement action brought for a violation of that 

``standard for sewage sludge use or disposal'' pursuant to sections 

405(e) and 309 of the CWA.

    (b) Applicable to State programs, See Sec.  123.25. The issuance of 

a permit does not convey any property rights of any sort, or any 

exclusive privilege.

    (c) The issuance of a permit does not authorize any injury to 

persons or property or invasion of other private rights, or any 

infringement of State or local law or regulations.



[48 FR 14153, Apr. 1, 1983, as amended at 54 FR 18782, May 2, 1989]



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