[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: 40CFR125.123]



[Page 364-365]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 125_CRITERIA AND STANDARDS FOR THE NATIONAL POLLUTANT DISCHARGE 

ELIMINATION SYSTEM--Table of Contents

 

                   Subpart M_Ocean Discharge Criteria

 

Sec.  125.123  Permit requirements.



    (a) If the director on the basis of available information including 

that supplied by the applicant pursuant to Sec.  125.124 determines 

prior to permit issuance that the discharge will not cause unreasonable 

degradation of the marine environment after application of any necessary 

conditions specified in Sec.  125.123(d), he may issue an NPDES permit 

containing such conditions.

    (b) If the director, on the basis of available information including 

that supplied by the applicant pursuant to Sec.  125.124 determines 

prior to permit issuance that the discharge will cause unreasonable 

degradation of the marine environment after application of all possible 

permit conditions specified in Sec.  125.123(d), he may not issue an



[[Page 365]]



NPDES permit which authorizes the discharge of pollutants.

    (c) If the director has insufficient information to determine prior 

to permit issuance that there will be no unreasonable degradation of the 

marine environment pursuant to Sec.  125.122, there shall be no 

discharge of pollutants into the marine environment unless the director 

on the basis of available information, including that supplied by the 

applicant pursuant to Sec.  125.124 determines that:

    (1) Such discharge will not cause irreparable harm to the marine 

environment during the period in which monitoring is undertaken, and

    (2) There are no reasonable alternatives to the on-site disposal of 

these materials, and

    (3) The discharge will be in compliance with all permit conditions 

established pursuant to paragraph (d) of this section.

    (d) All permits which authorize the discharge of pollutants pursuant 

to paragraph (c) of this section shall:

    (1) Require that a discharge of pollutants will: (i) Following 

dilution as measured at the boundary of the mixing zone not exceed the 

limiting permissible concentration for the liquid and suspended 

particulate phases of the waste material as described in Sec.  227.27(a) 

(2) and (3), Sec.  227.27(b), and Sec.  227.27(c) of the Ocean Dumping 

Criteria; and (ii) not exceed the limiting permissible concentration for 

the solid phase of the waste material or cause an accumulation of toxic 

materials in the human food chain as described in Sec.  227.27 (b) and 

(d) of the Ocean Dumping Criteria;

    (2) Specify a monitoring program, which is sufficient to assess the 

impact of the discharge on water, sediment, and biological quality 

including, where appropriate, analysis of the bioaccumulative and/or 

persistent impact on aquatic life of the discharge;

    (3) Contain any other conditions, such as performance of liquid or 

suspended particulate phase bioaccumulation tests, seasonal restrictions 

on discharge, process modifications, dispersion of pollutants, or 

schedule of compliance for existing discharges, which are determined to 

be necessary because of local environmental conditions, and

    (4) Contain the following clause: In addition to any other grounds 

specified herein, this permit shall be modified or revoked at any time 

if, on the basis of any new data, the director determines that continued 

discharges may cause unreasonable degradation of the marine environment.