[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

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

[CITE: 40CFR233.11]



[Page 291]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 233_404 STATE PROGRAM REGULATIONS--Table of Contents

 

                       Subpart B_Program Approval

 

Sec.  233.11  Program description.



    The program description as required under Sec.  233.10 shall 

include:

    (a) A description of the scope and structure of the State's program. 

The description should include extent of State's jurisdiction, scope of 

activities regulated, anticipated coordination, scope of permit 

exemptions if any, and permit review criteria;

    (b) A description of the State's permitting, administrative, 

judicial review, and other applicable procedures;

    (c) A description of the basic organization and structure of the 

State agency (agencies) which will have responsibility for administering 

the program. If more than one State agency is responsible for the 

administration of the program, the description shall address the 

responsibilities of each agency and how the agencies intend to 

coordinate administration and evaluation of the program;

    (d) A description of the funding and manpower which will be 

available for program administration;

    (e) An estimate of the anticipated workload, e.g., number of 

discharges.

    (f) Copies of permit application forms, permit forms, and reporting 

forms;

    (g) A description of the State's compliance evaluation and 

enforcement programs, including a description of how the State will 

coordinate its enforcement strategy with that of the Corps and EPA;

    (h) A description of the waters of the United States within a State 

over which the State assumes jurisdiction under the approved program; a 

description of the waters of the United States within a State over which 

the Secretary retains jurisdiction subsequent to program approval; and a 

comparison of the State and Federal definitions of wetlands.



    Note: States should obtain from the Secretary an identification of 

those waters of the U.S. within the State over which the Corps retains 

authority under section 404(g) of the Act.



    (i) A description of the specific best management practices proposed 

to be used to satisfy the exemption provisions of section 404(f)(1)(E) 

of the Act for construction or maintenance of farm roads, forest roads, 

or temporary roads for moving mining equipment.