[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: 40CFR233.14]



[Page 292]

 

                   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.  233.14  Memorandum of Agreement with the Secretary.



    (a) Before a State program is approved under this part, the Director 

shall enter into a Memorandum of Agreement with the Secretary. When more 

than one agency within a State has responsibility for administering the 

State program, Directors of each of the responsible agencies shall be 

parties of the Memorandum of Agreement.

    (b) The Memorandum of Agreement shall include:

    (1) A description of waters of the United States within the State 

over which the Secretary retains jurisdiction, as identified by the 

Secretary.

    (2) Procedures whereby the Secretary will, upon program approval, 

transfer to the State pending 404 permit applications for discharges in 

State regulated waters and other relevant information not already in the 

possession of the Director.



    Note: Where a State permit program includes coverage of those 

traditionally navigable waters in which only the Secretary may issue 

section 404 permits, the State is encouraged to establish in this MOA 

procedures for joint processing of Federal and State permits, including 

joint public notices and public hearings.



    (3) An identification of all general permits issued by the Secretary 

the terms and conditions of which the State intends to administer and 

enforce upon receiving approval of its program, and a plan for 

transferring responsibility for these general permits to the State, 

including procedures for the prompt transmission from the Secretary to 

the Director of relevant information not already in the possession of 

the Director, including support files for permit issuance, compliance 

reports and records of enforcement actions.



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