[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: 40CFR233.21]



[Page 294-295]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 233_404 STATE PROGRAM REGULATIONS--Table of Contents

 

                      Subpart C_Permit Requirements

 

Sec.  233.21  General permits.



    (a) Under section 404(h)(5) of the Act, States may, after program 

approval, administer and enforce general permits previously issued by 

the Secretary in State regulated waters.



    Note: If States intend to assume existing general permits, they must 

be able to ensure compliance with existing permit conditions an any 

reporting monitoring, or prenotification requirements.





[[Page 295]]





    (b) The Director may issue a general permit for categories of 

similar activities if he determines that the regulated activities will 

cause only minimal adverse environmental effects when performed 

separately and will have only minimal cumulative adverse effects on the 

environment. Any general permit issued shall be in compliance with the 

section 404(b)(1) Guidelines.

    (c) In addition to the conditions specified in Sec.  233.23, each 

general permit shall contain:

    (1) A specific description of the type(s) of activities which are 

authorized, including limitations for any single operation. The 

description shall be detailed enough to ensure that the requirements of 

paragraph (b) of this section are met. (This paragraph super cedes Sec.  

233.23(c)(1) for general permits.)

    (2) A precise description of the geographic area to which the 

general permit applies, including limitations on the type(s) of water 

where operations may be conducted sufficient to ensure that the 

requirements of paragraph (b) of this section are met.

    (d) Predischarge notification or other reporting requirements may be 

required by the Director on a permit-by-permit basis as appropriate to 

ensure that the general permit will comply with the requirement (section 

404(e) of the Act) that the regulated activities will cause only minimal 

adverse environmental effects when performed separately and will have 

only minimal cumulative adverse effects on the environment.

    (e) The Director may, without revoking the general permit, require 

any person authorized under a general permit to apply for an individual 

permit. This discretionary authority will be based on concerns for the 

aquatic environment including compliance with paragraph (b) of this 

section and the 404(b)(1) Guidelines (40 CFR part 230.)

    (1) This provision in no way affects the legality of activities 

undertaken pursuant to the general permit prior to notification by the 

Director of such requirement.

    (2) Once the Director notifies the discharger of his decision to 

exercise discretionary authority to require an individual permit, the 

discharger's activity is no longer authorized by the general permit.