[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: 40CFR233.23]



[Page 295-296]

 

                   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.  233.23  Permit conditions.



    (a) For each permit the Director shall establish conditions which 

assure compliance with all applicable statutory and regulatory 

requirements, including the 404(b)(1) Guidelines, applicable section 303 

water quality standards, and applicable section 307 effluent standards 

and prohibitions.



[[Page 296]]



    (b) Section 404 permits shall be effective for a fixed term not to 

exceed 5 years.

    (c) Each 404 permit shall include conditions meeting or implementing 

the following requirements:

    (1) A specific identification and complete description of the 

authorized activity including name and address of permittee, location 

and purpose of discharge, type and quantity of material to be 

discharged. (This subsection is not applicable to general permits).

    (2) Only the activities specifically described in the permit are 

authorized.

    (3) The permittee shall comply with all conditions of the permit 

even if that requires halting or reducing the permitted activity to 

maintain compliance. Any permit violation constitutes a violation of the 

Act as well as of State statute and/or regulation.

    (4) The permittee shall take all reasonable steps to minimize or 

prevent any discharge in violation of this permit.

    (5) The permittee shall inform the Director of any expected or known 

actual noncompliance.

    (6) The permittee shall provide such information to the Director, as 

the Director requests, to determine compliance status, or whether cause 

exists for permit modification, revocation or termination.

    (7) Monitoring, reporting and recordkeeping requirements as needed 

to safeguard the aquatic environment. (Such requirements will be 

determined on a case-by-case basis, but at a minimum shall include 

monitoring and reporting of any expected leachates, reporting of 

noncompliance, planned changes or transfer of the permit.)

    (8) Inspection and entry. The permittee shall allow the Director, or 

his authorized representative, upon presentation of proper 

identification, at reasonable times to:

    (i) Enter upon the permittee's premises where a regulated activity 

is located or where records must be kept under the conditions of the 

permit,

    (ii) Have access to and copy any records that must be kept under the 

conditions of the permit,

    (iii) Inspect operations regulated or required under the permit, and

    (iv) Sample or monitor, for the purposes of assuring permit 

compliance or as otherwise authorized by the Act, any substances or 

parameters at any location.

    (9) Conditions assuring that the discharge will be conducted in a 

manner which minimizes adverse impacts upon the physical, chemical and 

biological integrity of the waters of the United States, such as 

requirements for restoration or mitigation.