((a)) ** Permits for discharge of pollutants**

((1)) Except as provided in sections 1328 and 1344 of this title, the Administrator may, after opportunity for public hearing issue a permit for the discharge of any pollutant, or combination of pollutants, notwithstanding , upon condition that such discharge will meet either (A) all applicable requirements under sections 1311, 1312, 1316, 1317, 1318, and 1343 of this title, or (B) prior to the taking of necessary implementing actions relating to all such requirements, such conditions as the Administrator determines are necessary to carry out the provisions of this chapter.

((2)) The Administrator shall prescribe conditions for such permits to assure compliance with the requirements of paragraph (1) of this subsection, including conditions on data and information collection, reporting, and such other requirements as he deems appropriate.

((3)) The permit program of the Administrator under paragraph (1) of this subsection, and permits issued thereunder, shall be subject to the same terms, conditions, and requirements as apply to a State permit program and permits issued thereunder under subsection (b) of this section.

((4)) All permits for discharges into the navigable waters issued pursuant to shall be deemed to be permits issued under this subchapter, and permits issued under this subchapter shall be deemed to be permits issued under , and shall continue in force and effect for their term unless revoked, modified, or suspended in accordance with the provisions of this chapter.

((5)) No permit for a discharge into the navigable waters shall be issued under after . Each application for a permit under , pending on , shall be deemed to be an application for a permit under this section. The Administrator shall authorize a State, which he determines has the capability of administering a permit program which will carry out the objectives of this chapter to issue permits for discharges into the navigable waters within the jurisdiction of such State. The Administrator may exercise the authority granted him by the preceding sentence only during the period which begins on , and ends either on the ninetieth day after the date of the first promulgation of guidelines required by , or the date of approval by the Administrator of a permit program for such State under subsection (b) of this section, whichever date first occurs, and no such authorization to a State shall extend beyond the last day of such period. Each such permit shall be subject to such conditions as the Administrator determines are necessary to carry out the provisions of this chapter. No such permit shall issue if the Administrator objects to such issuance.

((b)) ** State permit programs** At any time after the promulgation of the guidelines required by subsection (i)(2) of , the Governor of each State desiring to administer its own permit program for discharges into navigable waters within its jurisdiction may submit to the Administrator a full and complete description of the program it proposes to establish and administer under State law or under an interstate compact. In addition, such State shall submit a statement from the attorney general (or the attorney for those State water pollution control agencies which have independent legal counsel), or from the chief legal officer in the case of an interstate agency, that the laws of such State, or the interstate compact, as the case may be, provide adequate authority to carry out the described program. The Administrator shall approve each submitted program unless he determines that adequate authority does not exist:

((1)) To issue permits which—

((A)) apply, and insure compliance with, any applicable requirements of sections 1311, 1312, 1316, 1317, and 1343 of this title;

((B)) are for fixed terms not exceeding five years; and

((C)) can be terminated or modified for cause including, but not limited to, the following:

((i)) violation of any condition of the permit;

((ii)) obtaining a permit by misrepresentation, or failure to disclose fully all relevant facts;

((iii)) change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge;

((D)) control the disposal of pollutants into wells;

((2))

((A)) To issue permits which apply, and insure compliance with, all applicable requirements of ; or

((B)) To inspect, monitor, enter, and require reports to at least the same extent as required in ;

((3)) To insure that the public, and any other State the waters of which may be affected, receive notice of each application for a permit and to provide an opportunity for public hearing before a ruling on each such application;

((4)) To insure that the Administrator receives notice of each application (including a copy thereof) for a permit;

((5)) To insure that any State (other than the permitting State), whose waters may be affected by the issuance of a permit may submit written recommendations to the permitting State (and the Administrator) with respect to any permit application and, if any part of such written recommendations are not accepted by the permitting State, that the permitting State will notify such affected State (and the Administrator) in writing of its failure to so accept such recommendations together with its reasons for so doing;

((6)) To insure that no permit will be issued if, in the judgment of the Secretary of the Army acting through the Chief of Engineers, after consultation with the Secretary of the department in which the Coast Guard is operating, anchorage and navigation of any of the navigable waters would be substantially impaired thereby;

((7)) To abate violations of the permit or the permit program, including civil and criminal penalties and other ways and means of enforcement;

((8)) To insure that any permit for a discharge from a publicly owned treatment works includes conditions to require the identification in terms of character and volume of pollutants of any significant source introducing pollutants subject to pretreatment standards under into such works and a program to assure compliance with such pretreatment standards by each such source, in addition to adequate notice to the permitting agency of (A) new introductions into such works of pollutants from any source which would be a new source as defined in if such source were discharging pollutants, (B) new introductions of pollutants into such works from a source which would be subject to if it were discharging such pollutants, or (C) a substantial change in volume or character of pollutants being introduced into such works by a source introducing pollutants into such works at the time of issuance of the permit. Such notice shall include information on the quality and quantity of effluent to be introduced into such treatment works and any anticipated impact of such change in the quantity or quality of effluent to be discharged from such publicly owned treatment works; and

((9)) To insure that any industrial user of any publicly owned treatment works will comply with sections 1284(b), 1317, and 1318 of this title.

((c)) ** Suspension of Federal program upon submission of State program; withdrawal of approval of State program; return of State program to Administrator**

((1)) Not later than ninety days after the date on which a State has submitted a program (or revision thereof) pursuant to subsection (b) of this section, the Administrator shall suspend the issuance of permits under subsection (a) of this section as to those discharges subject to such program unless he determines that the State permit program does not meet the requirements of subsection (b) of this section or does not conform to the guidelines issued under . If the Administrator so determines, he shall notify the State of any revisions or modifications necessary to conform to such requirements or guidelines.

((2)) Any State permit program under this section shall at all times be in accordance with this section and guidelines promulgated pursuant to .

((3)) Whenever the Administrator determines after public hearing that a State is not administering a program approved under this section in accordance with requirements of this section, he shall so notify the State and, if appropriate corrective action is not taken within a reasonable time, not to exceed ninety days, the Administrator shall withdraw approval of such program. The Administrator shall not withdraw approval of any such program unless he shall first have notified the State, and made public, in writing, the reasons for such withdrawal.

((4)) ** .—** A State may return to the Administrator administration, and the Administrator may withdraw under paragraph (3) of this subsection approval, of—

((A)) a State partial permit program approved under subsection (n)(3) only if the entire permit program being administered by the State department or agency at the time is returned or withdrawn; and

((B)) a State partial permit program approved under subsection (n)(4) only if an entire phased component of the permit program being administered by the State at the time is returned or withdrawn.

((d)) ** Notification of Administrator**

((1)) Each State shall transmit to the Administrator a copy of each permit application received by such State and provide notice to the Administrator of every action related to the consideration of such permit application, including each permit proposed to be issued by such State.

((2)) No permit shall issue (A) if the Administrator within ninety days of the date of his notification under subsection (b)(5) of this section objects in writing to the issuance of such permit, or (B) if the Administrator within ninety days of the date of transmittal of the proposed permit by the State objects in writing to the issuance of such permit as being outside the guidelines and requirements of this chapter. Whenever the Administrator objects to the issuance of a permit under this paragraph such written objection shall contain a statement of the reasons for such objection and the effluent limitations and conditions which such permit would include if it were issued by the Administrator.

((3)) The Administrator may, as to any permit application, waive paragraph (2) of this subsection.

((4)) In any case where, after , the Administrator, pursuant to paragraph (2) of this subsection, objects to the issuance of a permit, on request of the State, a public hearing shall be held by the Administrator on such objection. If the State does not resubmit such permit revised to meet such objection within 30 days after completion of the hearing, or, if no hearing is requested within 90 days after the date of such objection, the Administrator may issue the permit pursuant to subsection (a) of this section for such source in accordance with the guidelines and requirements of this chapter.

((e)) ** Waiver of notification requirement** In accordance with guidelines promulgated pursuant to subsection (i)(2) of , the Administrator is authorized to waive the requirements of subsection (d) of this section at the time he approves a program pursuant to subsection (b) of this section for any category (including any class, type, or size within such category) of point sources within the State submitting such program.section 1314 of this title

((f)) ** Point source categories** The Administrator shall promulgate regulations establishing categories of point sources which he determines shall not be subject to the requirements of subsection (d) of this section in any State with a program approved pursuant to subsection (b) of this section. The Administrator may distinguish among classes, types, and sizes within any category of point sources.

((g)) ** Other regulations for safe transportation, handling, carriage, storage, and stowage of pollutants** Any permit issued under this section for the discharge of pollutants into the navigable waters from a vessel or other floating craft shall be subject to any applicable regulations promulgated by the Secretary of the department in which the Coast Guard is operating, establishing specifications for safe transportation, handling, carriage, storage, and stowage of pollutants.

((h)) ** Violation of permit conditions; restriction or prohibition upon introduction of pollutant by source not previously utilizing treatment works** In the event any condition of a permit for discharges from a treatment works (as defined in ) which is publicly owned is violated, a State with a program approved under subsection (b) of this section or the Administrator, where no State program is approved or where the Administrator determines pursuant to that a State with an approved program has not commenced appropriate enforcement action with respect to such permit, may proceed in a court of competent jurisdiction to restrict or prohibit the introduction of any pollutant into such treatment works by a source not utilizing such treatment works prior to the finding that such condition was violated.section 1292 of this titlesection 1319(a) of this title

((i)) ** Federal enforcement not limited** Nothing in this section shall be construed to limit the authority of the Administrator to take action pursuant to .section 1319 of this title

((j)) ** Public information** A copy of each permit application and each permit issued under this section shall be available to the public. Such permit application or permit, or portion thereof, shall further be available on request for the purpose of reproduction.

((k)) ** Compliance with permits** Compliance with a permit issued pursuant to this section shall be deemed compliance, for purposes of sections 1319 and 1365 of this title, with sections 1311, 1312, 1316, 1317, and 1343 of this title, except any standard imposed under for a toxic pollutant injurious to human health. Until , in any case where a permit for discharge has been applied for pursuant to this section, but final administrative disposition of such application has not been made, such discharge shall not be a violation of (1) section 1311, 1316, or 1342 of this title, or (2) , unless the Administrator or other plaintiff proves that final administrative disposition of such application has not been made because of the failure of the applicant to furnish information reasonably required or requested in order to process the application. For the 180-day period beginning on , in the case of any point source discharging any pollutant or combination of pollutants immediately prior to such date which source is not subject to , the discharge by such source shall not be a violation of this chapter if such a source applies for a permit for discharge pursuant to this section within such 180-day period.section 1317 of this titlesection 407 of this titlesection 407 of this titleDecember 31, 19741974-12-31October 18, 19721972-10-18

((l)) ** Limitation on permit requirement**

((1)) ** Agricultural return flows** The Administrator shall not require a permit under this section for discharges composed entirely of return flows from irrigated agriculture, nor shall the Administrator directly or indirectly, require any State to require such a permit.

((2)) ** Stormwater runoff from oil, gas, and mining operations** The Administrator shall not require a permit under this section, nor shall the Administrator directly or indirectly require any State to require a permit, for discharges of stormwater runoff from mining operations or oil and gas exploration, production, processing, or treatment operations or transmission facilities, composed entirely of flows which are from conveyances or systems of conveyances (including but not limited to pipes, conduits, ditches, and channels) used for collecting and conveying precipitation runoff and which are not contaminated by contact with, or do not come into contact with, any overburden, raw material, intermediate products, finished product, byproduct, or waste products located on the site of such operations.

((3)) ** Silvicultural activities**

((A)) ** .—** The Administrator shall not require a permit under this section nor directly or indirectly require any State to require a permit under this section for a discharge from runoff resulting from the conduct of the following silviculture activities conducted in accordance with standard industry practice: nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road construction and maintenance.

((B)) ** .—** Nothing in this paragraph exempts a discharge from silvicultural activity from any permitting requirement under , existing permitting requirements under , or from any other federal law.

((C)) The authorization provided in Section  1365(a) of this title does not apply to any non-permitting program established under 1342(p)(6)  of this title for the silviculture activities listed in 1342()(3)(A)  of this title, or to any other limitations that might be deemed to apply to the silviculture activities listed in 1342()(3)(A)  of this title.

((m)) ** Additional pretreatment of conventional pollutants not required** To the extent a treatment works (as defined in ) which is publicly owned is not meeting the requirements of a permit issued under this section for such treatment works as a result of inadequate design or operation of such treatment works, the Administrator, in issuing a permit under this section, shall not require pretreatment by a person introducing conventional pollutants identified pursuant to into such treatment works other than pretreatment required to assure compliance with pretreatment standards under subsection (b)(8) of this section and . Nothing in this subsection shall affect the Administrator’s authority under sections 1317 and 1319 of this title, affect State and local authority under sections 1317(b)(4) and 1370 of this title, relieve such treatment works of its obligations to meet requirements established under this chapter, or otherwise preclude such works from pursuing whatever feasible options are available to meet its responsibility to comply with its permit under this section.section 1292 of this titlesection 1314(a)(4) of this titlesection 1317(b)(1) of this title

((n)) ** Partial permit program**

((1)) ** State submission** The Governor of a State may submit under subsection (b) of this section a permit program for a portion of the discharges into the navigable waters in such State.

((2)) ** Minimum coverage** A partial permit program under this subsection shall cover, at a minimum, administration of a major category of the discharges into the navigable waters of the State or a major component of the permit program required by subsection (b).

((3)) ** Approval of major category partial permit programs** The Administrator may approve a partial permit program covering administration of a major category of discharges under this subsection if—

((A)) such program represents a complete permit program and covers all of the discharges under the jurisdiction of a department or agency of the State; and

((B)) the Administrator determines that the partial program represents a significant and identifiable part of the State program required by subsection (b).

((4)) ** Approval of major component partial permit programs** The Administrator may approve under this subsection a partial and phased permit program covering administration of a major component (including discharge categories) of a State permit program required by subsection (b) if—

((A)) the Administrator determines that the partial program represents a significant and identifiable part of the State program required by subsection (b); and

((B)) the State submits, and the Administrator approves, a plan for the State to assume administration by phases of the remainder of the State program required by subsection (b) by a specified date not more than 5 years after submission of the partial program under this subsection and agrees to make all reasonable efforts to assume such administration by such date.

((o)) ** Anti-backsliding**

((1)) ** General prohibition** In the case of effluent limitations established on the basis of subsection (a)(1)(B) of this section, a permit may not be renewed, reissued, or modified on the basis of effluent guidelines promulgated under subsequent to the original issuance of such permit, to contain effluent limitations which are less stringent than the comparable effluent limitations in the previous permit. In the case of effluent limitations established on the basis of section 1311(b)(1)(C) or section 1313(d) or (e) of this title, a permit may not be renewed, reissued, or modified to contain effluent limitations which are less stringent than the comparable effluent limitations in the previous permit except in compliance with .section 1314(b) of this titlesection 1313(d)(4) of this title

((2)) ** Exceptions** A permit with respect to which paragraph (1) applies may be renewed, reissued, or modified to contain a less stringent effluent limitation applicable to a pollutant if—

((A)) material and substantial alterations or additions to the permitted facility occurred after permit issuance which justify the application of a less stringent effluent limitation;

((B))

((i)) information is available which was not available at the time of permit issuance (other than revised regulations, guidance, or test methods) and which would have justified the application of a less stringent effluent limitation at the time of permit issuance; or

((ii)) the Administrator determines that technical mistakes or mistaken interpretations of law were made in issuing the permit under subsection (a)(1)(B);

((C)) a less stringent effluent limitation is necessary because of events over which the permittee has no control and for which there is no reasonably available remedy;

((D)) the permittee has received a permit modification under section 1311(c), 1311(g), 1311(h), 1311(i), 1311(k), 1311(n), or 1326(a) of this title; or

((E)) the permittee has installed the treatment facilities required to meet the effluent limitations in the previous permit and has properly operated and maintained the facilities but has nevertheless been unable to achieve the previous effluent limitations, in which case the limitations in the reviewed, reissued, or modified permit may reflect the level of pollutant control actually achieved (but shall not be less stringent than required by effluent guidelines in effect at the time of permit renewal, reissuance, or modification).

((3)) ** Limitations** In no event may a permit with respect to which paragraph (1) applies be renewed, reissued, or modified to contain an effluent limitation which is less stringent than required by effluent guidelines in effect at the time the permit is renewed, reissued, or modified. In no event may such a permit to discharge into waters be renewed, reissued, or modified to contain a less stringent effluent limitation if the implementation of such limitation would result in a violation of a water quality standard under applicable to such waters.section 1313 of this title

((p)) ** Municipal and industrial stormwater discharges**

((1)) ** General rule** Prior to , the Administrator or the State (in the case of a permit program approved under this section) shall not require a permit under this section for discharges composed entirely of stormwater.October 1, 19941994-10-01

((2)) ** Exceptions** Paragraph (1) shall not apply with respect to the following stormwater discharges:

((A)) A discharge with respect to which a permit has been issued under this section before .

((B)) A discharge associated with industrial activity.

((C)) A discharge from a municipal separate storm sewer system serving a population of 250,000 or more.

((D)) A discharge from a municipal separate storm sewer system serving a population of 100,000 or more but less than 250,000.

((E)) A discharge for which the Administrator or the State, as the case may be, determines that the stormwater discharge contributes to a violation of a water quality standard or is a significant contributor of pollutants to waters of the United States.

((3)) ** Permit requirements**

((A)) ** Industrial discharges** Permits for discharges associated with industrial activity shall meet all applicable provisions of this section and .section 1311 of this title

((B)) ** Municipal discharge** Permits for discharges from municipal storm sewers—

((i)) may be issued on a system- or jurisdiction-wide basis;

((ii)) shall include a requirement to effectively prohibit non-stormwater discharges into the storm sewers; and

((iii)) shall require controls to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques and system, design and engineering methods, and such other provisions as the Administrator or the State determines appropriate for the control of such pollutants.

((4)) ** Permit application requirements**

((A)) ** Industrial and large municipal discharges** Not later than 2 years after , the Administrator shall establish regulations setting forth the permit application requirements for stormwater discharges described in paragraphs (2)(B) and (2)(C). Applications for permits for such discharges shall be filed no later than 3 years after . Not later than 4 years after , the Administrator or the State, as the case may be, shall issue or deny each such permit. Any such permit shall provide for compliance as expeditiously as practicable, but in no event later than 3 years after the date of issuance of such permit.February 4, 19871987-02-04February 4, 19871987-02-04February 4, 19871987-02-04

((B)) ** Other municipal discharges** Not later than 4 years after , the Administrator shall establish regulations setting forth the permit application requirements for stormwater discharges described in paragraph (2)(D). Applications for permits for such discharges shall be filed no later than 5 years after . Not later than 6 years after , the Administrator or the State, as the case may be, shall issue or deny each such permit. Any such permit shall provide for compliance as expeditiously as practicable, but in no event later than 3 years after the date of issuance of such permit.February 4, 19871987-02-04February 4, 19871987-02-04February 4, 19871987-02-04

((5)) ** Studies** The Administrator, in consultation with the States, shall conduct a study for the purposes of—

((A)) identifying those stormwater discharges or classes of stormwater discharges for which permits are not required pursuant to paragraphs (1) and (2) of this subsection;

((B)) determining, to the maximum extent practicable, the nature and extent of pollutants in such discharges; and

((C)) establishing procedures and methods to control stormwater discharges to the extent necessary to mitigate impacts on water quality.

((6)) ** Regulations** Not later than , the Administrator, in consultation with State and local officials, shall issue regulations (based on the results of the studies conducted under paragraph (5)) which designate stormwater discharges, other than those discharges described in paragraph (2), to be regulated to protect water quality and shall establish a comprehensive program to regulate such designated sources. The program shall, at a minimum, (A) establish priorities, (B) establish requirements for State stormwater management programs, and (C) establish expeditious deadlines. The program may include performance standards, guidelines, guidance, and management practices and treatment requirements, as appropriate.October 1, 19931993-10-01

((q)) ** Combined sewer overflows**

((1)) ** Requirement for permits, orders, and decrees** Each permit, order, or decree issued pursuant to this chapter after , for a discharge from a municipal combined storm and sanitary sewer shall conform to the Combined Sewer Overflow Control Policy signed by the Administrator on (in this subsection referred to as the “CSO control policy”).December 21, 20002000-12-21April 11, 19941994-04-11

((2)) ** Water quality and designated use review guidance** Not later than , and after providing notice and opportunity for public comment, the Administrator shall issue guidance to facilitate the conduct of water quality and designated use reviews for municipal combined sewer overflow receiving waters.July 31, 20012001-07-31

((3)) ** Report** Not later than , the Administrator shall transmit to Congress a report on the progress made by the Environmental Protection Agency, States, and municipalities in implementing and enforcing the CSO control policy.September 1, 20012001-09-01

((r)) ** Discharges incidental to the normal operation of recreational vessels** No permit shall be required under this chapter by the Administrator (or a State, in the case of a permit program approved under subsection (b)) for the discharge of any graywater, bilge water, cooling water, weather deck runoff, oil water separator effluent, or effluent from properly functioning marine engines, or any other discharge that is incidental to the normal operation of a vessel, if the discharge is from a recreational vessel.

((s)) ** Integrated plans**

((1)) ** Definition of integrated plan** In this subsection, the term “integrated plan” means a plan developed in accordance with the Integrated Municipal Stormwater and Wastewater Planning Approach Framework, issued by the Environmental Protection Agency and dated .June 5, 20122012-06-05

((2)) ** In general** The Administrator (or a State, in the case of a permit program approved by the Administrator) shall inform municipalities of the opportunity to develop an integrated plan that may be incorporated into a permit under this section.

((3)) ** Scope**

((A)) ** Scope of permit incorporating integrated plan** A permit issued under this section that incorporates an integrated plan may integrate all requirements under this chapter addressed in the integrated plan, including requirements relating to—

((i)) a combined sewer overflow;

((ii)) a capacity, management, operation, and maintenance program for sanitary sewer collection systems;

((iii)) a municipal stormwater discharge;

((iv)) a municipal wastewater discharge; and

((v)) a water quality-based effluent limitation to implement an applicable wasteload allocation in a total maximum daily load.

((B)) ** Inclusions in integrated plan** An integrated plan incorporated into a permit issued under this section may include the implementation of—

((i)) projects, including innovative projects, to reclaim, recycle, or reuse water; and

((ii)) green infrastructure.

((4)) ** Compliance schedules**

((A)) ** In general** A permit issued under this section that incorporates an integrated plan may include a schedule of compliance, under which actions taken to meet any applicable water quality-based effluent limitation may be implemented over more than 1 permit term if the schedule of compliance—

((i)) is authorized by State water quality standards; and

((ii)) meets the requirements of section 122.47 of title 40, Code of Federal Regulations (as in effect on ).

((B)) ** Time for compliance** For purposes of subparagraph (A)(ii), the requirement of section 122.47 of title 40, Code of Federal Regulations, for compliance by an applicable statutory deadline under this chapter does not prohibit implementation of an applicable water quality-based effluent limitation over more than 1 permit term.

((C)) ** Review** A schedule of compliance incorporated into a permit issued under this section may be reviewed at the time the permit is renewed to determine whether the schedule should be modified.

((5)) ** Existing authorities retained**

((A)) ** Applicable standards** Nothing in this subsection modifies any obligation to comply with applicable technology and water quality-based effluent limitations under this chapter.

((B)) ** Flexibility** Nothing in this subsection reduces or eliminates any flexibility available under this chapter, including the authority of a State to revise a water quality standard after a use attainability analysis under section 131.10(g) of title 40, Code of Federal Regulations (or a successor regulation), subject to the approval of the Administrator under .section 1313(c) of this title

((6)) ** Clarification of State authority**

((A)) ** In general** Nothing in precludes a State from authorizing in the water quality standards of the State the issuance of a schedule of compliance to meet water quality-based effluent limitations in permits that incorporate provisions of an integrated plan.section 1311(b)(1)(C) of this title

((B)) ** Transition rule** In any case in which a discharge is subject to a judicial order or consent decree, as of , resolving an enforcement action under this chapter, any schedule of compliance issued pursuant to an authorization in a State water quality standard may not revise a schedule of compliance in that order or decree to be less stringent, unless the order or decree is modified by agreement of the parties and the court.January 14, 20192019-01-14