T HE C LEAN W ATER A CT & S UCTION D REDGE M INING. The CWA generally requires a permit for: any discharge (addition), of a pollutant, into waters of the United States. The CWA contains two primary permitting schemes for these discharges; they are:
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requires a permit for:
The CWA contains two primary permitting schemes for these discharges; they are:
…the discharge of dredged
or fill material;
…all other discharges
not under § 404 authority.
mutually exclusive of the other.
Under the CWA, a single discharge
into waters of the United States
requires either a 404 permit,
or a 402 permit, but not both.
Requires permits for such activities as:
…with the exception of “incidental fallbck”
NPDES PERMITS ARE REQUIRED FOR:
THAT ALL FIVE
OF THESE FACTORS
MUST BE PRESENT
FOR NPDES TO APPLY
“FROM THE OUTSIDE WORLD.”
100% OF THE DISCHARGE FROM A SUCTION DREDGE IS MATERIAL ALREADY PRESENT IN THE WATER.
THERE IS NO “ADDITION”
BUT INSTEAD SAFELY REMOVE MOST HEAVY POLLUTANTS ALREADY IN THE WATER –
AT NO COST TO THE PUBLIC!
“WATERS OF THE UNITED STATES”;
(DEFINED BY THE EPA AS
THE NAVIGABLE WATERS
AT THE TIME OF STATEHOOD.)
Q: ARE ALL WATERS IN IDAHO “WATERS OF THE UNITED STATES”?
“. . . the bill tries to free from the threat of regulation those kinds of manmade activities which are sufficiently de minimis as to merit general attention at the State and local level and little or no attention at the national level."
Senate Report on S. 1952, 95th Cong., reprinted in 1977 Legis.Hist. at 645.
Except as expressly provided in this chapter, nothing in this chapter shall
political subdivision thereof or interstate
agency to adopt or enforce
discharges of pollutants, or
(B) any requirement respecting control or
abatement of pollution… which is less stringent than the effluent limitation, or other limitation, effluent standard, prohibition, pretreatment standard, or standard of performance under this chapter; or …
(2) be construed as impairing
or in any manner affecting any right
or jurisdiction of the States
with respect to the waters (including boundary waters) of such States.