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33 U.S.C. § 1370 — State authority
Federal law — U.S. Code and appendices · legal_authorities
Except as expressly provided in this chapter, nothing in this chapter shall (1) preclude or deny the right of any State or political subdivision thereof or interstate agency to adopt or enforce (A) any standard or limitation respecting discharges of pollutants, or (B) any requirement respecting control or abatement of pollution; except that if an effluent limitation, or other limitation, effluent standard, prohibition, pretreatment standard, or standard of performance is in effect under this chapter, such State or political subdivision or interstate agency may not adopt or enforce any effluent limitation, or other limitation, effluent standard, prohibition, pretreatment standard, or standard of performance 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.
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Source file: Laws/federal/codes/united-states-code/title-33/section-1370-state-authority--0c8aef9340.md
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Source location: Title 33, Chapter 26, § 1370; chapter-026-water-pollution-prevention-and-control.md
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Except as expressly provided in this chapter, nothing in this chapter shall (1) preclude or deny the right of any State or political subdivision thereof or interstate agency to adopt or enforce (A) any standard or limitation respecting discharges of pollutants, or (B) any requirement respecting control or abatement of pollution; except that if an effluent limitation, or other limitation, effluent standard, prohibition, pretreatment standard, or standard of performance is in effect under this chapter, such State or political subdivision or interstate agency may not adopt or enforce any effluent limitation, or other limitation, effluent standard, prohibition, pretreatment standard, or standard of performance 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Illegality of pollutant discharges except in compliance with law** Except as in compliance with this section and sections 1312, 1316, 1317, 1328, 1342, and 1344 of this title, the discharge of any pollutant by any person shall be unlawful.
**(b) Timetable for achievement of objectives** In order to carry out the objective of this chapter there shall be achieved—
(1)
(A) not later than July 1, 1977, effluent limitations for point sources, other than publicly owned treatment works, (i) which shall require the application of the best practicable control technology currently available as defined by the Administrator pursuant to [section 1314(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1314/b&num=0&edition=prelim), or (ii) in the case of a discharge into a publicly owned treatment works which meets the requirements of subparagraph (B) of this paragraph, which shall require compliance with any applicable pretreatment requirements and any requirements under [section 1317 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1317&num=0&edition=prelim); and
(B) for publicly owned treatment works in existence on July 1, 1977, or approved pursuant to [section 1283 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1283&num=0&edition=prelim) prior to June 30, 1974 (for which construction must be completed within four years of approval), effluent limitations based upon secondary treatment as defined by the Administrator pursuant to [section 1314(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1314/d/1&num=0&edition=prelim); or,
(C) not later than July 1, 1977, any more stringent limitation, in
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Federal law — U.S. Code and appendices · legal_authorities
Page 590
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1370
101 Stat. 1732; Pub. L. 115–282, title IX, § 903(c)(4),
Dec. 4, 2018, 132 Stat. 4356.)
Editorial Notes
AMENDMENTS
2018—Subsec. (b)(4). Pub. L. 115–282 added par. (4).
1988—Subsec. (b)(3), (4). Pub. L. 100–236 redesignated
par. (4) as (3) and struck out former par. (3) relating to
venue, which provided for selection procedure in sub-
par. (A), administrative provisions in subpar. (B), and
transfers in subpar. (C).
1987—Subsec. (b)(1). Pub. L. 100–4, §§ 308(b), 406(d)(3),
505(a), substituted ‘‘transacts business which is directly
affected by such action’’ for ‘‘transacts such business’’,
‘‘120’’ for ‘‘ninety’’, and ‘‘120th’’ for ‘‘ninetieth’’, sub-
stituted ‘‘1316, or 1345 of this title’’ for ‘‘or 1316 of this
title’’ in cl. (E), and added cl. (G).
Subsec. (b)(3), (4). Pub. L. 100–4, § 505(b), added pars.
(3) and (4).
1973—Subsec. (b)(1)(C). Pub. L. 93–207 substituted
‘‘pretreatment’’ for ‘‘treatment’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–236 effective 180 days after
Jan. 8, 1988, see section 3 of Pub. L. 100–236, set out as
a note under section 2112 of Title 28, Judiciary and Ju-
dicial Procedure.
§ 1370. State authority
Except as expressly provided in this chapter,
nothing in this chapter shall (1) preclude or
deny the right of any State or political subdivi-
sion thereof or interstate agency to adopt or en-
force (A) any standard or limitation respecting
discharges of pollutants, or (B) any requirement
respecting control or abatement of pollution; ex-
cept that if an effluent limitation, or other limi-
tation,
effluent
standard,
prohibition,
pretreatment standard, or standard of perform-
ance is in effect under this chapt
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1370
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