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33 U.S.C. § 1371 — Authority under other laws and regulations

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1371 — Authority under other laws and regulations

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Stable record: federal_law:legal_authorities:record_usc_4e76f417d417d157b32c90a3
Source file: Laws/federal/codes/united-states-code/title-33/section-1371-authority-under-other-laws-and-regulations--d43b9a9b20.md
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Source location: Title 33, Chapter 26, § 1371; chapter-026-water-pollution-prevention-and-control.md

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**(a) Impairment of authority or functions of officials and agencies; treaty provisions** This chapter shall not be construed as (1) limiting the authority or functions of any officer or agency of the United States under any other law or regulation not inconsistent with this chapter; (2) affecting or impairing the authority of the Secretary of the Army (A) to maintain navigation or (B) under the Act of March 3, 1899, (30 Stat. 1112); except that any permit issued under [section 1344 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1344&num=0&edition=prelim) shall be conclusive as to the effect on water quality of any discharge resulting from any activity subject to [section 403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section403&num=0&edition=prelim), or (3) affecting or impairing the provisions of any treaty of the United States. **(b) Discharges of pollutants into navigable waters** Discharges of pollutants into the navigable waters subject to the Rivers and Harbors Act of 1910 (36 Stat. 593; [33 U.S.C. 421](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section421&num=0&edition=prelim)) and the Supervisory Harbors Act of 1888 (25 Stat. 209; [33 U.S.C. 441–451b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section441–451b&num=0&edition=prelim)) shall be regulated pursuant to this chapter, and not subject to such Act of 1910 and the Act of 1888 except as to effect on navigation and anchorage. **(c) Action of the Administrator deemed major Federal action; construction of the National Environmental Policy Act of 1969** (1) Except for the provision of Federal financial assistance for the purpose of assisting the construction of publicly owned treatment works as authorized by [section 1281 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1281&num=0&edition=prelim), and the issuance of a permit under [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim) for the discharge of any pollutant by a new source as defined in [section 1316 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1316&num=0&edition=prelim), no action of the Administrator taken pursuant to this chapter shall be deemed a major Federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 (83 Stat. 852) [[42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.]; and (2) Nothing in the National Environmental Policy Act of 1969 (83 Stat. 852) shall be deemed to— (A) authorize any Federal agency authorized to license or permit the conduct of any activity which may result in the discharge of a pollutant into the navigable waters to review any effluent limitation or other requirement established pursuant to this chapter or the adequacy of any certification under [section 1341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1341&num=0&edition=prelim); or (B) authorize any such agency to impose, as a condition precedent to the issuance of any license or permit, any effluent limitation other than any such limitation established pursuant to this chapter. **(d) Consideration of international water pollution control agreements** Notwithstanding this chapter or any other provision of law, the Administrator (1) shall not require any State to consider in the development of the ranking in order of priority of needs for the construction of treatment works (as defined in subchapter II of this chapter), any water pollution control agreement which may have been entered into between the United States and any other nation, and (2) shall not consider any such agreement in the approval of any such priority ranking.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1316 — National standards of performance

**(a) Definitions** For purposes of this section: (1) The term “standard of performance” means a standard for the control of the discharge of pollutants which reflects the greatest degree of effluent reduction which the Administrator determines to be achievable through application of the best available demonstrated control technology, processes, operating methods, or other alternatives, including, where practicable, a standard permitting no discharge of pollutants. (2) The term “new source” means any source, the construction of which is commenced after the publication of proposed regulations prescribing a standard of performance under this section which will be applicable to such source, if such standard is thereafter promulgated in accordance with this section. (3) The term “source” means any building, structure, facility, or installation from which there is or may be the discharge of pollutants. (4) The term “owner or operator” means any person who owns, leases, operates, controls, or supervises a source. (5) The term “construction” means any placement, assembly, or installation of facilities or equipment (including contractual obligations to purchase such facilities or equipment) at the premises where such equipment will be used, including preparation work at such premises. **(b) Categories of sources; Federal standards of performance for new sources** (1) (A) The Administrator shall, within ninety days after October 18, 1972, publish (and from time to time thereafter shall revise) a list of categories of sources, which shall, at the minimum, include:pulp and paper mills; paperboard, builders paper and board mills; meat product and rendering processing; dairy product processing; grain mills; canned and preserved fruits and vegetables processing; canned and

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 421 — Deposit of refuse, etc., in Lake Michigan near Chicago

It shall not be lawful to throw, discharge, dump, or deposit, or cause, suffer, or procure, to be thrown, discharged, dumped, or deposited, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liquid state into Lake Michigan, at any point opposite or in front of the county of Cook, in the State of Illinois, or the county of Lake in the State of Indiana, within eight miles from the shore of said lake, unless said material shall be placed inside of a breakwater so arranged as not to permit the escape of such refuse material into the body of the lake and cause contamination thereof; and no officer of the Government shall dump or cause or authorize to be dumped any material contrary to the provisions of this section: Provided, however, That the provisions of this section shall not apply to work in connection with the construction, repair, and protection of breakwaters and other structures built in aid of navigation, or for the purpose of obtaining water supply. Any person violating any provision of this section shall be guilty of a misdemeanor, and on conviction thereof shall be fined for each offense not exceeding $1,000.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4321 — Repealed. Pub. L. 117–58, div. G, title VIII, § 70801(h), Nov. 15, 2021, 135 Stat. 1294

### Statutory Notes Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1344 — Permits for dredged or fill material

**(a) Discharge into navigable waters at specified disposal sites** The Secretary may issue permits, after notice and opportunity for public hearings for the discharge of dredged or fill material into the navigable waters at specified disposal sites. Not later than the fifteenth day after the date an applicant submits all the information required to complete an application for a permit under this subsection, the Secretary shall publish the notice required by this subsection. **(b) Specification for disposal sites** Subject to subsection (c) of this section, each such disposal site shall be specified for each such permit by the Secretary (1) through the application of guidelines developed by the Administrator, in conjunction with the Secretary, which guidelines shall be based upon criteria comparable to the criteria applicable to the territorial seas, the contiguous zone, and the ocean under [section 1343(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1343/c&num=0&edition=prelim), and (2) in any case where such guidelines under clause (1) alone would prohibit the specification of a site, through the application additionally of the economic impact of the site on navigation and anchorage. **(c) Denial or restriction of use of defined areas as disposal sites** The Administrator is authorized to prohibit the specification (including the withdrawal of specification) of any defined area as a disposal site, and he is authorized to deny or restrict the use of any defined area for specification (including the withdrawal of specification) as a disposal site, whenever he determines, after notice and opportunity for public hearings, that the discharge of such materials into such area will have an unacceptable adverse effect on municip

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 403 — Obstruction of navigable waters generally; wharves; piers, etc.; excavations and filling in

The creation of any obstruction not affirmatively authorized by Congress, to the navigable capacity of any of the waters of the United States is prohibited; and it shall not be lawful to build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, or other structures in any port, roadstead, haven, harbor, canal, navigable river, or other water of the United States, outside established harbor lines, or where no harbor lines have been established, except on plans recommended by the Chief of Engineers and authorized by the Secretary of the Army; and it shall not be lawful to excavate or fill, or in any manner to alter or modify the course, location, condition, or capacity of, any port, roadstead, haven, harbor, canal, lake, harbor of refuge, or inclosure within the limits of any breakwater, or of the channel of any navigable water of the United States, unless the work has been recommended by the Chief of Engineers and authorized by the Secretary of the Army prior to beginning the same.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 686 — Construction of restraining works in conjunction with State

The Secretary of the Army, in expending appropriations in the preparation for and construction of works for the restraining or impounding of mining debris in the State of California, is authorized to enter into an agreement that the contractor shall look solely to the State of California for one-half of such expense, to be paid out of said State’s appropriation, and the United States shall in nowise be liable for said one-half.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1341 — Certification

**(a) Compliance with applicable requirements; application; procedures; license suspension** (1) Any applicant for a Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters, shall provide the licensing or permitting agency a certification from the State in which the discharge originates or will originate, or, if appropriate, from the interstate water pollution control agency having jurisdiction over the navigable waters at the point where the discharge originates or will originate, that any such discharge will comply with the applicable provisions of sections 1311, 1312, 1313, 1316, and 1317 of this title. In the case of any such activity for which there is not an applicable effluent limitation or other limitation under sections 1311(b) and 1312 of this title, and there is not an applicable standard under sections 1316 and 1317 of this title, the State shall so certify, except that any such certification shall not be deemed to satisfy [section 1371(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1371/c&num=0&edition=prelim). Such State or interstate agency shall establish procedures for public notice in the case of all applications for certification by it and, to the extent it deems appropriate, procedures for public hearings in connection with specific applications. In any case where a State or interstate agency has no authority to give such a certification, such certification shall be from the Administrator. If the State, interstate agency, or Administrator, as the case may be, fails or refuses to act on a request for certification, within a reasonable period of time (which shall not exceed one

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1342 — National pollutant discharge elimination system

**(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 [section 1311(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1311/a&num=0&edition=prelim), 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 [section 407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section407&num=0&edition=prelim) shall be deemed to be permits issued under this subchapter, and permits issued under this subchapter shall be deemed to be permits issued under [section 407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section407&num=0&edition=prelim), and sh

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1281 — Congressional declaration of purpose

**(a) Development and implementation of waste treatment management plans and practices** It is the purpose of this subchapter to require and to assist the development and implementation of waste treatment management plans and practices which will achieve the goals of this chapter. **(b) Application of technology: confined disposal of pollutants; consideration of advanced techniques** Waste treatment management plans and practices shall provide for the application of the best practicable waste treatment technology before any discharge into receiving waters, including reclaiming and recycling of water, and confined disposal of pollutants so they will not migrate to cause water or other environmental pollution and shall provide for consideration of advanced waste treatment techniques. **(c) Waste treatment management area and scope** To the extent practicable, waste treatment management shall be on an areawide basis and provide control or treatment of all point and nonpoint sources of pollution, including in place or accumulated pollution sources. **(d) Waste treatment management construction of revenue producing facilities** The Administrator shall encourage waste treatment management which results in the construction of revenue producing facilities providing for— (1) the recycling of potential sewage pollutants through the production of agriculture, silviculture, or aquaculture products, or any combination thereof; (2) the confined and contained disposal of pollutants not recycled; (3) the reclamation of wastewater; and (4) the ultimate disposal of sludge in a manner that will not result in environmental hazards. **(e) Waste treatment management integration of facilities** The Administrator shall encourage waste treatment management which results in integrating f

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1371 — Authority under other laws and regula-

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

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