33 USC 1341 Navigation and Navigable Waters

§ 1341

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

Page 516

tion 1254(n)(4)’’, was repealed by Pub. L. 107–303. See Effective Date of 2002 Amendment note below.
1988—Subsec. (a)(2)(B). Pub. L. 100–653, § 1004, and Pub.
L. 100–688, § 2001(1), made identical amendments, inserting ‘‘Massachusetts Bay, Massachusetts (including
Cape Cod Bay and Boston Harbor);’’ after ‘‘Buzzards
Bay, Massachusetts;’’.
Pub. L. 100–688, § 2001(2), substituted ‘‘California; Galveston’’ for ‘‘California; and Galveston’’.
Pub. L. 100–688, § 2001(3), which directed insertion of
‘‘; Barataria-Terrebonne Bay estuary complex, Louisiana; Indian River Lagoon, Florida; and Peconic Bay,
New York’’ after ‘‘Galveston Bay, Texas;’’ was executed
by making insertion after ‘‘Galveston Bay, Texas’’ as
probable intent of Congress.
1987—Subsec. (a)(2)(B). Pub. L. 100–202 inserted
‘‘Santa Monica Bay, California;’’.

‘‘(b) PURPOSE.—The purpose of this title is to protect
and enhance the environmental quality of Massachusetts Bay by providing for its designation as an Estuary
of National Significance and by providing for the preparation of a comprehensive restoration plan for the
Bay.

EFFECTIVE DATE OF 2002 AMENDMENT

PURPOSES AND POLICIES OF NATIONAL ESTUARY
PROGRAM

Amendment by Pub. L. 107–303 effective Nov. 10, 1998,
and Federal Water Pollution Act (33 U.S.C. 1251 et seq.)
to be applied and administered on and after Nov. 27,
2002, as if amendments made by section 501(a)–(d) of
Pub. L. 105–362 had not been enacted, see section 302(b)
of Pub. L. 107–303, set out as a note under section 1254
of this title.
MASSACHUSETTS BAY PROTECTION; DEFINITION;
FINDINGS AND PURPOSE; FUNDING SOURCES
Pub. L. 100–653, title X, §§ 1002, 1003, 1005, Nov. 14, 1988,
102 Stat. 3835, 3836, provided that:
‘‘SEC. 1002. DEFINITION.
‘‘For purposes of this title [amending section 1330 of
this title and enacting provisions set out as notes
under sections 1251 and 1330 of this title], the term
‘Massachusetts Bay’ includes Massachusetts Bay, Cape
Cod Bay, and Boston Harbor, consisting of an area extending from Cape Ann, Massachusetts south to the
northern reach of Cape Cod, Massachusetts.
‘‘SEC. 1003. FINDINGS AND PURPOSE.
‘‘(a) FINDINGS.—The Congress finds and declares
that—
‘‘(1) Massachusetts Bay comprises a single major
estuarine and oceanographic system extending from
Cape Ann, Massachusetts south to the northern
reaches of Cape Cod, encompassing Boston Harbor,
Massachusetts Bay, and Cape Cod Bay;
‘‘(2) several major riverine systems, including the
Charles, Neponset, and Mystic Rivers, drain the watersheds of eastern Massachusetts into the Bay;
‘‘(3) the shorelines of Massachusetts Bay, first occupied in the middle 1600’s, are home to over 4 million
people and support a thriving industrial and recreational economy;
‘‘(4) Massachusetts Bay supports important commercial fisheries, including lobsters, finfish, and
shellfisheries, and is home to or frequented by several
endangered species and marine mammals;
‘‘(5) Massachusetts Bay also constitutes an important recreational resource, providing fishing, swimming, and boating opportunities to the region;
‘‘(6) rapidly expanding coastal populations and pollution pose increasing threats to the long-term
health and integrity of Massachusetts Bay;
‘‘(7) while the cleanup of Boston Harbor will contribute significantly to improving the overall environmental quality of Massachusetts Bay, expanded
efforts encompassing the entire ecosystem will be
necessary to ensure its long-term health;
‘‘(8) the concerted efforts of all levels of Government, the private sector, and the public at large will
be necessary to protect and enhance the environmental integrity of Massachusetts Bay; and
‘‘(9) the designation of Massachusetts Bay as an Estuary of National Significance and the development
of a comprehensive plan for protecting and restoring
the Bay may contribute significantly to its long-term
health and environmental integrity.

‘‘SEC. 1005. FUNDING SOURCES.
‘‘Within one year of enactment [Nov. 14, 1988], the Administrator of the United States Environmental Protection Agency and the Governor of Massachusetts
shall undertake to identify and make available sources
of funding to support activities pertaining to Massachusetts Bay undertaken pursuant to or authorized by
section 320 of the Clean Water Act [33 U.S.C. 1330], and
shall make every effort to coordinate existing research,
monitoring or control efforts with such activities.’’

Pub. L. 100–4, title III, § 317(a), Feb. 4, 1987, 101 Stat.
61, provided that:
‘‘(1) FINDINGS.—Congress finds and declares that—
‘‘(A) the Nation’s estuaries are of great importance
for fish and wildlife resources and recreation and economic opportunity;
‘‘(B) maintaining the health and ecological integrity of these estuaries is in the national interest;
‘‘(C) increasing coastal population, development,
and other direct and indirect uses of these estuaries
threaten their health and ecological integrity;
‘‘(D) long-term planning and management will contribute to the continued productivity of these areas,
and will maximize their utility to the Nation; and
‘‘(E) better coordination among Federal and State
programs affecting estuaries will increase the effectiveness and efficiency of the national effort to protect, preserve, and restore these areas.
‘‘(2) PURPOSES.—The purposes of this section [enacting this section] are to—
‘‘(A) identify nationally significant estuaries that
are threatened by pollution, development, or overuse;
‘‘(B) promote comprehensive planning for, and conservation and management of, nationally significant
estuaries;
‘‘(C) encourage the preparation of management
plans for estuaries of national significance; and
‘‘(D) enhance the coordination of estuarine research.’’

SUBCHAPTER IV—PERMITS AND LICENSES
§ 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.

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

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 year) after receipt of such request, the
certification requirements of this subsection
shall be waived with respect to such Federal application. No license or permit shall be granted
until the certification required by this section
has been obtained or has been waived as provided in the preceding sentence. No license or
permit shall be granted if certification has been
denied by the State, interstate agency, or the
Administrator, as the case may be.
(2) Upon receipt of such application and certification the licensing or permitting agency
shall immediately notify the Administrator of
such application and certification. Whenever
such a discharge may affect, as determined by
the Administrator, the quality of the waters of
any other State, the Administrator within thirty days of the date of notice of application for
such Federal license or permit shall so notify
such other State, the licensing or permitting
agency, and the applicant. If, within sixty days
after receipt of such notification, such other
State determines that such discharge will affect
the quality of its waters so as to violate any
water quality requirements in such State, and
within such sixty-day period notifies the Administrator and the licensing or permitting agency
in writing of its objection to the issuance of
such license or permit and requests a public
hearing on such objection, the licensing or permitting agency shall hold such a hearing. The
Administrator shall at such hearing submit his
evaluation and recommendations with respect
to any such objection to the licensing or permitting agency. Such agency, based upon the recommendations of such State, the Administrator,
and upon any additional evidence, if any, presented to the agency at the hearing, shall condition such license or permit in such manner as
may be necessary to insure compliance with applicable water quality requirements. If the imposition of conditions cannot insure such compliance such agency shall not issue such license
or permit.
(3) The certification obtained pursuant to
paragraph (1) of this subsection with respect to
the construction of any facility shall fulfill the
requirements of this subsection with respect to
certification in connection with any other Federal license or permit required for the operation
of such facility unless, after notice to the certifying State, agency, or Administrator, as the
case may be, which shall be given by the Federal
agency to whom application is made for such operating license or permit, the State, or if appropriate, the interstate agency or the Administrator, notifies such agency within sixty days
after receipt of such notice that there is no
longer reasonable assurance that there will be

§ 1341

compliance with the applicable provisions of
sections 1311, 1312, 1313, 1316, and 1317 of this
title because of changes since the construction
license or permit certification was issued in (A)
the construction or operation of the facility, (B)
the characteristics of the waters into which
such discharge is made, (C) the water quality
criteria applicable to such waters or (D) applicable effluent limitations or other requirements.
This paragraph shall be inapplicable in any case
where the applicant for such operating license
or permit has failed to provide the certifying
State, or, if appropriate, the interstate agency
or the Administrator, with notice of any proposed changes in the construction or operation
of the facility with respect to which a construction license or permit has been granted, which
changes may result in violation of section 1311,
1312, 1313, 1316, or 1317 of this title.
(4) Prior to the initial operation of any federally licensed or permitted facility or activity
which may result in any discharge into the navigable waters and with respect to which a certification has been obtained pursuant to paragraph
(1) of this subsection, which facility or activity
is not subject to a Federal operating license or
permit, the licensee or permittee shall provide
an opportunity for such certifying State, or, if
appropriate, the interstate agency or the Administrator to review the manner in which the
facility or activity shall be operated or conducted for the purposes of assuring that applicable effluent limitations or other limitations or
other applicable water quality requirements will
not be violated. Upon notification by the certifying State, or if appropriate, the interstate
agency or the Administrator that the operation
of any such federally licensed or permitted facility or activity will violate applicable effluent
limitations or other limitations or other water
quality requirements such Federal agency may,
after public hearing, suspend such license or permit. If such license or permit is suspended, it
shall remain suspended until notification is received from the certifying State, agency, or Administrator, as the case may be, that there is
reasonable assurance that such facility or activity will not violate the applicable provisions of
section 1311, 1312, 1313, 1316, or 1317 of this title.
(5) Any Federal license or permit with respect
to which a certification has been obtained under
paragraph (1) of this subsection may be suspended or revoked by the Federal agency issuing
such license or permit upon the entering of a
judgment under this chapter that such facility
or activity has been operated in violation of the
applicable provisions of section 1311, 1312, 1313,
1316, or 1317 of this title.
(6) Except with respect to a permit issued
under section 1342 of this title, in any case
where actual construction of a facility has been
lawfully commenced prior to April 3, 1970, no
certification shall be required under this subsection for a license or permit issued after April
3, 1970, to operate such facility, except that any
such license or permit issued without certification shall terminate April 3, 1973, unless prior
to such termination date the person having such
license or permit submits to the Federal agency
which issued such license or permit a certification and otherwise meets the requirements of
this section.

§ 1342

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

(b) Compliance with other provisions of law setting applicable water quality requirements
Nothing in this section shall be construed to
limit the authority of any department or agency
pursuant to any other provision of law to require compliance with any applicable water
quality requirements. The Administrator shall,
upon the request of any Federal department or
agency, or State or interstate agency, or applicant, provide, for the purpose of this section,
any relevant information on applicable effluent
limitations, or other limitations, standards, regulations, or requirements, or water quality criteria, and shall, when requested by any such department or agency or State or interstate agency, or applicant, comment on any methods to
comply with such limitations, standards, regulations, requirements, or criteria.
(c) Authority of Secretary of the Army to permit
use of spoil disposal areas by Federal licensees or permittees
In order to implement the provisions of this
section, the Secretary of the Army, acting
through the Chief of Engineers, is authorized, if
he deems it to be in the public interest, to permit the use of spoil disposal areas under his jurisdiction by Federal licensees or permittees,
and to make an appropriate charge for such use.
Moneys received from such licensees or permittees shall be deposited in the Treasury as miscellaneous receipts.
(d) Limitations and monitoring requirements of
certification
Any certification provided under this section
shall set forth any effluent limitations and
other limitations, and monitoring requirements
necessary to assure that any applicant for a
Federal license or permit will comply with any
applicable effluent limitations and other limitations, under section 1311 or 1312 of this title,
standard of performance under section 1316 of
this title, or prohibition, effluent standard, or
pretreatment standard under section 1317 of this
title, and with any other appropriate requirement of State law set forth in such certification,
and shall become a condition on any Federal license or permit subject to the provisions of this
section.
(June 30, 1948, ch. 758, title IV, § 401, as added
Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 877;
amended Pub. L. 95–217, §§ 61(b), 64, Dec. 27, 1977,
91 Stat. 1598, 1599.)
AMENDMENTS
1977—Subsec. (a). Pub. L. 95–217 inserted reference to
section 1313 of this title in pars. (1), (3), (4), and (5),
struck out par. (6) which provided that no Federal
agency be deemed an applicant for purposes of this subsection, and redesignated par. (7) as (6).

§ 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, upon condition that such discharge

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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 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, 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 section 407 of
this title after October 18, 1972. Each application
for a permit under section 407 of this title, pending on October 18, 1972, 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 October 18, 1972, and ends either on the
ninetieth day after the date of the first promulgation of guidelines required by section 1314(i)(2)
of this title, 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 section 1314 of this title, 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