40 CFR 122.5 - Effect of a permit.

§ 122.5 Effect of a permit.

(a)Applicable to State programs, see § 123.25.

(1) Except for any toxic effluent standards and prohibitions imposed under section 307 of the CWA and “standards for sewage sludge use or disposal” under 405(d) of the CWA, compliance with a permit during its term constitutes compliance, for purposes of enforcement, with sections 301, 302, 306, 307, 318, 403, and 405 (a)-(b) of CWA. However, a permit may be modified, revoked and reissued, or terminated during its term for cause as set forth in §§ 122.62 and 122.64.

(2) Compliance with a permit condition which implements a particular “standard for sewage sludge use or disposal” shall be an affirmative defense in any enforcement action brought for a violation of that “standard for sewage sludge use or disposal” pursuant to sections 405(e) and 309 of the CWA.

(b)Applicable to State programs, See § 123.25. The issuance of a permit does not convey any property rights of any sort, or any exclusive privilege.

(c) The issuance of a permit does not authorize any injury to persons or property or invasion of other private rights, or any infringement of State or local law or regulations.

[ 48 FR 14153, Apr. 1, 1983, as amended at 54 FR 18782, May 2, 1989]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

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United States Code

Title 40 published on 10-May-2017 04:28

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 40 CFR Part 122 after this date.

  • 2017-03-06; vol. 82 # 42 - Monday, March 6, 2017
    1. 82 FR 12532 - Intention To Review and Rescind or Revise the Clean Water Rule
      GPO FDSys XML | Text
      ENVIRONMENTAL PROTECTION AGENCY, DEPARTMENT OF DEFENSE, Department of the Army, Corps of Engineers
      Notice of intent.
      March 6, 2017.
      33 CFR Part 328
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