40 CFR § 123.25 - Requirements for permitting.
(a) All State Programs under this part must have legal authority to implement each of the following provisions and must be administered in conformance with each, except that States are not precluded from omitting or modifying any provisions to impose more stringent requirements:
(1)§ 122.4 - (Prohibitions):
(2)§ 122.5(a) and (b) - (Effect of permit);
(3)§ 122.7(b) and (c) - (Confidential information);
(5)§ 122.22 - (Signatories);
(6)§ 122.23 - (Concentrated animal feeding operations);
(7)§ 122.24 - (Concentrated aquatic animal production facilities);
(8)§ 122.25 - (Aquaculture projects);
(9)§ 122.26 - (Storm water discharges);
(10)§ 122.27 - (Silviculture);
(13)§ 122.42 - (Conditions applicable to specified categories of permits);
(17)§ 122.46 - (Duration);
(18)§ 122.47(a) - (Schedules of compliance);
(19)§ 122.48 - (Monitoring requirements);
(20)§ 122.50 - (Disposal into wells);
(21)§ 122.61 - (Permit transfer);
(22)§ 122.62 - (Permit modification);
(23)§ 122.64 - (Permit termination);
(24)§ 124.3(a) - (Application for a permit);
(27)§ 124.8 - (Fact sheets);
(29)§ 124.11 - (Public comments and requests for hearings);
(30)§ 124.12(a) - (Public hearings); and
(32)§ 124.56 - (Fact sheets);
(33)§ 124.57(a) - (Public notice);
(34)§ 124.59 - (Comments from government agencies);
(35)§ 124.62 - (Decision on variances);
(36) Subparts A, B, D, H, I, J, and N of part 125 of this chapter;
(39)§ 122.30 (What are the objectives of the storm water regulations for small MS4s?);
(40)§ 122.31 (For Indian Tribes only) (As a Tribe, what is my role under the NPDES storm water program?);
Except for paragraph (a)(46) of this section, States need not implement provisions identical to the above listed provisions. Implemented provisions must, however, establish requirements at least as stringent as the corresponding listed provisions. While States may impose more stringent requirements, they may not make one requirement more lenient as a tradeoff for making another requirement more stringent; for example, by requiring that public hearings be held prior to issuing any permit while reducing the amount of advance notice of such a hearing.
State programs may, if they have adequate legal authority, implement any of the provisions of parts 122 and 124. See, for example, §§ 122.5(d) (continuation of permits) and 124.4 (consolidation of permit processing) of this chapter.
(c)State NPDES programs shall ensure that any board or body which approves all or portions of permits shall not include as a member any person who receives, or has during the previous 2 years received, a significant portion of income directly or indirectly from permit holders or applicants for a permit.
(1) For the purposes of this paragraph:
(i)Board or body includes any individual, including the Director, who has or shares authority to approve all or portions of permits either in the first instance, as modified or reissued, or on appeal.
(ii)Significant portion of income means 10 percent or more of gross personal income for a calendar year, except that it means 50 percent or more of gross personal income for a calendar year if the recipient is over 60 years of age and is receiving that portion under retirement, pension, or similar arrangement.
(iii)Permit holders or applicants for a permit does not include any department or agency of a State government, such as a Department of Parks or a Department of Fish and Wildlife.
(iv)Income includes retirement benefits, consultant fees, and stock dividends.
(2) For the purposes of paragraph (c) of this section, income is not received “directly or indirectly from permit holders or applicants for a permit” when it is derived from mutual fund payments, or from other diversified investments for which the recipient does not know the identity of the primary sources of income.