40 C.F.R. § 122.25

Aquaculture projects (applicable to State NPDES programs, see § 123.25)

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(a) Permit requirement. Discharges into aquaculture projects, as defined in this section, are subject to the NPDES permit program through section 318 of CWA, and in accordance with 40 CFR part 125, subpart B.

(b) Definitions. (1) Aquaculture project means a defined managed water area which uses discharges of pollutants into that designated area for the maintenance or production of harvestable freshwater, estuarine, or marine plants or animals.

(2) Designated project area means the portions of the waters of the United States within which the permittee or permit applicant plans to confine the cultivated species, using a method or plan or operation (including, but not limited to, physical confinement) which, on the basis of reliable scientific evidence, is expected to ensure that specific individual organisms comprising an aquaculture crop will enjoy increased growth attributable to the discharge of pollutants, and be harvested within a defined geographic area.

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 1983–2025 · leading case: Env't Def. Fund, Inc. v. Gorsuch, 713 F.2d 802 (D.C. Cir. 1983).

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Env't Def. Fund, Inc. v. Gorsuch, 713 F.2d 802 (D.C. Cir. 1983). · cites it 2× “See 40 C.F.R. § 122.25 (1982). Prior to the effectiveness of § 6924 standards, existing waste management facilities were only required to submit a Part A application.”

United States v. City of Fort Smith, Arkansas, 48 F.4th 900 (8th Cir. 2022). “-2- (“Conditions applicable to all permits”); 40 C.F.R. § 122.25 (a)(12) (making the § 122.”

Opinion No. (1983) (Mo. Att'y Gen. 1983). · cites it 46× “(See 40 CFR Part 264 , Subpart O, 40 CFR 122.25 (b)(5), and 40 CFR 122.27 (b)) Citation of Laws and Regulations 10 CSR 25-7.”

AIRW 2017-7, L.P.; 600 Westinghouse Investments, LLC; 800 Westinghouse Investments, LLC; Texas Comm'n on Env't Quality; & Jonah Water Special Util. Dist. v. City of Georgetown, Texas (Tex. App. 2025). “24; (C) discharges into aquaculture projects as set forth in 40 CFR § 122.25 ; (D) discharges from separate storm sewers as set forth in 40 CFR § 122.”

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