(a) Permit requirement. Silvicultural point sources, as defined in this section, as point sources subject to the NPDES permit program.
(b) Definitions. (1) Silvicultural point source means any discernible, confined and discrete conveyance related to rock crushing, gravel washing, log sorting, or log storage facilities which are operated in connection with silvicultural activities and from which pollutants are discharged into waters of the United States. The term does not include non-point source silvicultural activities such as nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road construction and maintenance from which there is natural runoff. However, some of these activities (such as stream crossing for roads) may involve point source discharges of dredged or fill material which may require a CWA section 404 permit (See 33 CFR 209.120 and part 233).
(2) Rock crushing and gravel washing facilities means facilities which process crushed and broken stone, gravel, and riprap (See 40 CFR part 436, subpart B, including the effluent limitations guidelines).
(3) Log sorting and log storage facilities means facilities whose discharges result from the holding of unprocessed wood, for example, logs or roundwood with bark or after removal of bark held in self-contained bodies of water (mill ponds or log ponds) or stored on land where water is applied intentionally on the logs (wet decking). (See 40 CFR part 429, subpart I, including the effluent limitations guidelines).
Notes of Decisions
Decker v. Nw. Env't Def. Ctr., 133 S. Ct. 1326 (2013).
· cites it 8× “40 CFR §122.27 (b)(1). These discharges require NPDES permits unless some other federal statutory provision ex- empts them from coverage.”
Nw. Env't Def. Ctr. v. Brown, 640 F.3d 1063 (9th Cir. 2011).
· cites it 4× “The district court concluded that the discharges are exempted from the NPDES permitting process by the Silvicultural Rule, 40 C.F.R. § 122.27 , promulgated under the CWA to regulate discharges associated with silvicultural activity.”
Nw. Env't Def. Ctr. v. Brown, 617 F.3d 1176 (9th Cir. 2010).
· cites it 4× “The district court concluded that the discharges are exempted from the NPDES permitting process by the Silvicultural Rule, 40 C.F.R. § 122.27 , promulgated under the CWA to regulate discharges associated with silvicultural activity.”
North Carolina Shellfish Growers Ass'n v. Holly Ridge Assocs., LLC, 278 F. Supp. 2d 654 (E.D.N.C. 2003).
· cites it 3× “Although the ditches or other point sources discussed above are not listed as “silvacultural point sources” under EPA regulations, see 40 C.F.R. § 122.27 (b)(1), 7 ditches are specifically included in the CWA’s statutory definition of the term “point source.”
Env't Prot. Info. Ctr. v. Pac. Lumber Co., 469 F. Supp. 2d 803 (N.D. Cal. 2007).
· cites it 2× “On June 6, 2003 the court denied EPA’s motion to dismiss and denied PALCO’s motion to dismiss in part, concluding that EPIC could pursue a claim under the Administrative Procedures Act (“APA”) in this court and that EPIC’s claim was not time-barred.”
Env't Def. Ctr., Inc. v. United States Env't Prot. Agency, 344 F.3d 832 (9th Cir. 2003).
· cites it 4× “” 40 C.F.R. § 122.27 (b)(1). 41 EPA asserts that the exclusion applies to forest roads in general, not only to “construction” and “maintenance” — an assertion disputed by Petitioners — and that any challenge to the decision not to regulate forest roads should have been brought…”
Nw. Env't Def. Ctr. v. Brown, 476 F. Supp. 2d 1188 (D. Or. 2007).
· cites it 5× “Because the Ninth Circuit held that the silvicultural regulation, 40 C.F.R. § 122.27 , does not exempt point source discharges from the NPDES program, and since no other exclusions from the Phase I rule apply, NEDC argues that defendants must obtain NPDES permits for the point…”
Sierra Club v. Martin, 71 F. Supp. 2d 1268 (N.D. Ga. 1996).
· cites it 3× “” 40 C.F.R. § 122.27 . The regulations define “rock crushing and gravel washing facilities” as “facilities which process crushed and broken stone, gravel, and riprap.”
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