40 C.F.R. § 122.48

Requirements for recording and reporting of monitoring results (applicable to State programs, see § 123.25)

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

All permits shall specify:

(a) Requirements concerning the proper use, maintenance, and installation, when appropriate, of monitoring equipment or methods (including biological monitoring methods when appropriate);

(b) Required monitoring including type, intervals, and frequency sufficient to yield data which are representative of the monitored activity including, when appropriate, continuous monitoring;

(c) Applicable reporting requirements based upon the impact of the regulated activity and as specified in 40 CFR part 3 (Cross-Media Electronic Reporting Regulation), § 122.44, and 40 CFR part 127 (NPDES Electronic Reporting). Reporting shall be no less frequent than specified in § 122.44. EPA will maintain the start dates for the electronic reporting of monitoring results for each state on its Web site.

[48 FR 14153, Apr. 1, 1983; 50 FR 6940, Feb. 19, 1985; 80 FR 64098, Oct. 22, 2015]

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 1993–2021 · leading case: Maryland Department of Environment v. Anacostia Riverkeeper

Sort: Relevance Newest Treatment

Maryland Department of Environment v. Anacostia Riverkeeper (2016) md · cites it 5× “Under 40 C.F.R. § 122.48 (b), “[ajll permits shall specify [Required monitoring including type, intervals, and frequency sufficient to yield data which are representative of the monitored activity including, when appropriate, continuous monitoring.”

Coastal Environmental Rights Found. v. Cal. Reg'l Water Quality Control Bd. (2017) calctapp5d · cites it 2× “" ( 40 C.F.R. § 122.48 (b).) The permitting agency "has wide discretion and authority to determine monitoring requirements in NPDES permits.”

Natural Resources Defense Council, Inc. v. County of Los Angeles (2013) ca9 “” 40 C.F.R. § 122.48 (b) (emphasis added). In fact, EPA regulations require permittees, like the County Defendants here, to propose a “monitoring program for representative data collection for the term of the permit that describes the location of outfalls or field screening…”

Food & Water Watch, Inc. v. Usepa (2021) ca9 · cites it 2× “Under 40 C.F.R. § 122.48 (b), permits must specify “[r]equired monitoring including type, intervals, and frequency sufficient to yield data which are representative of the monitored activity including, when appropriate, continuous monitoring[.”

Del Ackels v. United States Environmental Protection Agency William K. Reilly (1993) ca9 “§ 1318 ; 40 C.F.R. § 122.48 . Petitioners contend that the Administrator erred by upholding the permits’ requirement that discharge be monitored for settleable solids once per day of discharge instead of once per day of sluicing.”

Maryland Department of the Environment v. Anacostia Riverkeeper (2015) mdctspecapp “” 40 C.F.R. § 122.48 (b), 122.44(i)(l). Under § 1342, a permit such as this is also subject to EPA regulations governing permit applications, 33 U.”

Coastal Environ. Rights v. Cal. Reg. Wat. Quality Control Bd. (2017) calctapp · cites it 2× “" ( 40 C.F.R. § 122.48 (b).) The permitting agency "has wide discretion and authority to determine monitoring requirements in NPDES permits.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.