33 U.S.C. § 1328

Aquaculture

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(a) Authority to permit discharge of specific pollutants

The Administrator is authorized, after public hearings, to permit the discharge of a specific pollutant or pollutants under controlled conditions associated with an approved aquaculture project under Federal or State supervision pursuant to section 1342 of this title.

(b) Procedures and guidelines

The Administrator shall by regulation establish any procedures and guidelines which the Administrator deems necessary to carry out this section. Such regulations shall require the application to such discharge of each criterion, factor, procedure, and requirement applicable to a permit issued under section 1342 of this title, as the Administrator determines necessary to carry out the objective of this chapter.

Each State desiring to administer its own permit program within its jurisdiction for discharge of a specific pollutant or pollutants under controlled conditions associated with an approved aquaculture project may do so if upon submission of such program the Administrator determines such program is adequate to carry out the objective of this chapter.

(June 30, 1948, ch. 758, title III, § 318, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 877; amended Pub. L. 95–217, § 63, Dec. 27, 1977, 91 Stat. 1599.)Editorial NotesAmendments

1977—Subsec. (a). Pub. L. 95–217 inserted “pursuant to section 1342 of this title” after “Federal or State supervision”.

Subsec. (b). Pub. L. 95–217 struck out “, not later than January 1, 1974,” after “The Administrator shall by regulation” in existing provisions and inserted provisions that the regulations require the application to the discharge of each criterion, factor, procedure, and requirement applicable to a permit issued under section 1342 of this title, as the Administrator determines necessary to carry out the objectives of this chapter.

Subsec. (c). Pub. L. 95–217 added subsec. (c).

Notes of Decisions

Cited in 10 cases, 1975–2020 · leading case: Dep't of Fin. v. Comm'n on State Mandates, 378 P.3d 356 (Cal. 2016).

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Dep't of Fin. v. Comm'n on State Mandates, 378 P.3d 356 (Cal. 2016). · cites it 2× “) The CWA prohibits pollutant discharges unless they comply with: (1) a permit (see 33 U.S.C. §§ 1328 , 1342, 1344); (2) established effluent limitations or standards (see 33 U.”

Nat. Resources Def. Council, Inc. v. Costle, 568 F.2d 1369 (D.C. Cir. 1977). “By virtue of § 318, 33 U.S.C. § 1328 (Supp. V 1975), the Administrator may “permit the discharge of a specific pollutant or pollutants under controlled conditions associated with an approved aquaculture project under Federal or State supervision.”

Gulf Restoration Network, Inc. v. Nat'l Marine Fisheries, Serv., 730 F. Supp. 2d 157 (D.D.C. 2010). “Under the Clean Water Act, 33 U.S.C. § 1328 , the EPA has the authority to grant or deny discharge permits for aquaculture operations.”

Dep't of Fin. v. Comm'n on State Mandates, 226 Cal. Rptr. 3d 846 (Cal. Ct. App. 5th 2017). “) The CWA prohibits pollutant discharges unless they comply with (1) a permit (see 33 U.S.C. §§ 1328 , 1342, 1344 ); (2) established effluent limitations or standards (see 33 U.”

Conant v. United States, 12 Cl. Ct. 689 (Ct. Cl. 1987). “See 33 U.S.C. § 1328 (1982); 40 C.F.R. § 122.”

Kentuckians for the Commonwealth, Inc. v. Rivenburgh, 204 F. Supp. 2d 927 (S.D.W. Va 2002). “" 33 U.S.C. § 1328 (a). These three programs are the exclusive permitting programs.”

State of Minnesota, Spannaus v. Callaway, 401 F. Supp. 524 (D. Minnesota 1975). “” 33 U.S.C.A. § 1328 (a). Second, the Administrator and the Secretary of the Army may provide for and regulate the discharge of dredged or fill material into navigable waters.”

Dept. of Fin. v. Comm'n on State Mandates (Cal. Ct. App. 2017). “) The CWA prohibits pollutant discharges unless they comply with (1) a permit (see 33 U.S.C. §§ 1328 , 1342, 1344); (2) established effluent limitations or standards (see 33 U.”

Gulf Fishermens Ass'n v. Nat'l Mar (5th Cir. 2020). “816 , 877 (1972), codified at 33 U.S.C. § 1328 (a). Subsequently, in 1992 25 See 809 F.”

Gulf Restoration Network, Inc. v. Nat'l Marine Fisheries Serv. (D.D.C. 2010). “Under the Clean Water Act, 33 U.S.C. § 1328 , the EPA has the authority to grant or deny discharge permits for aquaculture operations.”

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