---

• United States Code
  • TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    • CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
      • SUBCHAPTER III - STANDARDS AND ENFORCEMENT

---

Sec. 1312. Water quality related effluent limitations

• (a) Establishment
  Whenever, in the judgment of the Administrator or as identified under section 1314(l) of this title, discharges of pollutants from a point source or group of point sources, with the application of effluent limitations required under section 1311(b)(2) of this title, would interfere with the attainment or maintenance of that water quality in a specific portion of the navigable waters which shall assure protection of public health, public water supplies, agricultural and industrial uses, and the protection and propagation of a balanced population of shellfish, fish and wildlife, and allow recreational activities in and on the water, effluent limitations (including alternative effluent control strategies) for such point source or sources shall be established which can reasonably be expected to contribute to the attainment or maintenance of such water quality.

• (b) Modifications of effluent limitations
  • (1) Notice and hearing
    Prior to establishment of any effluent limitation pursuant to
    subsection (a) of this section, the Administrator shall publish
    such proposed limitation and within 90 days of such publication
    hold a public hearing.
  • (2) Permits
    • (A) No reasonable relationship
      The Administrator, with the concurrence of the State, may
      issue a permit which modifies the effluent limitations required
      by subsection (a) of this section for pollutants other than
      toxic pollutants if the applicant demonstrates at such hearing
      that (whether or not technology or other alternative control
      strategies are available) there is no reasonable relationship
      between the economic and social costs and the benefits to be
      obtained (including attainment of the objective of this
      chapter) from achieving such limitation.
    • (B) Reasonable progress
      The Administrator, with the concurrence of the State, may
      issue a permit which modifies the effluent limitations required
      by subsection (a) of this section for toxic pollutants for a
      single period not to exceed 5 years if the applicant
      demonstrates to the satisfaction of the Administrator that such
      modified requirements (i) will represent the maximum degree of
      control within the economic capability of the owner and
      operator of the source, and (ii) will result in reasonable
      further progress beyond the requirements of section 1311(b)(2)
      of this title toward the requirements of subsection (a) of this
      section.

• (c) Delay in application of other limitations
  The establishment of effluent limitations under this section shall not operate to delay the application of any effluent limitation established under section 1311 of this title.

---

[Notes]