- United States Code
- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
- CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
- SUBCHAPTER III - STANDARDS AND ENFORCEMENT
Sec. 1326. Thermal discharges
- (a)
Effluent limitations that will assure protection and
propagation of balanced, indigenous population of shellfish,
fish, and wildlife
With respect to any point source otherwise subject to the
provisions of section 1311 of this title or section 1316 of this
title, whenever the owner or operator of any such source, after
opportunity for public hearing, can demonstrate to the satisfaction
of the Administrator (or, if appropriate, the State) that any
effluent limitation proposed for the control of the thermal
component of any discharge from such source will require effluent
limitations more stringent than necessary to assure the projection
and propagation of a balanced, indigenous population of shellfish,
fish, and wildlife in and on the body of water into which the
discharge is to be made, the Administrator (or, if appropriate, the
State) may impose an effluent limitation under such sections for
such plant, with respect to the thermal component of such discharge
(taking into account the interaction of such thermal component with
other pollutants), that will assure the protection and propagation
of a balanced, indigenous population of shellfish, fish, and
wildlife in and on that body of water.
- (b)
Cooling water intake structures
Any standard established pursuant to section 1311 of this title
or section 1316 of this title and applicable to a point source
shall require that the location, design, construction, and capacity
of cooling water intake structures reflect the best technology
available for minimizing adverse environmental impact.
- (c)
Period of protection from more stringent effluent limitations
following discharge point source modification commenced after
October 18, 1972
Notwithstanding any other provision of this chapter, any point
source of a discharge having a thermal component, the modification
of which point source is commenced after October 18, 1972, and
which, as modified, meets effluent limitations established under
section 1311 of this title or, if more stringent, effluent
limitations established under section 1313 of this title and which
effluent limitations will assure protection and propagation of a
balanced, indigenous population of shellfish, fish, and wildlife in
or on the water into which the discharge is made, shall not be
subject to any more stringent effluent limitation with respect to
the thermal component of its discharge during a ten year period
beginning on the date of completion of such modification or during
the period of depreciation or amortization of such facility for the
purpose of section 167 or 169 (or both) of title 26, whichever
period ends first.
[Notes]
