Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 525 - EFFLUENT GUIDELINES AND STANDARDS › Sec2 096-525-4 - General Provisions [see 40 CFR part 401] › Subsection 096-525-4-III - Law authorizing establishment of effluent limitations guidelines for existing sources, standards of performance for new sources and pretreatment standards of new and existing sources [see 40 CFR 401.12]

Current through 2024-29, July 17, 2024
(a) Section 301(a) of the Act provides that
				  ``except as in compliance with this section and sections 302, 306, 307, 318,
				  402 and 404 of this Act, the discharge of any pollutant by any person shall be
				  unlawful.''
(b) Section 301(b) of
				  the Act requires the achievement by not later than July 1, 1977, of effluent
				  limitations for point sources, other than publicly owned treatment works, which
				  require the application of the best practicable control technology currently
				  available as determined by the Administrator pursuant to section 304(b)(1) of
				  the Act. Section 301(b) also requires the achievement by not later than July 1,
				  1983, of effluent limitations for point sources, other than publicly owned
				  treatment works, which require the application of the best available technology
				  economically achievable which will result in reasonable further progress toward
				  the national goal of eliminating the discharge of all pollutants, as determined
				  in accordance with regulations issued by the Administrator pursuant to section
				  304(b)(2) of the Act.
(c) Section
				  304(b) of the Act requires the Administrator to publish regulations providing
				  guidelines for effluent limitations setting forth the degree of effluent
				  reduction attainable through the application of the best practicable control
				  technology currently available and the degree of effluent reduction attainable
				  through the application of the best control measures and practices achievable
				  including treatment techniques, process and procedure innovations, operating
				  methods and other alternatives.
(d)
				  Section 304(c) of the Act requires the Administrator, after consultation with
				  appropriate Federal and State agencies and other interested persons to issue
				  information on the process, procedures, or operating methods which result in
				  the elimination or reduction of the discharge of pollutants to implement
				  standards of performance under section 306 of the Act.
(e) Section 306(b)(1)(B) of the Act requires
				  the Administrator, after a category of sources is included in a list published
				  pursuant to section 306(b)(1)(A) of the Act, to propose regulations
				  establishing Federal standards of performances for new sources within such
				  category. Standards of performance are to provide for the control of the
				  discharge of pollutants which reflect the greatest degree of effluent reduction
				  which the Administrator determines to be achievable through application of the
				  best available demonstrated control technology, processes, operating methods,
				  or other alternatives, including, where practicable, a standard permitting no
				  discharge of pollutants.
(f)
				  Section 307(b) provides that the Administrator shall establish pretreatment
				  standards which shall prevent the discharge of any pollutant into publicly
				  owned treatment works which pollutant interferes with, passes through
				  untreated, or otherwise is incompatible with such works.
(g) Section 307(c) of the Act provides that
				  the Administrator shall promulgate pretreatment standards for sources which
				  would be ``new sources'' under section 306 (if they were to discharge
				  pollutants directly to navigable waters) at the same time standards of
				  performance for the equivalent category of new sources are
				  promulgated.
(h) Section 316(b) of
				  the Act provides that any standard established pursuant to section 301 or
				  section 306 of the Act 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.
(i) Section 402(a)(1) of
				  the Act provides that the Administrator may issue permits for the discharge of
				  any pollutant upon condition that such discharge will meet all applicable
				  requirements under sections 301,302, 306, 307, 308 and 403 of this Act. In
				  addition, section 402(b)(1)(A) of the Act requires that permits issued by
				  States under the National Pollutant Discharge Elimination System (NPDES)
				  established by the Act must apply, and insure compliance with any applicable
				  requirements of sections 301, 302, 306, 307 and 403 of the Act.