Section 309.105 Authority to Deny NPDES Permits

Section 309

Section 309.105  Authority to

Deny NPDES Permits

An NPDES Permit must not be

issued if:

a)         The permit would authorize the discharge of a radiological,

chemical, or biological warfare agent or high-level radioactive waste;

b)         The discharge would, in the judgment of the Secretary of the

Army acting through the Chief of Engineers, result in the substantial

impairment of anchorage and navigation;

c)         The Administrator of the U.S. Environmental Protection Agency objects

in writing to the proposed permit under any right to object given to the

Administrator under Section 402(d) of the CWA;

d)         The permit would authorize a discharge from a point source that

conflicts with a plan approved under Section 208(b) of the CWA; or

e)         The applicant has not provided proof to the Agency that the

applicant will meet any schedule of compliance that may be established as a

condition of the permit under the Act and Board rules.