r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS wiki — defined terms
The statute’s own glossary: every term Title 33 defines, in section order.
“Patrick Leahy Lake Champlain Basin Program” applies in that section
The term “Patrick Leahy Lake Champlain Basin Program” means the coordinated efforts among the Federal Government, State governments, and local governments to implement the Plan. (2) Lake Champlain drainage basin
“Plan” applies in that section
The term “Plan” means the plan developed under subsection (e). (h) No effect on certain authority Nothing in this section— (1) affects the jurisdiction or powers of— (A) any department or agency of the Federal Government or any State government; or (B) any international organization or entity related to Lake Champlain created by treaty or memorandum to which the United States is a signatory; (2) provides new regulatory authority for the Environmental Protection Agency; or (3) affects section 304 of the Great Lakes Critical Programs Act of 1990 ( Public Law 101–596 ; 33 U.S.C. 1270 note).
“Basin” applies in that section
The term “Basin” means the Lake Pontchartrain Basin, a 10,000 square mile watershed encompassing 16 parishes in the State of Louisiana and 4 counties in the State of Mississippi. (2) Program
“program” applies in that section
The term “program” means the Lake Pontchartrain Basin Restoration Program established under subsection (a). (f) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2001 through 2012 and the amount appropriated for fiscal year 2009 for each of fiscal years 2013 through 2017. Such sums shall remain available until expended. (2) Public education projects Not more than 15 percent of the amount appropriated pursuant to paragraph (1) in a fiscal year may be expended on grants for public education projects under subsection (d)(2).
“Columbia River Basin” applies in that section
The term “Columbia River Basin” means the entire United States portion of the Columbia River watershed. (2) Estuary Partnership
“Estuary Partnership” applies in that section
The term “Estuary Partnership” means the Lower Columbia Estuary Partnership, an entity created by the States of Oregon and Washington and the Environmental Protection Agency under section 1330 of this title . (3) Estuary Plan (A) In general
“Estuary Plan” applies in that section
The term “Estuary Plan” means the Estuary Partnership Comprehensive Conservation and Management Plan adopted by the Environmental Protection Agency and the Governors of Oregon and Washington on October 20, 1999 , under section 1330 of this title . (B) Inclusion
“Lower Columbia River Estuary” applies in that section
The term “Lower Columbia River Estuary” means the mainstem Columbia River from the Bonneville Dam to the Pacific Ocean and tidally influenced portions of tributaries to the Columbia River in that region. (5) Middle and Upper Columbia River Basin
“Middle and Upper Columbia River Basin” applies in that section
The term “Middle and Upper Columbia River Basin” means the region consisting of the United States portion of the Columbia River Basin above Bonneville Dam. (6) Program
“Program” applies in that section
The term “Program” means the Columbia River Basin Restoration Program established under subsection (b)(1)(A). (b) Columbia River Basin Restoration Program (1) Establishment (A) In general The Administrator shall establish within the Environmental Protection Agency a Columbia River Basin Restoration Program. (B) Effect (i) The establishment of the Program does not modify any legal or regulatory authority or program in effect as of December 16, 2016 , including the roles of Federal agencies in the Columbia River Basin. (ii) This section does not create any new regulatory authority.
“Estuary Partnership” applies in that section
The term “Estuary Partnership” means the San Francisco Estuary Partnership, designated as the management conference for the San Francisco Bay under section 1330 of this title . (2) San Francisco Bay Plan
“San Francisco Bay Plan” applies in that section
The term “San Francisco Bay Plan” means— (A) until the date of the completion of the plan developed by the Director under subsection (d), the comprehensive conservation and management plan approved under section 1330 of this title for the San Francisco Bay estuary; and (B) on and after the date of the completion of the plan developed by the Director under subsection (d), the plan developed by the Director under subsection (d). (b) Program Office (1) Establishment The Administrator shall establish in the Environmental Protection Agency a San Francisco Bay Program Office. The Office shall be located at the headquarters of Region 9 of the Environmental Protection Agency.
“Coastal Nonpoint Pollution Control Program” applies in that section
The term “Coastal Nonpoint Pollution Control Program” means the State of Washington’s Coastal Nonpoint Pollution Control Program approved under section 1455b of title 16 . (2) Director
“Director” applies in that section
The term “Director” means the Director of the Program Office. (3) Federal Action Plan
“Federal Action Plan” applies in that section
The term “Federal Action Plan” means the plan developed under subsection (c)(3)(B). (4) International Joint Commission
“International Joint Commission” applies in that section
The term “International Joint Commission” means the International Joint Commission established by the Treaty relating to the boundary waters and questions arising along the boundary between the United States and Canada, signed at Washington January 11, 1909 , and entered into force May 5, 1910 ( 36 Stat. 2448 ; TS 548; 12 Bevans 319). (5) Pacific Salmon Commission
“Pacific Salmon Commission” applies in that section
The term “Pacific Salmon Commission” means the Pacific Salmon Commission established by the United States and Canada under the Treaty concerning Pacific salmon, with annexes and memorandum of understanding, signed at Ottawa January 28, 1985 , and entered into force March 18, 1985 (TIAS 11091; 1469 UNTS 357) (commonly known as the “Pacific Salmon Treaty”). (6) Program Office
“Program Office” applies in that section
The term “Program Office” means the Puget Sound Recovery National Program Office established by subsection (b). (7) Puget Sound Action Agenda; Action Agenda The term “Puget Sound Action Agenda” or“Action Agenda” means the most recent plan developed by the Puget Sound National Estuary Program Management Conference, in consultation with the Puget Sound Tribal Management Conference, and approved by the Administrator as the comprehensive conservation and management plan for the Puget Sound under section 1330 of this title . (8) Puget Sound Federal Leadership Task Force
“Puget Sound Federal Leadership Task Force” applies in that section
The term “Puget Sound Federal Leadership Task Force” means the Puget Sound Federal Leadership Task Force established under subsection (c). (9) Puget Sound Federal Task Force
“Puget Sound Federal Task Force” applies in that section
The term “Puget Sound Federal Task Force” means the Puget Sound Federal Task Force established in 2016 under a memorandum of understanding among 9 Federal agencies. (10) Puget Sound National Estuary Program Management Conference
“Puget Sound National Estuary Program Management Conference” applies in that section
The term “Puget Sound National Estuary Program Management Conference” means the management conference for the Puget Sound convened pursuant to section 1330 of this title . (11) Puget Sound Partnership
“Puget Sound Partnership” applies in that section
The term “Puget Sound Partnership” means the State agency created under the laws of the State of Washington (section 90.71.210 of the Revised Code of Washington), or its successor agency that has been designated by the Administrator as the lead entity to support the Puget Sound National Estuary Program Management Conference. (12) Puget Sound region (A) In general
“Puget Sound region” applies in that section
The term “Puget Sound region” means the land and waters in the northwest corner of the State of Washington from the Canadian border to the north to the Pacific Ocean on the west, including Hood Canal and the Strait of Juan de Fuca. (B) Inclusion
“Puget Sound Tribal Management Conference” applies in that section
The term “Puget Sound Tribal Management Conference” means the 20 treaty Indian tribes of western Washington and the Northwest Indian Fisheries Commission. (14) Salish Sea
“Salish Sea” applies in that section
The term “Salish Sea” means the network of coastal waterways on the west coast of North America that includes the Puget Sound, the Strait of Georgia, and the Strait of Juan de Fuca. (15) Salmon Recovery Plans
“Salmon Recovery Plans” applies in that section
The term “Salmon Recovery Plans” means the recovery plans for salmon and steelhead species approved by the Secretary of the Interior under section 4(f) of the Endangered Species Act of 1973 [ 16 U.S.C. 1533(f) ] that are applicable to the Puget Sound region. (16) State Advisory Committee
“State Advisory Committee” applies in that section
The term “State Advisory Committee” means the advisory committee established by subsection (d). (17) Treaty Rights at Risk Initiative
“Treaty Rights at Risk Initiative” applies in that section
The term “Treaty Rights at Risk Initiative” means the report from the treaty Indian tribes of western Washington entitled “Treaty Rights At Risk: Ongoing Habitat Loss, the Decline of the Salmon Resource, and Recommendations for Change” and dated July 14, 2011 , or its successor report that outlines issues and offers solutions for the protection of Tribal treaty rights, recovery of salmon habitat, and management of sustainable treaty and nontreaty salmon fisheries, including through Tribal salmon hatchery programs.
“eligible treatment works” applies in that section
the term “eligible treatment works” means those treatment works in each State which meet the requirements of section 1281(g)(5) of this title and which can be fully funded from funds available for such purpose in such State.
“construction” applies throughout its subchapter
The term “construction” means any one or more of the following: preliminary planning to determine the feasibility of treatment works, engineering, architectural, legal, fiscal, or economic investigations or studies, surveys, designs, plans, working drawings, specifications, procedures, field testing of innovative or alternative waste water treatment processes and techniques meeting guidelines promulgated under section 1314(d)(3) of this title , or other necessary actions, erection, building, acquisition, alteration, remodeling, improvement, or extension of treatment works, or the inspection or supervision of any of the foregoing items. (2);
“treatment works” applies throughout its subchapter
The term “treatment works” means any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature to implement section 1281 of this title , or necessary to recycle or reuse water at the most economical cost over the estimated life of the works, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment, and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and acquisition of the land that will be an …
“toxic pollutant” applies in that section
the term “toxic pollutant” means those toxic pollutants referred to in section 1311(b)(2)(C) and 1311(b)(2)(D) of this title and such other pollutants as the Secretary, in consultation with the Administrator of the Environmental Protection Agency, determines are appropriate based on their effects on human health and the environment.
“value engineering review” applies in that section
the term “value engineering review” means a specialized cost control technique which uses a systematic and creative approach to identify and to focus on unnecessarily high cost in a project in order to arrive at a cost saving without sacrificing the reliability or efficiency of the project. (d) Projects affected This section applies to projects for waste treatment and management for which no treatment works including a facilities plan for such project have received Federal financial assistance for the preparation of construction plans and specifications under this chapter before December 29, 1981 .
“alternative water source project” applies in that section
The term “alternative water source project” means a project designed to provide municipal, industrial, and agricultural water supplies in an environmentally sustainable manner by conserving, managing, reclaiming, or reusing water, wastewater, or stormwater or by treating wastewater or stormwater for groundwater recharge, potable reuse, or other purposes. Such term does not include water treatment or distribution facilities. (2) Critical water supply needs
“critical water supply needs” applies in that section
The term “critical water supply needs” means existing or reasonably anticipated future water supply needs that cannot be met by existing water supplies, as identified in a comprehensive statewide or regional water supply plan or assessment projected over a planning period of at least 20 years. (c) Establishment The Administrator may establish a pilot program to make grants to State, interstate, and intrastate water resource development agencies (including water management districts and water supply authorities), local government agencies, private utilities, and nonprofit entities for alternative water source projects to meet critical water supply needs.
“financially distressed community” applies in that section
the term “financially distressed community” means a community that meets affordability criteria established by the State in which the community is located, if such criteria are developed after public review and comment.
“rural community” applies in that section
The term “rural community” means a city, town, or unincorporated area that has a population of not more than 10,000 inhabitants. (ii) Allocation (I) In general To the extent there are sufficient eligible project applications, the Administrator shall ensure that a State uses not less than 25 percent of the amount of the grants made to the State under subsection (a) in a fiscal year to carry out projects in rural communities or financially distressed communities for the purpose of planning, design, and construction of— (aa) treatment works to intercept, transport, control, treat, or reuse municipal sewer overflows, sanitary sewer overflows, or stormwater; or (bb) any other measures to manage, …
“eligible entity” applies in that section
The term “eligible entity” means— (A) a municipality; or (B) an intermunicipal, interstate, or State agency. (2) Natural hazard
“natural hazard” applies in that section
The term “natural hazard” means a hazard caused by natural forces, including extreme weather events, sea-level rise, and extreme drought conditions. (3) Program
“program” applies in that section
The term “program” means the clean water infrastructure resilience and sustainability program established under subsection (b). (b) Establishment Subject to the availability of appropriations, the Administrator shall establish a clean water infrastructure resilience and sustainability program under which the Administrator shall award grants to eligible entities for the purpose of increasing the resilience of publicly owned treatment works to a natural hazard or cybersecurity vulnerabilities.
“eligible individual” applies in that section
the term “eligible individual” means a member of a low-income or moderate-income household, the members of which have a combined income (for the most recent 12-month period for which information is available) equal to not more than 50 percent of the median nonmetropolitan household income for the State or territory in which the household is located, according to the most recent decennial census.
“eligible entity” applies in that section
The term “eligible entity” means— (A) an owner or operator of a publicly owned treatment works that assists or is seeking to assist low-income or moderate-income individuals with connecting the household of the individual to the publicly owned treatment works; or (B) a nonprofit entity that assists low-income or moderate-income individuals with the costs associated with connecting the household of the individual to a publicly owned treatment works. (2) Program
“program” applies in that section
The term “program” means the competitive grant program established under subsection (b). (3) Qualified individual
“qualified individual” applies in that section
The term “qualified individual” has the meaning given the term “eligible individual” in section 1383(j) of this title . (b) Establishment Subject to the availability of appropriations, the Administrator shall establish a competitive grant program with the purpose of improving general welfare, under which the Administrator awards grants to eligible entities to provide funds to assist qualified individuals in covering the costs incurred by the qualified individual in connecting the household of the qualified individual to a publicly owned treatment works.
“center” applies in that section
The term “center” means a center of excellence for stormwater control infrastructure established under subsection (b)(1). (2) Eligible entity
“eligible entity” applies in that section
The term “eligible entity” means— (A) a State, Tribal, or local government; or (B) a local, regional, or other public entity that manages stormwater or wastewater resources or other related water infrastructure. (3) Eligible institution
“eligible institution” applies in that section
The term “eligible institution” means an institution of higher education, a research institution, or a nonprofit organization— (A) that has demonstrated excellence in researching and developing new and emerging stormwater control infrastructure technologies; and (B) with respect to a nonprofit organization, the core mission of which includes water management, as determined by the Administrator.
“coal remining operation” applies in that section
The term “coal remining operation” means a coal mining operation which begins after February 4, 1987 at a site on which coal mining was conducted before August 3, 1977 . (B) Remined area
“pre-existing discharge” applies in that section
The term “pre-existing discharge” means any discharge at the time of permit application under this subsection. (4) Applicability of strip mining laws Nothing in this subsection shall affect the application of the Surface Mining Control and Reclamation Act of 1977 [ 30 U.S.C. 1201 et seq.] to any coal remining operation, including the application of such Act to suspended solids.
“remined area” applies in that section
The term “remined area” means only that area of any coal remining operation on which coal mining was conducted before August 3, 1977 . (C) Pre-existing discharge
“water quality standards” applies throughout its chapter
the term “water quality standards” includes thermal water quality standards. (i) Coastal recreation water quality criteria (1) Adoption by States (A) Initial criteria and standards Not later than 42 months after October 10, 2000 , each State having coastal recreation waters shall adopt and submit to the Administrator water quality criteria and standards for the coastal recreation waters of the State for those pathogens and pathogen indicators for which the Administrator has published criteria under section 1314(a) of this title .
“construction” applies in that section
The term “construction” means any placement, assembly, or installation of facilities or equipment (including contractual obligations to purchase such facilities or equipment) at the premises where such equipment will be used, including preparation work at such premises.
“new source” applies in that section
The term “new source” means any source, the construction of which is commenced after the publication of proposed regulations prescribing a standard of performance under this section which will be applicable to such source, if such standard is thereafter promulgated in accordance with this section.;
“owner or operator” applies in that section
The term “owner or operator” means any person who owns, leases, operates, controls, or supervises a source.;
“source” applies in that section
The term “source” means any building, structure, facility, or installation from which there is or may be the discharge of pollutants.;
“standard of performance” applies in that section
The term “standard of performance” means a standard for the control of the discharge of pollutants which reflects 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.;
“hazardous substance” applies in that section
the term “hazardous substance” means (A) any substance designated pursuant to section 1321(b)(2)(A) of this title , (B) any element, compound, mixture, solution, or substance designated pursuant to section 9602 of title 42 , (C) any hazardous waste having the characteristics identified under or listed pursuant to section 3001 of the Solid Waste Disposal Act [ 42 U.S.C. 6921 ] (but not including any waste the regulation of which under the Solid Waste Disposal Act [ 42 U.S.C.
“organization” applies in that section
the term “organization” means a legal entity, other than a government, established or organized for any purpose, and such term includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons; and;
“person” applies in that section
the term “person” means, in addition to the definition contained in section 1362(5) of this title , any responsible corporate officer. (7) Hazardous substance defined For the purpose of this subsection,
“serious bodily injury” applies in that section
the term “serious bodily injury” means bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
“alternative planning criteria” applies in that section
The term “alternative planning criteria” means criteria submitted under section 155.1065 or 155.5067 of title 33, Code of Federal Regulations (as in effect on December 23, 2022 ), for vessel response plans. (ii) Prince William Sound Captain of the Port Zone
“best available science” applies in that section
the term “best available science” means science that— (A) maximizes the quality, objectivity, and integrity of information, including statistical information; (B) uses peer-reviewed and publicly available data; and (C) clearly documents and communicates risks and uncertainties in the scientific basis for such projects;
“Chairperson” applies in that section
the term “Chairperson” means the Chairperson of the Council;
“coastal political subdivision” applies in that section
the term “coastal political subdivision” means any local political jurisdiction that is immediately below the State level of government, including a county, parish, or borough, with a coastline that is contiguous with any portion of the United States Gulf of Mexico;
“coastal zones” applies in that section
the term “coastal zones” includes land within the coastal zones that is held in trust by, or the use of which is by law subject solely to the discretion of, the Federal Government or officers or agents of the Federal Government)) 1 that border the Gulf of Mexico; (B) any adjacent land, water, and watersheds, that are within 25 miles of the coastal zones described in subparagraph (A) of the Gulf Coast States; and (C) all Federal waters in the Gulf of Mexico;
“Comprehensive Plan” applies in that section
the term “Comprehensive Plan” means the comprehensive plan developed by the Council pursuant to subsection (t);
“Council” applies in that section
the term “Council” means the Gulf Coast Ecosystem Restoration Council established pursuant to subsection (t);
“Deepwater Horizon oil spill” applies in that section
the term “Deepwater Horizon oil spill” means the blowout and explosion of the mobile offshore drilling unit Deepwater Horizon that occurred on April 20, 2010 , and resulting hydrocarbon releases into the environment;
“Gulf Coast region” applies in that section
the term “Gulf Coast region” means— (A) in the Gulf Coast States, the coastal zones (as that term is defined in section 1453 of title 16 ), 1 except that, in this section,
“Gulf Coast State” applies in that section
the term “Gulf Coast State” means any of the States of Alabama, Florida, Louisiana, Mississippi, and Texas; and;
“marine casualty” applies in that section
The term “marine casualty” means a marine casualty that is required to be reported pursuant to paragraph (3), (4), or (5) of section 6101 2 of title 46. (ii) Salvage equipment
“noxious liquid substance” applies in that section
the term “noxious liquid substance” has the same meaning when that term is used in the MARPOL Protocol described in section 1901(a)(3) 2 of this title. (C) The tank vessels, nontank vessels, and facilities referred to in subparagraphs (A) and (B) are the following: (i) A tank vessel, as defined under section 2101 of title 46 . (ii) A nontank vessel. (iii) An offshore facility. (iv) An onshore facility that, because of its location, could reasonably be expected to cause substantial harm to the environment by discharging into or on the navigable waters, adjoining shorelines, or the exclusive economic zone.
“Prince William Sound Captain of the Port Zone” applies in that section
The term “Prince William Sound Captain of the Port Zone” means the area described in section 3.85–15(b) of title 33, Code of Federal Regulations (or successor regulations). (iii) Secretary
“responsible party” applies in that section
the term “responsible party” has the meaning given that term under section 1001 of the Oil Pollution Act of 1990 [ 33 U.S.C. 2701 ]. (d) National Contingency Plan (1) Preparation by President The President shall prepare and publish a National Contingency Plan for removal of oil and hazardous substances pursuant to this section.
“salvage equipment” applies in that section
The term “salvage equipment” means any equipment that is capable of being used to assist a vessel in potential or actual danger in order to prevent loss of life, damage or destruction of the vessel or its cargo, or release of its contents into the marine environment. (k) Repealed. Pub. L. 101–380, title II, § 2002(b)(2) , Aug. 18, 1990 , 104 Stat. 507 (l) Administration The President is authorized to delegate the administration of this section to the heads of those Federal departments, agencies, and instrumentalities which he determines to be appropriate.
“Secretary” applies in that section
The term “Secretary” means the Secretary of the department in which the Coast Guard is operating. (iv) Vessel response plan
“Trust Fund” applies in that section
the term “Trust Fund” means the Gulf Coast Restoration Trust Fund established pursuant to section 1602 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012.
“vessel response plan” applies in that section
The term “vessel response plan” means a plan required to be submitted by the owner or operator of a tank vessel or a nontank vessel under regulations issued by the President under paragraph (5). (v) Western Alaska Captain of the Port Zone
“Western Alaska Captain of the Port Zone” applies in that section
The term “Western Alaska Captain of the Port Zone” means the area described in section 3.85–15(a) of title 33, Code of Federal Regulations (as in effect on December 23, 2022 ). (B) Requirement Except as provided in subparagraph (I), for any part of the area of responsibility of the Western Alaska Captain of the Port Zone or the Prince William Sound Captain of the Port Zone for which the Secretary has determined that the national planning criteria established pursuant to this subsection are inappropriate for a vessel operating in such area, a vessel response plan with respect to a discharge of oil for such a vessel shall comply with the Western Alaska oil spill planning criteria established …
“aquatic nuisance species” applies in that section
The term “aquatic nuisance species” means a nonindigenous species that threatens— (i) the diversity or abundance of a native species; (ii) the ecological stability of— (I) waters of the United States; or (II) waters of the contiguous zone; or (iii) a commercial, agricultural, aquacultural, or recreational activity that is dependent on— (I) waters of the United States; or (II) waters of the contiguous zone. (B) Ballast water (i) In general
“ballast water” applies in that section
The term “ballast water” means any water, suspended matter, and other materials taken onboard a vessel— (I) to control or maintain trim, draught, stability, or stresses of the vessel, regardless of the means by which any such water or suspended matter is carried; or (II) during the cleaning, maintenance, or other operation of a ballast tank or ballast water management system of the vessel. (ii) Exclusion The term “ballast water” does not include any substance that is added to the water described in clause (i) that is directly related to the operation of a properly functioning ballast water management system. (C) Ballast water discharge standard
“ballast water discharge standard” applies in that section
The term “ballast water discharge standard” means— (i) the numerical ballast water discharge standard established by section 151.1511 or 151.2030 of title 33, Code of Federal Regulations (or successor regulations); or (ii) if a standard referred to in clause (i) is superseded by a numerical standard of performance under this subsection, that superseding standard. (D) Ballast water exchange
“ballast water exchange” applies in that section
The term “ballast water exchange” means the replacement of water in a ballast water tank using 1 of the following methods: (i) Flow-through exchange, in which ballast water is flushed out by pumping in midocean water at the bottom of the tank if practicable, and continuously overflowing the tank from the top, until 3 full volumes of water have been changed to minimize the number of original organisms remaining in the tank. (ii) Empty and refill exchange, in which ballast water taken on in ports, estuarine waters, or territorial waters is pumped out until the pump loses suction, after which the ballast tank is refilled with midocean water. (E) Ballast water management system
“ballast water management system” applies in that section
The term “ballast water management system” means any marine pollution control device (including all ballast water treatment equipment, ballast tanks, pipes, pumps, and all associated control and monitoring equipment) that processes ballast water— (i) to kill, render nonviable, or remove organisms; or (ii) to avoid the uptake or discharge of organisms. (F) Best available technology economically achievable
“best available technology economically achievable” applies in that section
The term “best available technology economically achievable” means— (i) best available technology economically achievable (within the meaning of section 1311(b)(2)(A) of this title ); (ii) best available technology (within the meaning of section 1314(b)(2)(B) of this title ); and (iii) best available technology, as determined in accordance with section 125.3(d)(3) of title 40, Code of Federal Regulations (or successor regulations). (G) Best conventional pollutant control technology
“best conventional pollutant control technology” applies in that section
The term “best conventional pollutant control technology” means— (i) best conventional pollutant control technology (within the meaning of section 1311(b)(2)(E) of this title ); (ii) best conventional pollutant control technology (within the meaning of section 1314(b)(4) of this title ); and (iii) best conventional pollutant control technology, as determined in accordance with section 125.3(d)(2) of title 40, Code of Federal Regulations (or successor regulations). (H) Best management practice (i) In general
“best management practice” applies in that section
The term “best management practice” means a schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of— (I) the waters of the United States; or (II) the waters of the contiguous zone. (ii) Inclusions
“best practicable control technology currently available” applies in that section
The term “best practicable control technology currently available” means— (i) best practicable control technology currently available (within the meaning of section 1311(b)(1)(A) of this title ); (ii) best practicable control technology currently available (within the meaning of section 1314(b)(1) of this title ); and (iii) best practicable control technology currently available, as determined in accordance with section 125.3(d)(1) of title 40, Code of Federal Regulations (or successor regulations). (J) Captain of the Port Zone
“Captain of the Port Zone” applies in that section
The term “Captain of the Port Zone” means a Captain of the Port Zone established by the Secretary pursuant to sections 92, 93, and 633 1 of title 14. (K) Empty ballast tank
“commercial vessel” applies in that section
the term “commercial vessel” means a vessel operating between— (I) 2 ports or places of destination within the Pacific Region; or (II) a port or place of destination within the Pacific Region and a port or place of destination on the Pacific Coast of Canada or Mexico north of parallel 20 degrees north latitude, inclusive of the Gulf of California. (ii) Ballast water exchange (I) In general Except as provided in subclause (II) and clause (iv), the owner or operator of a commercial vessel shall conduct a complete ballast water exchange in waters more than 50 nautical miles from shore.
“empty ballast tank” applies in that section
The term “empty ballast tank” means a tank that— (i) has previously held ballast water that has been drained to the limit of the functional or operational capabilities of the tank (such as loss of suction); (ii) is recorded as empty on a vessel log; and (iii) contains unpumpable residual ballast water and sediment. (L) Great Lakes Commission
“Great Lakes Commission” applies in that section
The term “Great Lakes Commission” means the Great Lakes Commission established by article IV A of the Great Lakes Compact 2 to which Congress granted consent in the Act of July 24, 1968 ( Public Law 90–419 ; 82 Stat. 414 ). (M) Great Lakes State
“Great Lakes State” applies in that section
The term “Great Lakes State” means any of the States of— (i) Illinois; (ii) Indiana; (iii) Michigan; (iv) Minnesota; (v) New York; (vi) Ohio; (vii) Pennsylvania; and (viii) Wisconsin. (N) Great Lakes System
“Great Lakes System” applies in that section
The term “Great Lakes System” has the meaning given the term in section 1268(a)(3) of this title . (O) Internal waters
“houseboat” applies in that section
the term “houseboat” means a vessel which, for a period of time determined by the State in which the vessel is located, is used primarily as a residence and is not used primarily as a means of transportation. (2) If, after promulgation of the initial standards and regulations and prior to their effective date, a vessel is equipped with a marine sanitation device in compliance with such standards and regulations and the installation and operation of such device is in accordance with such standards and regulations, such standards and regulations shall, for the purposes of paragraph (1) of this subsection, become effective with respect to such vessel on the date of such compliance.
“internal waters” applies in that section
The term “internal waters” has the meaning given the term in section 2.24 of title 33, Code of Federal Regulations (or a successor regulation). (P) Marine pollution control device
“marine pollution control device” applies in that section
The term “marine pollution control device” means any equipment or management practice (or combination of equipment and a management practice), for installation or use onboard a vessel, that is— (i) designed to receive, retain, treat, control, or discharge a discharge incidental to the normal operation of a vessel; and (ii) determined by the Administrator and the Secretary to be the most effective equipment or management practice (or combination of equipment and a management practice) to reduce the environmental impacts of the discharge, consistent with the factors for consideration described in paragraphs (4) and (5). (Q) Nonindigenous species
“nonindigenous species” applies in that section
The term “nonindigenous species” means an organism of a species that enters an ecosystem beyond the historic range of the species. (R) Organism
“organism” applies in that section
The term “organism” includes— (i) an animal, including fish and fish eggs and larvae; (ii) a plant; (iii) a pathogen; (iv) a microbe; (v) a virus; (vi) a prokaryote (including any archean or bacterium); (vii) a fungus; and (viii) a protist. (S) Pacific Region (i) In general
“Pacific Region” applies in that section
The term “Pacific Region” means any Federal or State water— (I) adjacent to the State of Alaska, California, Hawaii, Oregon, or Washington; and (II) extending from shore. (ii) Inclusion
“port or place of destination” applies in that section
The term “port or place of destination” means a port or place to which a vessel is bound to anchor or moor. (U) Render nonviable The term “render nonviable”, with respect to an organism in ballast water, means the action of a ballast water management system that renders the organism permanently incapable of reproduction following treatment. (V) Saltwater flush (i) In general
“saltwater flush” applies in that section
The term “saltwater flush” means— (I) (aa) the addition of as much midocean water into each empty ballast tank of a vessel as is safe for the vessel and crew; and (bb) the mixing of the flushwater with residual ballast water and sediment through the motion of the vessel; and (II) the discharge of that mixed water, such that the resultant residual water remaining in the tank— (aa) has the highest salinity possible; and (bb) is at least 30 parts per thousand. (ii) Multiple sequences For purposes of clause (i), a saltwater flush may require more than 1 fill-mix-empty sequence, particularly if only small quantities of water can be safely taken onboard a vessel at 1 time. (W) Secretary
“Secretary” applies in that section
The term “Secretary” means the Secretary of the department in which the Coast Guard is operating. (X) Small Vessel General Permit
“Small Vessel General Permit” applies in that section
The term “Small Vessel General Permit” means the permit that is the subject of the notice of final permit issuance entitled “Final National Pollutant Discharge Elimination System (NPDES) Small Vessel General Permit for Discharges Incidental to the Normal Operation of Vessels Less Than 79 Feet” (79 Fed. Reg. 53702 ( September 10, 2014 )). (Y) Small vessel or fishing vessel
“small vessel or fishing vessel” applies in that section
The term “small vessel or fishing vessel” means a vessel that is— (i) less than 79 feet in length; or (ii) a fishing vessel, fish processing vessel, or fish tender vessel (as those terms are defined in section 2101 of title 46 ), regardless of the length of the vessel. (Z) Vessel General Permit
“Vessel General Permit” applies in that section
The term “Vessel General Permit” means the permit that is the subject of the notice of final permit issuance entitled “Final National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges Incidental to the Normal Operation of a Vessel” (78 Fed. Reg. 21938 ( April 12, 2013 )).
“estuarine zone” applies in that section
the terms “estuary” and “estuarine zone” have the meanings such terms have in section 1254(n)(4) of this title , except that the term “estuarine zone” shall also include associated aquatic ecosystems and those portions of tributaries draining into the estuary up to the historic height of migration of anadromous fish or the historic head of tidal influence, whichever is higher.
“estuary” applies in that section
the terms “estuary” and “estuarine zone” have the meanings such terms have in section 1254(n)(4) of this title , except that the term “estuarine zone” shall also include associated aquatic ecosystems and those portions of tributaries draining into the estuary up to the historic height of migration of anadromous fish or the historic head of tidal influence, whichever is higher.
“integrated plan” applies in that section
the term “integrated plan” means a plan developed in accordance with the Integrated Municipal Stormwater and Wastewater Planning Approach Framework, issued by the Environmental Protection Agency and dated June 5, 2012 . (2) In general The Administrator (or a State, in the case of a permit program approved by the Administrator) shall inform municipalities of the opportunity to develop an integrated plan that may be incorporated into a permit under this section.
“biological monitoring” applies throughout its chapter
The term “biological monitoring” shall mean the determination of the effects on aquatic life, including accumulation of pollutants in tissue, in receiving waters due to the discharge of pollutants (A) by techniques and procedures, including sampling of organisms representative of appropriate levels of the food chain appropriate to the volume and the physical, chemical, and biological characteristics of the effluent, and (B) at appropriate frequencies and locations. (16) The term “discharge” when used without qualification includes a discharge of a pollutant, and a discharge of pollutants.;
“coastal recreation waters” applies throughout its chapter
The term “coastal recreation waters” means— (i) the Great Lakes; and (ii) marine coastal waters (including coastal estuaries) that are designated under section 1313(c) of this title by a State for use for swimming, bathing, surfing, or similar water contact activities. (B) Exclusions .— The term “coastal recreation waters” does not include— (i) inland waters; or (ii) waters upstream of the mouth of a river or stream having an unimpaired natural connection with the open sea. (22) Floatable material.— (A) In general .—
“contiguous zone” applies throughout its chapter
The term “contiguous zone” means the entire zone established or to be established by the United States under article 24 of the Convention of the Territorial Sea and the Contiguous Zone.;
“effluent limitation” applies throughout its chapter
The term “effluent limitation” means any restriction established by a State or the Administrator on quantities, rates, and concentrations of chemical, physical, biological, and other constituents which are discharged from point sources into navigable waters, the waters of the contiguous zone, or the ocean, including schedules of compliance. (12) The term “discharge of a pollutant” and the term “discharge of pollutants” each means (A) any addition of any pollutant to navigable waters from any point source, (B) any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft.;
“floatable material” applies throughout its chapter
The term “floatable material” means any foreign matter that may float or remain suspended in the water column. (B) Inclusions .—
“green infrastructure” applies throughout its chapter
The term “green infrastructure” means the range of measures that use plant or soil systems, permeable pavement or other permeable surfaces or substrates, stormwater harvest and reuse, or landscaping to store, infiltrate, or evapotranspirate stormwater and reduce flows to sewer systems or to surface waters.
“industrial user” applies throughout its chapter
The term “industrial user” means those industries identified in the Standard Industrial Classification Manual, Bureau of the Budget, 1967, as amended and supplemented, under the category of “Division D—Manufacturing” and such other classes of significant waste producers as, by regulation, the Administrator deems appropriate.;
“interstate agency” applies throughout its chapter
The term “interstate agency” means an agency of two or more States established by or pursuant to an agreement or compact approved by the Congress, or any other agency of two or more States, having substantial powers or duties pertaining to the control of pollution as determined and approved by the Administrator.;
“medical waste” applies throughout its chapter
The term “medical waste” means isolation wastes; infectious agents; human blood and blood products; pathological wastes; sharps; body parts; contaminated bedding; surgical wastes and potentially contaminated laboratory wastes; dialysis wastes; and such additional medical items as the Administrator shall prescribe by regulation. (21) Coastal recreation waters.— (A) In general .—
“municipality” applies throughout its chapter
The term “municipality” means a city, town, borough, county, parish, district, association, or other public body created by or pursuant to State law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 1288 of this title .;
“navigable waters” applies throughout its chapter
The term “navigable waters” means the waters of the United States, including the territorial seas.;
“ocean” applies throughout its chapter
The term “ocean” means any portion of the high seas beyond the contiguous zone.;
“pathogen indicator” applies throughout its chapter
The term “pathogen indicator” means a substance that indicates the potential for human infectious disease. (24) Oil and gas exploration and production .—
“person” applies throughout its chapter
The term “person” means an individual, corporation, partnership, association, State, municipality, commission, or political subdivision of a State, or any interstate body.;
“point source” applies throughout its chapter
The term “point source” means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include agricultural stormwater discharges and return flows from irrigated agriculture.;
“pollutant” applies throughout its chapter
The term “pollutant” means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.
“pollution” applies throughout its chapter
The term “pollution” means the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.;
“recreational vessel” applies throughout its chapter
The term “recreational vessel” means any vessel that is— (i) manufactured or used primarily for pleasure; or (ii) leased, rented, or chartered to a person for the pleasure of that person. (B) Exclusion .— The term “recreational vessel” does not include a vessel that is subject to Coast Guard inspection and that— (i) is engaged in commercial use; or (ii) carries paying passengers. (26) Treatment works .—
“schedule of compliance” applies throughout its chapter
The term “schedule of compliance” means a schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with an effluent limitation, other limitation, prohibition, or standard.;
“State” applies throughout its chapter
The term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.;
“State water pollution control agency” applies throughout its chapter
The term “State water pollution control agency” means the State agency designated by the Governor having responsibility for enforcing State laws relating to the abatement of pollution.;
“territorial seas” applies throughout its chapter
The term “territorial seas” means the belt of the seas measured from the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters, and extending seaward a distance of three miles.;
“toxic pollutant” applies throughout its chapter
The term “toxic pollutant” means those pollutants, or combinations of pollutants, including disease-causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will, on the basis of information available to the Administrator, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction) or physical deformations, in such organisms or their offspring.;
“treatment works” applies throughout its chapter
The term “treatment works” has the meaning given the term in section 1292 of this title . (27) Green infrastructure .—
“citizen” applies in that section
the term “citizen” means a person or persons having an interest which is or may be adversely affected. (h) Civil action by State Governors A Governor of a State may commence a civil action under subsection (a), without regard to the limitations of subsection (b) of this section, against the Administrator where there is alleged a failure of the Administrator to enforce an effluent standard or limitation under this chapter the violation of which is occurring in another State and is causing an adverse effect on the public health or welfare in his State, or is causing a violation of any water quality requirement in his State.
“effluent standard or limitation under this chapter” applies in that section
the term “effluent standard or limitation under this chapter” means (1) effective July 1, 1973 , an unlawful act under subsection (a) of section 1311 of this title ; (2) an effluent limitation or other limitation under section 1311 or 1312 of this title; (3) standard of performance under section 1316 of this title ; (4) prohibition, effluent standard or pretreatment standards under section 1317 of this title ; (5) a standard of performance or requirement under section 1322(p) of this title ; (6) a certification under section 1341 of this title ; (7) a permit or condition of a permit issued under section 1342 of this title that is in effect under this chapter (including a requirement …
“eligible individual” applies in that section
the term “eligible individual” means a member of a household, the members of which have a combined income (for the most recent 12-month period for which information is available) equal to not more than 50 percent of the median nonmetropolitan household income for the State in which the household is located, according to the most recent decennial census.
“iron and steel products” applies in that section
the term “iron and steel products” means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, construction materials.
“industrial waste” applies in that section
the term “industrial waste” means any solid, semisolid, or liquid waste generated by a manufacturing or processing plant.
“resolution” applies in that section
the term “resolution” means a joint resolution, the resolving clause of which is as follows: “That the House of Representatives and the Senate approve and authorize the Administrator of the Environmental Protection Agency to grant a permit to _____ under the Marine Protection, Research, and Sanctuaries Act of 1972 to dispose of radioactive materials in the ocean as recommended by the Administrator to the Congress on _____, 19_.”; the first blank space therein to be filled with the appropriate applicant to dispose of nuclear material and the second blank therein to be filled with the date on which the Administrator submits the recommendation to the House of Representatives and the Senate.
“Apex” applies in that section
The term “Apex” means the New York Bight Apex consisting of the ocean waters of the Atlantic Ocean westward of 73 degrees 30 minutes west longitude and northward of 40 degrees 10 minutes north latitude.;
“Apex site” applies in that section
The term “Apex site” means that site within the Apex at which the dumping of municipal sludge occurred before October 1, 1983 .;
“eligible authority” applies in that section
The term “eligible authority” means any sewerage authority or other unit of State or local government that on November 2, 1983, was authorized under court order to dump municipal sludge at the Apex site. (2) No person may apply for a permit under this subchapter in relation to the dumping of, or the transportation for purposes of dumping, municipal sludge within the Apex unless that person is an eligible authority.
“alternative system” applies in that section
the term “alternative system” means any method for the management of sewage sludge or industrial waste which does not require a permit under this Act;
“Clean Oceans Fund” applies in that section
the term “Clean Oceans Fund” means such a fund established by a State in accordance with subsection (c)(5);
“excluded material” applies in that section
the term “excluded material” means— (A) any dredged material discharged by the United States Army Corps of Engineers or discharged pursuant to a permit issued by the Secretary in accordance with section 1413 of this title ; and (B) any waste from a tuna cannery operation located in American Samoa or Puerto Rico discharged pursuant to a permit issued by the Administrator under section 1412 of this title ;
“industrial waste” applies in that section
the term “industrial waste” means any solid, semisolid, or liquid waste generated by a manufacturing or processing plant, other than an excluded material;
“interim measure” applies in that section
the term “interim measure” means any short-term method for the management of sewage sludge or industrial waste, which— (A) is used before implementation of an alternative system; and (B) does not require a permit under this Act; and;
“sewage sludge” applies in that section
the term “sewage sludge” means any solid, semisolid, or liquid waste generated by a wastewater treatment plant, other than an excluded material.
“sewage sludge” applies in that section
the term “sewage sludge” has the meaning such term has in section 1414b of this title .
“adjacent coastal State” applies throughout its chapter
The term “adjacent coastal State” means any coastal State which (A) would be directly connected by pipeline to a deepwater port, as proposed in an application; (B) would be located within 15 miles of any such proposed deepwater port; or (C) is designated by the Secretary in accordance with section 1508(a)(2) of this title . (2) Affiliate .—