Page:United States Statutes at Large Volume 86.djvu/923

 86 STAT. ]

PUBLIC LAW 92-500-OCT. 18, 1972

«81

into navigable waters within its jurisdiction may submit to the Administrator a full and complete description of the program it proposes to establish and administer under State law or under an interstate compact. I n addition, such State shall submit a statement from the attorney general (or the attorney for those State water pollution control agencies which have independent legal counsel), or from the chief legal officer in the case of an interstate agency, that the laws of such State, or the interstate compact, as the case may be, provide adequate authority to carry out the described program. The Admin- jif^^^g""^^''°"" istrator shall approve each such submitted program unless he determines that adequate authority does not exist: " (1) To issue permits which— " (A) apply, and insure compliance with, any applicable requirements of sections 301,302,306,307, and 403; " (B) are for fixed terms not exceeding five years; and, ^ > " (C) can be terminated or modified for cause including, but not limited to, the following: " (i) violation of any condition of the permit; "(ii) obtaining a permit by misrepresentation, or failure to disclose fully all relevant facts; " (iii) change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge; " (D) control the disposal of pollutants into wells; " (2)(A) To issue permits which apply, and insure compliance with, all applicable requirements of section 308 of this Act, or " (B) To inspect, monitor, enter, and require reports to at least the same extent as required in section 308 of this Act; "(3) To insure that the public, and any other State the waters of which may be affected, receive notice of each application for a permit and to provide an opportunity for public hearing before a ruling on each such application; " (4) To insure that the Administrator receives notice of each application (including a copy thereof) for a permit; "(5) To insure that any State (other than the permitting State), whose waters may be affected by the issuance of a permit may submit written recommendations to the permitting State (and the Administrator) with respect to any permit application and, if any part of such written recommendations are not accepted by the permitting State, that the permitting State will notify such affected State (and the Administrator) in writing of its failure to so accept such recommenda-, ..,.* tions together with its reasons for so doing; .-;i> - t-u "(6) To insure that no permit will be issued if, in the judgment of the Secretary of the Army acting through the Chief of Engineers, after consultation with the Secretary of the department in which the Coast Guard is operating, anchorage and navigation of any of the navigable waters would be substantially impaired thereby; "(7) To abate violations of the permit or the permit program, including civil and criminal penalties and other ways and means of enforcement; "(8) To insure that any permit for a discharge from a publicly owned treatment works includes conditions to require adequate notice to the permitting agency of (A) new introductions into such works of pollutants from any source which would be a new source as defined in section 306 if such source were discharging pollutants, (B) new introductions of pollutants into such works from a source which would be subject to section 301 if it were discharging such pollutants, or (C) a substantial change in volume or character of pollutants being introduced into such works by a source introducing pollutants into

�