Page:United States Statutes at Large Volume 91.djvu/1634

 91 STAT. 1600

PUBLIC LAW 95-217—DEC. 27, 1977 ENFORCEMENT OF M U N I C I P A L PERMITS

33 USC 1342. Ante, p. 1592,

SEC. 66. Section 402(h) of the Federal W a t e r Polhition Control Act is amended by striking out the comma after "is approved" and inserting the following: "or where the Administrator determines pursuant to section 309(a) of this Act that a State with an approved program has not commenced a p p r o p r i a t e enforcement action with respect to such permit,". PERMITS FOR DREDGED OR F I L L

Notice, publication.

33 USC 1344.

"Secretary.' Notice and hearing.

laif

Limitations.

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MATERIAL

SEC. 67. (a)(1) Subsection (a) of section 404 of the Federal W a t e r Pollution Control Act is amended by striking out " The Secretary of the Army, acting through the Chief of Engineers," and inserting in lieu thereof " The Secretary" and by inserting at the end thereof the following new sentence: "Not later than the fifteenth day after the date an applicant submits all the information required to complete an application for a permit under this subsection, the Secretary shall publish the notice required by this subsection.". (2) Subsections (b) and (c) of such section 404 are amended by striking out "the Secretary of the Army " each place it appears and inserting in lieu thereof in each such place "the Secretary". (b) Such section 404 is further amended by adding at the end thereof the following new subsections: " (d) The term 'Secretary' as used in this section means the Secretary of the Army, acting through the Chief of Engineers. " (e)(1) I n carrying out his functions relating to the discharge of dredged or fill material under this section, the Secretary may, after notice and opportunity for public hearing, issue general permits on a State, regional, or nationwide basis for any category of activities involving discharges of dredged or fill material if the Secretary determines that the activities in such category are similar in nature, will cause only minimal adverse environmental effects when performed separately, and will have only minimal cumulative adverse effect on the environment. Any general permit issued under this subsection shall (A) be based on the guidelines described in subsection (b)(1) of this section, and (B) set forth the requirements and standards which shall apply to any activity authorized by such general permit. " (2) No general permit issued under this subsection shall be for a period of more than five years after the date of its issuance and such general permit may be revoked or modified by the Secretary if, after opportunity for public hearing, the Secretary determines that the activities authorized by such general permit have an adverse impact on the environment or such activities are more appropriately authorized by individual permits. " (f)(1) Except as provided in paragraph (2) of this subsection, the discharge of dredged or fill material— " (A) from normal farming, silviculture, and ranching activ; ities such as plowing, seeding, cultivating, minor drainage, har> >. vesting for the production of food, fiber, and forest products, or upland soil and water conservation practices; " (B) for the purpose of maintenance, including emergency f . reconstruction of recently damaged parts, of currently serviceable structures such as dikes, dams, levees, groins, r i p r a p, breakwaters, .. causeways, and bridge abutments or approaches, and transportation structures;

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