Page:United States Statutes at Large Volume 91.djvu/1636

 91 STAT. 1602

33 USC 1317, 1343.

33 USC 1318. Notice and hearing.

Recommendations.

Consultation.

Coordination. Program approval and notification.

PUBLIC LAW 95-217—DEC. 27, 1977

submitted by any State under paragraph (1) of this subsection, the Administrator shall determine, taking into account any comments submitted by the Secretary and the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, pursuant to subsection (g) of this section, whether such State has the following authority with respect to the issuance of permits pursuant to such program: " (A) To issue permits which— •' "(i) apply, and assure compliance with, any applicable requirements of this section, including, but not limited to, the guidelines established under subsection (b)(1) of this section, and sections 307 and 403 of this Act; "(ii) are for fixed terms not exceeding five years; and "(iii) 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; ^.1 •. " ( I l l) change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge. "(B) To issue permits which apply, and assure compliance with, all applicable requirements of section 308 of this Act, or to inspect, monitor, enter, and require reports to at least the same extent as /; required in section 308 of this Act. "(C) To assure 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. "(D) To assure that the Administrator receives notice of each application (including a copy thereof) for a permit. " (E) To assure 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 recommendations together with its reasons for so doing. " (F) To assure that no permit will be issued if, in the judgment of the Secretary, 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. "(G) To abate violations of the permit or the permit program, including civil and criminal penalties and other ways and means of enforcement. " (H) To assure continued coordination with Federal and Federal-State water-related planning and review processes. "(2) If, with respect to a State program submitted under subsection (g)(1) of this section, the Administrator determines that such State— "(A) has the authority set forth in paragraph (1) of this subsection, the Administrator shall approve the program and so notify (i) such State and (ii) the Secretary, who upon subsequent notification from such State that it is administering such program, shall u suspend the issuance of permits under subsections (a) and (e) of

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