waters of the United States


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waters of the United States

All navigable waters within the United States. The Army Corps of Engineers attempted to expand the definition to include wetlands and waterways that drained into navigable waters, thus allowing it to require permits from property owners under many circumstances. In the landmark decision of Rapanos v. United States, the Supreme Court decided, on June 19, 2006, that “The phrase the waters of the United States includes only those relatively permanent,standing or continuously flowing bodies of water ‘forming geographic features' that are described in ordinary parlance as ‘streams,' ‘oceans, rivers, [and] lakes'... and does not include channels through which water flows intermittently or ephemerally, or channels that periodically provide drainage for rainfall.”

References in periodicals archive ?
On June 29, Arkansas and 11 other states sued the EPA over its rules defining Waters of the United States.
If Congress seeks to improve federal environmental protections of waters of the United States, it should not seek the indiscriminate expansion of federal regulatory authority.
6) In its most basic form, the NPDES permit limits the types and quantities of pollutants that can be discharged into the navigable waters of the United States.
Government officials have interpreted the Clean Water Act of 1972, which regulates "the navigable waters of the United States," to include control over "wetlands," which are not specifically mentioned in the act.
Provisions in both state and federal law require that factory farms, called Concentrated Animal Feeding Operations, must either file for an NPDES (National Pollutant Discharge Elimination System) permit, which is required from all point sources discharging pollutants into waters of the United States, or prove that the operation has "no potential to discharge" manure, litter and process wastewater under any circumstances or climatic condition.
Under the terms of the agreement, Appolo will remediate impacts to waters of the United States through a combination of on-site restoration and after-the-fact permit authorization from the Army Corps of Engineers, Nashville District (Corps).
At least 84 overflows, totaling over 29 million gallons of raw sewage, reached navigable waters of the United States.
the discharge of any pollutant by any person," [section] 1311, without a permit, into the "navigable waters" [section] 1314--which the Act defines as "the waters of the United States," [section] 1362(7).
The corps will evaluate the permit requests under Section 10 of the Rivers and Harbors Act of 1899 for work in or affecting navigable waters of the United States.
It is important to note that the Department of the Army regulatory jurisdiction is limited only to those activities that would be performed in waters of the United States and activities that may affect eligible historic properties within the Corps of Engineers' jurisdiction.
Under the federal Clean Water Act, all facilities that discharge pollutants from any point source into waters of the United States are required to obtain a National Pollutant Discharge Elimination System (NPDES) permit.
They must also obtain other required authorizations, such as Clean Water Act Section 401 water quality certification or waiver if the proposed activity involves a discharge into waters of the United States, or Coastal Zone Management Act consistency concurrence or waiver, if the proposed activity occurs in the coastal zone, prior to conducting NWP activities.