New discharges prohibited in impaired waters

“No new discharges…”

When a water body is on the 303(d) list, new discharges that might cause or contribute to the problems in the water are prohibited.

“No new permit may be issued to a new source or a new discharger, if the discharge from its construction or operation will cause or contribute to the violation of water quality standards.”
(40 CFR 122.4(i))

In practice, however, many states have continued to allow new discharges to threatened and impaired waters, in apparent contradiction of the regulations. Technically, new discharges should only be allowed if a restoration plan was developed and the new pollutant contribution was included in the restoration plan.

< Back to Previous Page