Authority to Deny NPDES Permits

Section 309 Section 309.105  Authority to Deny NPDES Permits An NPDES Permit must not be issued if: a)         The permit would authorize the discharge of a radiological, chemical, or biological warfare agent or high-level radioactive waste; b)         The discharge would, in the judgment of the Secretary of the Army acting through the Chief of Engineers, result in the substantial impairment of anchorage and navigation; c)         The Administrator of the U.S. Environmental Protection Agency objects in writing to the proposed permit under any right to object given to the Administrator under Section 402(d) of the CWA; d)         The permit would authorize a discharge from a point source that conflicts with a plan approved under Section 208(b) of the CWA; or e)         The applicant has not provided proof to the Agency that the applicant will meet any schedule of compliance that may be established as a condition of the permit under the Act and Board rules.