TM 5-814-8
failed to
(1) Penalties for non-compliance. The NPDES
appropriate the money. The Act also
requires
permit, in essence, is a contract between a
the President to report annually to
Congress
discharger and the government. Substantial pen-
all exemptions granted with the reason
for each
alties for failure to comply with this permit are
exemption. In addition to exemptions
provided by Federal law. If a discharger violates
from particular effluent limitations, the President
the terms of a permit or makes illegal discharges
may issue regulations exempting military opera-
without a permit, civil penalties up to ,000 per
tions, including weaponry, equipment, aircraft,
day may be levied by the permitting authority.
vessels and vehicle operations from compliance
Negligent violations may be punished by fines up
with requirements pertaining to other Federal
to ,000 per day and up to two years in prison.
facilities. This exemption may serve to limit
(2) Permit duration. Permits are issued for
access to the military property by regulatory
periods of up to five years in duration. Holders of
agencies. Such exemptions may also be granted
NPDES permits must apply for reissuance of the
for military operations due to lack of appropria-
permit at least 180 days before expiration of the
tion of the required funds.
current permit. Detailed regulations and proce-
(2) Cooperation with local agencies. Federal
dures regarding the NPDES system have been
facilities, such as U.S. military installations are
issued by the U.S. EPA and are listed in Title 40
required to cooperate with local authorities in the
of the Code of Federal Regulations.
development of area-wide wastewater manage-
(3) Enforcement of permit. The U.S. EPA can
ment plans. In developing wastewater treatment
take enforcement action against a discharger who
facilities, Federal facilities must also consider
is in violation of his permit if the appropriate
utilizing innovative treatment processes and tech-
State agency fails to do so. The U.S. EPA can
niques. For new treatment works at Federal
also revoke a State's permitting authority if the
facilities, the use of innovative treatment pro-
program is not administered in compliance with
cesses and techniques must be employed unless
federal requirements.
the life-cycle cost of the innovative treatment
b. Permitting of Federal facilities. The FWPCA
alternative exceeds that of the most cost-effective
requires that all U.S. Government agencies com-
alternative by 15 percent. The innovative treat-
ply with Federal, State, interstate, and local
ment process and techniques shall include but not
water pollution control laws and regulations. This
be limited to methods for materials recycle and
compliance will be in the same manner and to the
reuse and land treatment. The U.S. EPA Admin-
same extent as any non-governmental entity. As
istrator may waive this requirement if he deter-
such, Federal installations discharging pollutants
mines it is in the public interest to do so.
into water bodies are covered by the NPDES
(3) Foreign facilities. If Federal facilities are
located outside the United States, they shall
permit system and, therefore, may be permitted
by the U.S. EPA and/or the State in which the
comply with environmental pollution control stan-
facility is located. Compliance with any interstate
dards of general applicability in the host country
or local water pollution regulations is required, if
or jurisdiction. In many countries, no appropri-
these regulations are different from Federal or
ated water pollution control regulations exist. In
State regulations. The compliance of federal facili-
such cases, water quality management principles
ties was further amplified by Executive Order
discussed herein shall be considered as a general
12088, Federal Compliance with Pollution Control
guide in establishing treatment requirements.
(4) Federal facilities coordinator. By execu-
Standards, whereby each executive agency is
required to obey pollution control laws and regu-
tive order of the President, the U.S. EPA main-
lations.
tains a national Federal facilities coordinator and
(1) Exemptions. The Act gives the President
staff to work with Federal facilities in the imple-
the authority to exempt any Federal effluent
mentation of the Clean Water Act. The coordina-
source from compliance if it is in the national
tor and his staff work in the Office of Program
interest to do so. However, no exemption may be
and Management Operations of the U.S. EPA
granted from new source performance standards
Office of Enforcement in Washington, D.C. In
and effluent standards for toxic pollutants, or
addition, a Federal facilities coordinator is located
from compliance with pretreatment standards for
in each U.S. EPA regional office.
c. Content of a permit. The NPDES permit
wastes going directly into municipal treatment
establishes specific effluent limitations which
systems. The President may not grant an exemp-
must be met by the discharger and places on the
tion because of a lack of funds to bring a Federal
discharger the obligation to report any cases of
facility into compliance unless he has specifically
non-compliance with these conditions to the per-
asked Congress for the funds and Congress has
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