Compare a discharge with the NPDES permit
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the permit and the discharge the lawyer describes, table the point source, the water the discharge goes to, and the discharge the permit says it covers. Record whether the permit is an individual permit or coverage under a general permit. Do not say an offence has been committed.
- What the lawyer must review
- The lawyer decides whether a permit is required and whether this permit covers this discharge. Section 1311(a) of title 33 says that, except as in compliance with that section and sections 1312, 1316, 1317, 1328, 1342, and 1344, the discharge of any pollutant by any person shall be unlawful. Section 1342(a) says the Administrator may, after opportunity for public hearing, issue a permit for the discharge of any pollutant. The EPA page says the Act prohibits anybody from discharging pollutants through a point source into a water of the United States unless they have an NPDES permit, and that the permit sets limits and monitoring for that discharge. A point source is a discernible, confined and discrete conveyance. Agricultural stormwater and irrigation return flows are not point sources. A discharge to a municipal sanitary sewer does not need an NPDES permit. A discharge to a municipal storm sewer may. An authorised state or EPA issues the permit. The page says a permit term may not be longer than five years. Section 1342(b)(1)(B) says state permits are for fixed terms not exceeding five years.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm the appropriate instructions, permissions and cultural context with the relevant people before using information or communicating the result.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.