---
title: "Compare a discharge with the NPDES permit"
url: "https://ailawframework.com/practice/planning-and-environment/compare-a-premises-based-activity-with-the-environment-protection-licenc/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A12-FL20261022-3-US"
practice_area: "Planning & Environment"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Compare a discharge with the NPDES permit

> 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.…

Canonical page: https://ailawframework.com/practice/planning-and-environment/compare-a-premises-based-activity-with-the-environment-protection-licenc/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Planning & Environment](https://ailawframework.com/practice/planning-and-environment.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Compare a premises-based activity with the environment protection licence](https://ailawframework.com/practice/planning-and-environment/compare-a-premises-based-activity-with-the-environment-protection-licenc.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The current geographic scope of waters of the United States was not opened as a separate rule.
- EPA is not the permitting authority in every state. The page lists where EPA alone issues permits. Do not treat an air or waste licence as an NPDES permit.

## Sources

- [33 USC 1311, effluent limitations](https://www.law.cornell.edu/uscode/text/33/1311) (checked 2026-10-22)
- [33 USC 1342, National Pollutant Discharge Elimination System](https://www.law.cornell.edu/uscode/text/33/1342) (checked 2026-10-22)
- [EPA, NPDES permit basics, updated 22 July 2026](https://www.epa.gov/npdes/npdes-permit-basics) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*