APPENDIX
APPENDIX
APPENDIX
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
17a<br />
exempting several kinds of discharges from the<br />
NPDES permit program. Exempted discharges included<br />
discharges from storm sewers composed entirely<br />
of storm runoff uncontaminated by industrial<br />
or commercial activity, discharges from relatively<br />
small animal confinement facilities, discharges from<br />
silvicultural activities, and irrigation return flow<br />
from point sources where the flow was from less than<br />
3000 acres. The exemption for discharges from silvicultural<br />
activities provided:<br />
The following do not require an NPDES permit:<br />
...<br />
(j) Discharges of pollutants from agricultural<br />
and silvicultural activities, including irrigation<br />
return flow and runoff from orchards,<br />
cultivated crops, pastures, rangelands,<br />
and forest lands, except that this exclusion<br />
shall not apply to the following:<br />
...<br />
(5) Discharges from any agricultural or<br />
silvicultural activity which have been<br />
identified by the Regional Administrator of<br />
the Director of the State water pollution<br />
control agency or interstate agency as a<br />
significant contributor of pollution.<br />
40 C.F.R. § 125.4 (1975). The Natural Resources Defense<br />
Council challenged the regulations as inconsistent<br />
with the statute. See Natural Res. Def. Council<br />
v. Train, 396 F. Supp. 1393 (D.D.C. 1975).<br />
EPA defended the challenged regulations on the<br />
ground “that the exempted categories of sources are<br />
ones which fall within the definition of point source<br />
but which are ill-suited for inclusion in a permit pro-