Sec. 3. Definitions
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/bill/114/s/1140/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this Act: The term Administrator means the Administrator of the Environmental Protection Agency. The term body of water means a traditional navigable water, territorial sea, river, stream, lake, pond, or wetlands. The term interstate waters means the water described in section 328.3(a)(2) of title 33, Code of Federal Regulations (as in effect on the day before the date of enactment of this Act). The term isolated , with respect to a body of water, means the absence of a surface hydrologic connection to a traditional navigable water.
The term municipality means a city, town, borough, county, parish, district, association, or other public entity that— was established by, or pursuant to, State law; and has authority over the distribution of water or the disposal of sewage, industrial waste, or any other waste. The term normal year means— the 30-year hydrologic normal, as that term is used by the Natural Resources Conservation Service of the Department of Agriculture, based on data from a specific geographic area; or if less than 30 years of data described in subparagraph
(A)are available, the average of the observed monthly data from a specific geographic area over the period of record. The term point source has the meaning given the term in section 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 ). The term public notice and an opportunity for comment means notice and opportunity for comment that meets the requirements of subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ). The term public notice and an opportunity for comment includes the opportunity for public hearings in different geographic regions with different hydrology, including separate meetings in the arid West. The term Secretary means the Secretary of the Army. The term stream means a natural channel formed by the flow of water that has a bed, bank, and ordinary high water mark (as defined in section 328.3(e) of title 33, Code of Federal Regulations (as in effect on the date of enactment of this Act)). The term surface hydrologic connection means a continuous surface connection through which water moves within a body of water or from 1 body of water to another. The term surface hydrologic connection does not include— overland flow of water outside a body of water (including sheetflow); or the movement of water through soil, subsurface tiles, or a groundwater aquifer. For purposes of this paragraph, a surface hydrologic connection shall be considered to be continuous if the connection is continuous, regardless of whether— water is not always present; and there is a break in the ordinary high water mark of a stream that is unrelated to the flow regime of the stream, including a break caused by a culvert, pipe, dam, or by the flow of the stream underground for a short distance, such as through a cave. The term traditional navigable water means the water described in section 328.3(a)(1) of title 33, Code of Federal Regulations (as in effect on the date of enactment of this Act). The term wetlands has the meaning given the term in section 328.3(b) of title 33, Code of Federal Regulations (as in effect on the date of enactment of this Act).
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U.S. Code