Section 309.105  Authority to Deny NPDES Permits

No NPDES Permit may be  issued in any case in which:

a)         The permit would authorize the discharge of a radiological, chemical or biological warfare agent or high-level radioactive waste;

b)         The discharge would, in the judgment of the Secretary of the Army acting through the Chief of Engineers, result in the substantial impairment of anchorage and navigation;

c)         The proposed permit is objected  to in writing by the Administrator of the U.S. Environmental Protection Agency pursuant to any right to object given to the Administrator under Section 402(d) of the CWA;

d)         The permit would authorize a discharge from a point source which is in conflict with a plan approved under Section 208(b) of the CWA; or

e)         The applicant has not provided proof to the Agency that he will meet any schedule of compliance which may be established, in accordance with the Act and regulations, as a condition of his permit.