40 CFR § 257.3-3 - Surface water.

---
identifier: "/us/cfr/t40/s257.3-3"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 257.3-3 - Surface water."
title_number: 40
title_name: "Protection of Environment"
section_number: "257.3-3"
section_name: "Surface water."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "I"
subchapter_name: "SOLID WASTES"
part_number: "257"
part_name: "CRITERIA FOR CLASSIFICATION OF SOLID WASTE DISPOSAL FACILITIES AND PRACTICES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 6907(a)(3), 6912(a)(1), 6927, 6944, 6945(a) and (d); 33 U.S.C. 1345(d) and (e)."
regulatory_source: "44 FR 53460, Sept. 13, 1979, unless otherwise noted."
cfr_part: "257"
---


# 257.3-3 Surface water.

(a) For purposes of section 4004(a) of the Act, a facility shall not cause a discharge of pollutants into waters of the United States that is in violation of the requirements of the National Pollutant Discharge Elimination System (NPDES) under section 402 of the Clean Water Act, as amended.

(b) For purposes of section 4004(a) of the Act, a facility shall not cause a discharge of dredged material or fill material to waters of the United States that is in violation of the requirements under section 404 of the Clean Water Act, as amended.

(c) A facility or practice shall not cause non-point source pollution of waters of the United States that violates applicable legal requirements implementing an areawide or Statewide water quality management plan that has been approved by the Administrator under section 208 of the Clean Water Act, as amended.

(d) Definitions of the terms *Discharge of dredged material, Point source, Pollutant, Waters of the United States,* and *Wetlands* can be found in the Clean Water Act, as amended, 33 U.S.C. 1251 *et seq.*, and implementing regulations, specifically 33 CFR part 323 (42 FR 37122, July 19, 1977).

[44 FR 53460, Sept. 13, 1979, as amended at 46 FR 47052, Sept. 23, 1981]