Title 33Navigation and Navigable WatersRelease 119-73

§1362 Definitions

Title 33 › Chapter CHAPTER 26— - WATER POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER V— - GENERAL PROVISIONS › § 1362

Last updated Apr 6, 2026|Official source

Summary

Defines common words used in the chapter about water pollution control. State water pollution control agency — the state agency the Governor names to enforce state pollution laws. Interstate agency — a joint agency of two or more States set up under an agreement or compact approved by Congress, or another multi‑State body the Administrator approves, that has major pollution control duties. State — includes each State, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. Municipality — a city, town, county, parish, district, public body or similar entity that handles sewage or waste, or an Indian tribe, tribal organization, or an approved management agency. Person — an individual, company, partnership, association, State or local government body, commission, political subdivision, or interstate body. Pollutant — many kinds of waste and harmful materials (like sewage, chemical wastes, radioactive materials, heat, and similar discharges) but not sewage from vessels covered by the law about vessel discharges or certain oil/gas well injections that a State has approved and found will not harm water. Navigable waters — the waters of the United States, including the territorial seas. Territorial seas — the coastal sea belt measured from the ordinary low water line out to three miles. Contiguous zone — the zone the United States establishes under article 24 of the Territorial Sea and Contiguous Zone Convention. Ocean — the high seas beyond the contiguous zone. Effluent limitation — limits set by a State or the Administrator on amounts, rates, or concentrations of pollutants coming from point sources, including compliance schedules. Discharge of a pollutant(s) — adding any pollutant to navigable waters from a point source, or adding pollutants to the contiguous zone or ocean from a point source (except from vessels). Toxic pollutant — pollutants (including disease agents) that, based on available information, can cause death, disease, cancer, genetic or reproductive harm, behavioral or other serious biological problems. Point source — any clear, confined way pollutants can be discharged (like pipes, ditches, containers, certain animal feeding operations, vessels), but not agricultural stormwater discharges or return flows from irrigated agriculture. Biological monitoring — testing aquatic life and tissues to see the effects of discharges using proper sampling methods, places, and times. Discharge — includes discharges of a pollutant(s). Schedule of compliance — a timetable of enforceable steps to meet pollution limits or standards. Industrial user — manufacturing industries listed in the 1967 Standard Industrial Classification Manual (Division D) and other large waste producers the Administrator names. Pollution — human-caused changes to the chemical, physical, biological, or radiological quality of water. Medical waste — types of infectious or medical garbage (like isolation wastes, blood, sharps, body parts, contaminated bedding, surgical and lab wastes, dialysis wastes) and other medical items the Administrator may add. Coastal recreation waters — the Great Lakes and marine coastal waters that a State designates for swimming and similar activities; does not include inland waters or waters upstream of a river mouth that still connects naturally to the sea. Floatable material — things that float or stay suspended in water, such as plastic, aluminum cans, wood, bottles, and paper products. Pathogen indicator — a substance that shows a risk of human infectious disease. Oil and gas exploration/production operations or transmission facilities — all field work linked to exploration, production, processing, treatment, or transmission, including site prep and moving drilling equipment. Recreational vessel — a boat made or used mainly for pleasure, or rented for pleasure; does not include Coast Guard‑inspected vessels used for commercial work or carrying paying passengers. Treatment works — has the meaning given elsewhere in the law for wastewater treatment systems. Green infrastructure — methods using plants, soil, permeable surfaces, stormwater reuse, or landscaping to store, soak in, or evaporate stormwater and reduce flows to sewers or surface waters.

Full Legal Text

Title 33, §1362

Navigation and Navigable Waters — Source: USLM XML via OLRC

Except as otherwise specifically provided, when used in this chapter:
(1)The term “State water pollution control agency” means the State agency designated by the Governor having responsibility for enforcing State laws relating to the abatement of pollution.
(2)The term “interstate agency” means an agency of two or more States established by or pursuant to an agreement or compact approved by the Congress, or any other agency of two or more States, having substantial powers or duties pertaining to the control of pollution as determined and approved by the Administrator.
(3)The term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.
(4)The term “municipality” means a city, town, borough, county, parish, district, association, or other public body created by or pursuant to State law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 1288 of this title.
(5)The term “person” means an individual, corporation, partnership, association, State, municipality, commission, or political subdivision of a State, or any interstate body.
(6)The term “pollutant” means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. This term does not mean (A) “sewage from vessels or a discharge incidental to the normal operation of a vessel of the Armed Forces” within the meaning of section 1322 of this title; or (B) water, gas, or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil or gas production and disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by authority of the State in which the well is located, and if such State determines that such injection or disposal will not result in the degradation of ground or surface water resources.
(7)The term “navigable waters” means the waters of the United States, including the territorial seas.
(8)The term “territorial seas” means the belt of the seas measured from the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters, and extending seaward a distance of three miles.
(9)The term “contiguous zone” means the entire zone established or to be established by the United States under article 24 of the Convention of the Territorial Sea and the Contiguous Zone.
(10)The term “ocean” means any portion of the high seas beyond the contiguous zone.
(11)The term “effluent limitation” means any restriction established by a State or the Administrator on quantities, rates, and concentrations of chemical, physical, biological, and other constituents which are discharged from point sources into navigable waters, the waters of the contiguous zone, or the ocean, including schedules of compliance.
(12)The term “discharge of a pollutant” and the term “discharge of pollutants” each means (A) any addition of any pollutant to navigable waters from any point source, (B) any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft.
(13)The term “toxic pollutant” means those pollutants, or combinations of pollutants, including disease-causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will, on the basis of information available to the Administrator, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction) or physical deformations, in such organisms or their offspring.
(14)The term “point source” means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include agricultural stormwater discharges and return flows from irrigated agriculture.
(15)The term “biological monitoring” shall mean the determination of the effects on aquatic life, including accumulation of pollutants in tissue, in receiving waters due to the discharge of pollutants (A) by techniques and procedures, including sampling of organisms representative of appropriate levels of the food chain appropriate to the volume and the physical, chemical, and biological characteristics of the effluent, and (B) at appropriate frequencies and locations.
(16)The term “discharge” when used without qualification includes a discharge of a pollutant, and a discharge of pollutants.
(17)The term “schedule of compliance” means a schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with an effluent limitation, other limitation, prohibition, or standard.
(18)The term “industrial user” means those industries identified in the Standard Industrial Classification Manual, Bureau of the Budget, 1967, as amended and supplemented, under the category of “Division D—Manufacturing” and such other classes of significant waste producers as, by regulation, the Administrator deems appropriate.
(19)The term “pollution” means the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
(20)The term “medical waste” means isolation wastes; infectious agents; human blood and blood products; pathological wastes; sharps; body parts; contaminated bedding; surgical wastes and potentially contaminated laboratory wastes; dialysis wastes; and such additional medical items as the Administrator shall prescribe by regulation.
(21)(A)The term “coastal recreation waters” means—
(i)the Great Lakes; and
(ii)marine coastal waters (including coastal estuaries) that are designated under section 1313(c) of this title by a State for use for swimming, bathing, surfing, or similar water contact activities.
(B)The term “coastal recreation waters” does not include—
(i)inland waters; or
(ii)waters upstream of the mouth of a river or stream having an unimpaired natural connection with the open sea.
(22)(A)The term “floatable material” means any foreign matter that may float or remain suspended in the water column.
(B)The term “floatable material” includes—
(i)plastic;
(ii)aluminum cans;
(iii)wood products;
(iv)bottles; and
(v)paper products.
(23)The term “pathogen indicator” means a substance that indicates the potential for human infectious disease.
(24)The term “oil and gas exploration, production, processing, or treatment operations or transmission facilities” means all field activities or operations associated with exploration, production, processing, or treatment operations, or transmission facilities, including activities necessary to prepare a site for drilling and for the movement and placement of drilling equipment, whether or not such field activities or operations may be considered to be construction activities.
(25)(A)The term “recreational vessel” means any vessel that is—
(i)manufactured or used primarily for pleasure; or
(ii)leased, rented, or chartered to a person for the pleasure of that person.
(B)The term “recreational vessel” does not include a vessel that is subject to Coast Guard inspection and that—
(i)is engaged in commercial use; or
(ii)carries paying passengers.
(26)The term “treatment works” has the meaning given the term in section 1292 of this title.
(27)The term “green infrastructure” means the range of measures that use plant or soil systems, permeable pavement or other permeable surfaces or substrates, stormwater harvest and reuse, or landscaping to store, infiltrate, or evapotranspirate stormwater and reduce flows to sewer systems or to surface waters.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2019—Par. (27). Pub. L. 115–436 added par. (27). 2014—Par. (26). Pub. L. 113–121 added par. (26). 2008—Par. (25). Pub. L. 110–288 added par. (25). 2005—Par. (24). Pub. L. 109–58 added par. (24). 2000—Pars. (21) to (23). Pub. L. 106–284 added pars. (21) to (23). 1996—Par. (6)(A). Pub. L. 104–106 substituted “ ‘sewage from vessels or a discharge incidental to the normal operation of a vessel of the Armed Forces’ ” for “ ‘sewage from vessels’ ”. 1988—Par. (20). Pub. L. 100–688 added par. (20). 1987—Par. (3). Pub. L. 100–4, § 502(a), inserted “the Commonwealth of the Northern Mariana Islands,” after “Samoa,”. Par. (14). Pub. L. 100–4, § 503, inserted “agricultural stormwater discharges and” after “does not include”. 1977—Par. (14). Pub. L. 95–217 inserted provision that “point source” does not include return flows from irrigated agriculture.

Statutory Notes and Related Subsidiaries

Effective Date

of 2014 AmendmentAmendment by Pub. L. 113–121 effective Oct. 1, 2014, see section 5012(c) of Pub. L. 113–121, set out as a note under section 1292 of this title. Definition of “Point Source” Pub. L. 100–4, title V, § 507, Feb. 4, 1987, 101 Stat. 78, provided that: “For purposes of the Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.], the term ‘point source’ includes a landfill leachate collection system.”

Executive Documents

Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. Territorial Sea and Contiguous Zone of United States For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes under section 1331 of Title 43, Public Lands.

Reference

Citations & Metadata

Citation

33 U.S.C. § 1362

Title 33Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73