Title 33 — Navigation and Navigable WatersRelease 119-73

§1370 State authority

Title 33 › Chapter CHAPTER 26— - WATER POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER V— - GENERAL PROVISIONS › § 1370

Last updated Apr 6, 2026|Official source

Summary

States, local governments, and agencies that work across states can make and enforce their own rules about pollution and limits on discharges, unless this chapter says otherwise. If a federal discharge, effluent, pretreatment, or performance standard is already in effect under this chapter, a State or local government cannot set a weaker standard. States also keep their rights and jurisdiction over their waters, including boundary waters.

Full Legal Text

Title 33, §1370

Navigation and Navigable Waters — Source: USLM XML via OLRC

Except as expressly provided in this chapter, nothing in this chapter shall (1) preclude or deny the right of any State or political subdivision thereof or interstate agency to adopt or enforce (A) any standard or limitation respecting discharges of pollutants, or (B) any requirement respecting control or abatement of pollution; except that if an effluent limitation, or other limitation, effluent standard, prohibition, pretreatment standard, or standard of performance is in effect under this chapter, such State or political subdivision or interstate agency may not adopt or enforce any effluent limitation, or other limitation, effluent standard, prohibition, pretreatment standard, or standard of performance which is less stringent than the effluent limitation, or other limitation, effluent standard, prohibition, pretreatment standard, or standard of performance under this chapter; or (2) be construed as impairing or in any manner affecting any right or jurisdiction of the States with respect to the waters (including boundary waters) of such States.

Reference

Citations & Metadata

Citation

33 U.S.C. § 1370

Title 33 — Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73