Title 33, Navigation and Navigable WatersRelease 119-110

§1362 Definitions

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

Last updated Sep 22, 2026|Official source

Summary

It gives plain meanings for many words used in the chapter. State water pollution control agency — the state agency the Governor picks to enforce state pollution laws. Interstate agency — an agency made by two or more States under an agreement Congress approved, or another multi-State agency with pollution control powers the Administrator approves. State — includes each State, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. Municipality — a city, town, county, parish, district, public body created by state law, an Indian tribe or tribal group, or an approved management agency that handles sewage or waste. Person — an individual, company, partnership, association, State, municipality, commission, political subdivision, or interstate body. Pollutant — many kinds of waste and materials that can enter water (for example, sewage, industrial wastes, chemical and biological wastes, radioactive material, heat, and dumped debris); it does not include (A) certain sewage from vessels as defined in section 1322, or (B) fluids injected into or disposed of in oil or gas wells if the State approves the well and finds the injection won’t harm ground or surface water. Navigable waters — waters of the United States, including the territorial seas. Territorial seas — the coastal water belt measured from the 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 — any part of the high seas beyond the contiguous zone. Effluent limitation — a limit set by a State or the Administrator on how much of certain pollutants can be discharged from point sources, including schedules to meet the limits. Discharge of a pollutant(s) — adding pollutants to navigable waters from a point source, or adding pollutants to the contiguous zone or ocean from a point source other than a vessel. Toxic pollutant — pollutants (including disease-causing agents) that, based on available information, can cause death, disease, cancer, genetic or reproductive harm, or deformities in organisms or their offspring. Point source — any clear, confined conduit like a pipe, ditch, channel, tunnel, well, container, certain animal feeding operations, vessel, or other floating craft that can discharge pollutants; it does not include agricultural stormwater or return flows from irrigated agriculture. Biological monitoring — checking how discharges affect aquatic life, including pollutant buildup in tissue, using appropriate sampling methods, places, and timing. Discharge (without qualification) — includes discharges of a pollutant or pollutants. Schedule of compliance — a set of required steps and timing that must be followed to meet limits or standards. Industrial user — manufacturing industries and other major waste producers the Administrator identifies by rule. Pollution — human-caused changes to the chemical, physical, biological, or radiological quality of water. Medical waste — items such as isolation wastes, infectious agents, blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical and certain lab wastes, dialysis wastes, and other items the Administrator adds by rule. Coastal recreation waters — the Great Lakes and marine coastal waters (including estuaries) that a State designates under section 1313(c) for swimming, bathing, surfing, or similar activities; this does not include inland waters or waters upstream of a river mouth that still connect naturally to the open sea. Floatable material — any foreign matter that floats or stays suspended in the water column, including plastic, aluminum cans, wood products, bottles, and paper products. Pathogen indicator — a substance that shows there may be infectious disease risk to people. Oil and gas exploration and production — all field activities tied to exploration, production, processing, treatment, or transmission facilities, including site preparation and moving drilling equipment. Recreational vessel — a boat made or used mainly for pleasure, or rented for a person’s pleasure; it does not include Coast Guard–inspected vessels used for commercial purposes or carrying paying passengers. Treatment works — defined in section 1292. Green infrastructure — measures 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)Coastal recreation waters.—
(A)In general.—
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)Exclusions.—
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)Floatable material.—
(A)In general.—
The term “floatable material” means any foreign matter that may float or remain suspended in the water column.
(B)Inclusions.—
The term “floatable material” includes—
(i)plastic;
(ii)aluminum cans;
(iii)wood products;
(iv)bottles; and
(v)paper products.
(23)Pathogen indicator.— (24) Oil and gas exploration and production.—
The term “pathogen indicator” means a substance that indicates the potential for human infectious disease.
(25)Recreational vessel.—
(A)In general.—
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)Exclusion.—
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)Treatment works.—
The term “treatment works” has the meaning given the term in section 1292 of this title.
(27)Green infrastructure.—
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 33, Navigation and Navigable Waters

Last Updated

Sep 22, 2026

Release point: 119-110