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<br />. <br /> <br />discharges be covered by NPDES perrnits28 containing "effluent limi- <br /> <br />tations. ,,29 The prohibition against discharging pollutants without a <br /> <br />permit extends to "any person,,30 and "person" is defined an "an indi- <br /> <br />. <br /> <br />~ <br />o <br />~ <br />N <br /> <br />vidual, corporation, partnership, association, State, municipality, <br /> <br />. <br /> <br />commission, or political subdivision of a State, or any interstate <br /> <br />31 <br />body. " <br /> <br />Although the federal government is not expressly included in the <br /> <br />. <br /> <br />definition of "person, " another provision states: <br /> <br />Each department, agency or instrumentality of the executive, <br />legislative, and judicial branches of the Federal Government <br />(1) having jurisdiction over any property or facility, or (2) <br />engaged in any activity resulting, or which may result, in <br />the discharge or runoff of pollutants shall comply with Federal, <br />State, interstate and local requirements respecting control <br />and abatement of pollution to the same extent that any ~erson <br />is subject to such requirements. . . [emphasis added] 2 <br /> <br />. <br /> <br />. <br /> <br />Presidential exemptions may be granted, however, where the "para~ <br /> <br />mount interest of the United States" so requires. <br /> <br />. <br /> <br />While PL 92-500 appears clearly to cover state and federal lands, <br /> <br />EPA is retaining NPDES jurisdiction over federal activities rather <br /> <br />than delegating that phase of the program to states. 33 The States of <br /> <br />. <br /> <br />California and Washington are currently contesting this EPA policy of <br /> <br />excluding from the states permit jurisdiction over federal activities <br /> <br />and a court ruling can be expected ultimately to resolve the issue. 34 <br /> <br />. <br /> <br />Problems Arising on Indian Reservations <br /> <br />An Indian tribe is treated as a municipality under PL 92_50035 <br /> <br />and a municipality, in turn, is regarded as a person, 36 which means, <br /> <br />. <br /> <br />. <br /> <br />6 <br />