Section 401 Permit

Clean water act section 402 and 404 permits in non delegated states federal energy regulatory commission ferc licenses for hydropower facilities and natural gas pipelines and.

Section 401 permit. Conditions of the section 401 certification become conditions of the federal permit or license. The section 401 certification can cover both the construction and operation of a proposed project. Army corps of engineers permit for the discharge of dredged or fill material result in a discharge to waters or wetlands so scdhec must take certification action on all 404.

All activities requiring a federal 404 permit a u s. 6 except with respect to a permit issued under section 402 of this title in any case where actual construction of a facility has been lawfully commenced prior to april 3 1970 no certification shall be required under this subsection for a license or permit issued after april 3 1970 to operate such facility except that any such license or. This certification must state that applicable effluent limits and water quality standards will not be violated.

Any conditions state or tribal governments set then become conditions of a federal permit or license. Rivers and harbors act section 9 and 10 permits. Under section 401 of the clean water act federal agencies cannot issue a license or permit before a state makes a determination on a water quality certification request.

Section 401 of the clean water act cwa requires that an applicant for a federal license or permit provide a certification that any discharges from the facility will comply with the act including state established water quality standard requirements.