Section 401

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Clean Water Act, Section 401 and Porter Cologne Act, California Water Code Section 13000 et. Seq.

Required prior to USACE issuing a Department of the Army Permit for discharge activities under Section 404. Section 401 requires the State Water Board to certify that the proposed discharge does not violate state water quality standards. Activities that may affect the quality of the waters of the state are addressed through issuance of waste discharge requirements (WDRs) by the State Water Board.

  1. Identify Waters of the US and Waters of the State

  2. Draft and submit water quality certification application to the State Water Resources Control Board or appropriate Regional Board

  3. State Water Board issues certification (401 permit) and/or Waste Discharge Requirement

 
Section 401 of the Federal Clean Water Act and Waste Discharge Requirement under California’s Porter-Cologne Act Process Steps 1 through 3 Step 1: Identify Waters of the US and Waters of the State, Step 2: Draft and submit water quality certification application to the State Water Resources Control Board or appropriate Regional Board, Step 3: State Water Board issues certification (401 permit) and/or Waste Discharge Requirement State Water Board issues certification (401 permit) and/or Waste Discharge RequirementDraft and submit water quality certification application to the State Water Resources Control Board or appropriate Regional BoardIdentify Waters of the US andWaters of the State
List of numbers from 1-3