33 USC 1341 Navigation and Navigable Waters

From the U.S. Code Online via GPO Access

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[Laws in effect as of January 3, 2007]

[CITE: 33USC1341]

[Page 446-448]

TITLE 33--NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER IV--PERMITS AND LICENSES

Sec. 1341. Certification

(a) Compliance with applicable requirements; application; procedures;

license suspension

(1) Any applicant for a Federal license or permit to conduct any

activity including, but not limited to, the construction or operation of

facilities, which may result in any discharge into the navigable waters,

shall provide the licensing or permitting agency a certification from

the State in which the discharge originates or will originate, or, if

appropriate, from the interstate water pollution control agency having

jurisdiction over the navigable waters at the point where the discharge

originates or will originate, that any such discharge will comply with

the applicable provisions of sections 1311, 1312, 1313, 1316, and 1317

of this title. In the case of any such activity for which there is not

an applicable effluent limitation or other limitation under sections

1311(b) and 1312 of this title, and there is not an applicable standard

under sections 1316 and 1317 of this title, the State shall so certify,

except that any such certification shall not be deemed to satisfy

section 1371(c) of this title. Such State or interstate agency shall

establish procedures for public notice in the case of all applications

for certification by it and, to the extent it deems appropriate,

procedures for public hearings in connection with specific applications.

In any case where a State or interstate agency has no authority to give

such a certification, such certification shall be from the

Administrator. If the State, interstate agency, or Administrator, as the

case may be, fails or refuses to act on a request for certification,

within a reasonable period of time (which shall not exceed one year)

after receipt of such request, the certification requirements of this

subsection shall be waived with respect to such Federal application. No

license or permit shall be granted until the certification required by

this section has been obtained or has been waived as provided in the

preceding sentence. No license or permit shall be granted if

certification has been denied by the State, interstate agency, or the

Administrator, as the case may be.

(2) Upon receipt of such application and certification the licensing

or permitting agency shall immediately notify the Administrator of such

application and certification. Whenever such a discharge may affect, as

determined by the Administrator, the quality of the waters of any other

State, the Administrator within thirty days of the date of notice of

application for such Federal license or permit shall so notify such

other State, the licensing or permitting agency, and the applicant. If,

within sixty days after receipt of such notification, such other State

determines that such discharge will affect the quality of its waters so

as to violate any water quality requirements in such State, and within

such sixty-day period notifies the Administrator and the licensing or

permitting agency in writing of its objection to the issuance of such

license or permit and requests a public hearing on such objection, the

licensing or permitting agency shall hold such a hearing. The

Administrator shall at such hearing submit his evaluation and

recommendations with respect to any such objection to the licensing or

permitting agency. Such agency, based upon the recommendations of such

State, the Administrator, and upon any additional evidence, if any,

presented to the agency at the hearing, shall condition such license or

permit in such manner as may be necessary to insure compliance with

applicable water quality requirements. If the imposition of conditions

cannot insure such compliance such agency shall not issue such license

or permit.

(3) The certification obtained pursuant to paragraph (1) of this

subsection with respect to the construction of any facility shall

fulfill the requirements of this subsection with respect to

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certification in connection with any other Federal license or permit

required for the operation of such facility unless, after notice to the

certifying State, agency, or Administrator, as the case may be, which

shall be given by the Federal agency to whom application is made for

such operating license or permit, the State, or if appropriate, the

interstate agency or the Administrator, notifies such agency within

sixty days after receipt of such notice that there is no longer

reasonable assurance that there will be compliance with the applicable

provisions of sections 1311, 1312, 1313, 1316, and 1317 of this title

because of changes since the construction license or permit

certification was issued in (A) the construction or operation of the

facility, (B) the characteristics of the waters into which such

discharge is made, (C) the water quality criteria applicable to such

waters or (D) applicable effluent limitations or other requirements.

This paragraph shall be inapplicable in any case where the applicant for

such operating license or permit has failed to provide the certifying

State, or, if appropriate, the interstate agency or the Administrator,

with notice of any proposed changes in the construction or operation of

the facility with respect to which a construction license or permit has

been granted, which changes may result in violation of section 1311,

1312, 1313, 1316, or 1317 of this title.

(4) Prior to the initial operation of any federally licensed or

permitted facility or activity which may result in any discharge into

the navigable waters and with respect to which a certification has been

obtained pursuant to paragraph (1) of this subsection, which facility or

activity is not subject to a Federal operating license or permit, the

licensee or permittee shall provide an opportunity for such certifying

State, or, if appropriate, the interstate agency or the Administrator to

review the manner in which the facility or activity shall be operated or

conducted for the purposes of assuring that applicable effluent

limitations or other limitations or other applicable water quality

requirements will not be violated. Upon notification by the certifying

State, or if appropriate, the interstate agency or the Administrator

that the operation of any such federally licensed or permitted facility

or activity will violate applicable effluent limitations or other

limitations or other water quality requirements such Federal agency may,

after public hearing, suspend such license or permit. If such license or

permit is suspended, it shall remain suspended until notification is

received from the certifying State, agency, or Administrator, as the

case may be, that there is reasonable assurance that such facility or

activity will not violate the applicable provisions of section 1311,

1312, 1313, 1316, or 1317 of this title.

(5) Any Federal license or permit with respect to which a

certification has been obtained under paragraph (1) of this subsection

may be suspended or revoked by the Federal agency issuing such license

or permit upon the entering of a judgment under this chapter that such

facility or activity has been operated in violation of the applicable

provisions of section 1311, 1312, 1313, 1316, or 1317 of this title.

(6) Except with respect to a permit issued under section 1342 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

permit issued without certification shall terminate April 3, 1973,

unless prior to such termination date the person having such license or

permit submits to the Federal agency which issued such license or permit

a certification and otherwise meets the requirements of this section.

(b) Compliance with other provisions of law setting applicable water

quality requirements

Nothing in this section shall be construed to limit the authority of

any department or agency pursuant to any other provision of law to

require compliance with any applicable water quality requirements. The

Administrator shall, upon the request of any Federal department or

agency, or State or interstate agency, or applicant, provide, for the

purpose of this section, any relevant information on applicable effluent

limitations, or other limitations, standards, regulations, or

requirements, or water quality criteria, and shall, when requested by

any such department or agency or State or interstate agency, or

applicant, comment on any methods to comply with such limitations,

standards, regulations, requirements, or criteria.

(c) Authority of Secretary of the Army to permit use of spoil disposal

areas by Federal licensees or permittees

In order to implement the provisions of this section, the Secretary

of the Army, acting through the Chief of Engineers, is authorized, if he

deems it to be in the public interest, to permit the use of spoil

disposal areas under his jurisdiction by Federal licensees or

permittees, and to make an appropriate charge for such use. Moneys

received from such licensees or permittees shall be deposited in the

Treasury as miscellaneous receipts.

(d) Limitations and monitoring requirements of certification

Any certification provided under this section shall set forth any

effluent limitations and other limitations, and monitoring requirements

necessary to assure that any applicant for a Federal license or permit

will comply with any applicable effluent limitations and other

limitations, under section 1311 or 1312 of this title, standard of

performance under section 1316 of this title, or prohibition, effluent

standard, or pretreatment standard under section 1317 of this title, and

with any other appropriate requirement of State law set forth in such

certification, and shall become a condition on any Federal license or

permit subject to the provisions of this section.

(June 30, 1948, ch. 758, title IV, Sec. 401, as added Pub. L. 92-500,

Sec. 2, Oct. 18, 1972, 86 Stat. 877; amended Pub. L. 95-217,

Secs. 61(b), 64, Dec. 27, 1977, 91 Stat. 1598, 1599.)

Amendments

1977--Subsec. (a). Pub. L. 95-217 inserted reference to section 1313

of this title in pars. (1), (3), (4), and (5), struck out par. (6) which

provided that no Federal

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agency be deemed an applicant for purposes of this subsection, and

redesignated par. (7) as (6).