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U.S. Code as of:
01/19/04
Section 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
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.
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