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In recent years, most states have used CWA section 401 water quality certification programs in addition to or in lieu of specific regulatory statutes. Section 401 requires that before a federal permit or license is issued, states must certify that the project complies with water quality standards.
The Court ruled that section 401 state certification requirements apply to hydroelectric dams, which are federally licensed, where the dams cause a discharge into navigable waters. [114] Rapanos v. United States 547 U.S. 715 (2006).
The license for that activity is conditioned on a certification from the State in which the discharge may originate that it will not violate certain water quality standards, including those set by the State's own laws. That requirement was subsequently included in section 401 of the Clean Water Act. [2]
The company applied for this latter permit and received authorization from the Corps to dump the tailings into Lower Slate Lake. The Southeast Alaska Conservation Council contended that disposal of the tailings is explicitly banned by section 306(e) of the Clean Water Act, and would therefore make Coeur Alaska ineligible for a NPDES permit.
New Source Performance Standards (NSPS) are pollution control standards issued by the United States Environmental Protection Agency (EPA). The term is used in the Clean Air Act Extension of 1970 (CAA) to refer to air pollution emission standards, and in the Clean Water Act (CWA) referring to standards for water pollution discharges of industrial wastewater to surface waters.
This anti-inflammatory smoothie draws its bright tropical flavor from frozen passion fruit pieces available in the frozen fruit section of well-stocked supermarkets or natural-foods stores.
The Court decided that a state can impose restrictions through water quality certification under Section 401 of the Clean Water Act. The terms and conditions of a federal license will incorporate the terms and conditions of the state's certification. [19]
Make one of these vegetarian casseroles for a healthy and delicious main or side dish. Low in calories and high in fiber and/or protein, these casseroles can help support healthy weight loss if ...