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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 Clean Water Act (CWA) ... The Court ruled that section 401 state certification requirements apply to hydroelectric dams, which are federally licensed, ...
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]
Washington Department of Ecology, 511 U.S. 700 (1994), is a case decided by the United States Supreme Court that interpreted section 401 of the Clean Water Act. The case involved an application by the Jefferson County Public Utility District and Tacoma City Light in northwestern Washington to build a hydropower facility on the Dosewallips River ...
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.
The middle section of the Triangle Expressway, N.C. 540, will open across southern Wake County this summer. The final leg, from between Interstates 40 and 87 on the east side, is scheduled to be ...
The Porter-Cologne Act (California Water Code, Section 7) was created in 1969 and is the law that governs water quality regulation in California. The legislation bears the names of legislators Carley V. Porter and Gordon Cologne. [1] It was established to be a program to protect water quality as well as beneficial uses of water.
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]