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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 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 Clean Water Act (CWA) ... The Court ruled that section 401 state certification requirements apply to hydroelectric dams, which are federally licensed, ...
All water quality trading programs are subject to the requirements of the Clean Water Act. [45] The Trading Policy outlines basic ground rules for trading by specifying viable pollutants, how to set baselines, and detailing the components of credible trading programs. It also stipulates that trades must occur within the same watershed. [45]
Washington's minimum stream flow requirement is a permissible condition of a §401 certification. The State may impose requirements to ensure that activities which may result in a discharge into the navigable waters will comply with state water quality standards. Affirmed 121 Wash. 2d 179, 849 P. 2d 646. Court membership; Chief Justice William ...
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.
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.
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]