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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.
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.
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.
California's pioneering clean water act is the 1969 Porter-Cologne Water Quality Control Act (Porter-Cologne Act). [5] Through the Porter-Cologne Act, the State Water Board and the Regional Water Boards have been entrusted with broad duties and powers to preserve and enhance all beneficial uses of the state's immensely complex waterscape.
Title 40 is a part of the United States Code of Federal Regulations.Title 40 arranges mainly environmental regulations that were promulgated by the US Environmental Protection Agency (EPA), based on the provisions of United States laws (statutes of the U.S. Federal Code).
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]
Entergy Corp. v. Riverkeeper, Inc., 556 U.S. 208 (2009), is a decision by the United States Supreme Court that reviewed the Environmental Protection Agency's (EPA) interpretation of the Clean Water Act regulations with regard to cooling water intakes for power plants.