§ 1341. — Certification.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1341]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER IV--PERMITS AND LICENSES
Sec. 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.
(June 30, 1948, ch. 758, title IV, Sec. 401, as added Pub. L. 92-500,
Sec. 2, Oct. 18, 1972, 86 Stat. 877; amended Pub. L. 95-217,
Secs. 61(b), 64, Dec. 27, 1977, 91 Stat. 1598, 1599.)
Amendments
1977--Subsec. (a). Pub. L. 95-217 inserted reference to section 1313
of this title in pars. (1), (3), (4), and (5), struck out par. (6) which
provided that no Federal agency be deemed an applicant for purposes of
this subsection, and redesignated par. (7) as (6).
Section Referred to in Other Sections
This section is referred to in sections 1314, 1365, 1371, 1377,
2326a of this title.
