Clean Water Act (CWA) Section 401
Under federal Clean Water Act (CWA) section 401 every applicant for a federal permit or license for any activity which may result in a discharge to a water body must obtain State Water Quality Certification (Certification) that the proposed activity will comply with state water quality standards. Most Certifications are issued in connection with U.S. Army Corps of Engineer (Corps) CWA section 404 permits for dredge and fill discharges.
Available Documents
- 401 Water Quality Certification General Information Sheet
- 401 Water Quality Certification Processing Time Lines
- Instructions for Completing the 401 Water Quality Certification Application (10/09/07)
- Application for 401 Water Quality Certification (10/09/07)
- Water Quality Certification for Discharges of Dredge or Fill Materials Under CWA Section 401
- Dredge and Fill Fee Calculator (Excel Spreadsheet)
- Section 401 Water Quality Certificatiion Public Notices
- The State Water Resources Control Board revised State regulations for the 401 Water Quality Certification Program; these revisions went into effect on June 24, 2000. The revised regulations [23 CCR § 3830-3869] may be found at http://www.waterboards.ca.gov/laws_regulations/ or http://www.calregs.com/.
Section 3858 (a) states "The executive director or the executive officer with whom an application for certification is filed shall provide public notice of an application at least twenty one (21) days before taking certification action on the application, unless the public notice requirement has been adequately satisfied by the applicant or federal agency. If the applicant or federal agency provides public notice, it shall be in a manner and to an extent fully equivalent to that normally provided by the certifying agency. If an emergency requires that certification be issued in less than 21 days, public notice shall be provided as much in advance of issuance as possible, but no later than simultaneously with issuance of certification."
Last Updated 06/12/08 - Pending Water Quality Certification Applications (Adobe PDF format) - This link provides access to selected information on pending 401 applications, which are currently being reviewed for consideration of Water Quality Certification under Section 401 of the Clean Water Act. The public has 21 days from the date posted to comment on projects currently under review by the Regional Board staff. If you wish to be informed of the status and/or final certification action on any of these projects and/or further information, please contact Tobi Tyler at (530) 542-5435 for projects in the northern region (WDIDs beginning with 6A) or Cindi Mitton at (760) 241-7413 for projects in the southern region (WDIDs beginning with 6B).
Project descriptions included here are provided by the applicant.
We encourage public input during the certification process. Comments on any of these projects may be submitted in writing to:
- (for projects in the northern region)
Lahontan Regional Water Quality Control Board
2501 Lake Tahoe Blvd.
South Lake Tahoe, CA 96150-7704
Attn: 401 Certification Unit
- (for projects in the southern region)
Lahontan Regional Water Quality Control Board
1440 Civic Drive, Suite 200
Victorville, CA 92392
Attn: 401 Certification Unit