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Section 401 Water Quality Certification Fee

Effective June 24, 2000

Section 401 of the Clean Water Act delegates to states the authority to certify that discharges requiring a federal permit comply with state and federal water quality standards and with state laws. Pursuant to Title 23, California Code of Regulations (23 CCR) Section 3838, regional boards and their executive officers are authorized to take water quality certification action on applications for such certification within their region of jurisdiction. 23 CCR Sections 2200(e) and 3833(b)(2) prescribe the following fees for certification of activities that may involve a discharge of dredged or fill material:
  1. All applications for certification must include an initial deposit of $500.

  2. The total fee, including deposit, for issuing standard certification, as defined in 23 CCR 3831(p), shall be $500. (Note, if $500 does not cover the costs incurred by a regional board to issue a certification, the appropriate fee will be determined from items 4 or 5 below.)

  3. The total fee, including deposit, for any other certification action, including a conditional certification, shall be determined from items 4 or 5 below.

  4. The total fee, including deposit, for issuing a certification action for fill:
    • One acre or less, total fee of $1,000
    • More than one acre, $1,000 per acre or part thereof, to a maximum of $10,000

  5. The total fee, including deposit, for issuing a certification action for dredging:
    • Less than 10,000 cubic yards, total fee of $500
    • 10,000 to 20,000 cubic yards, total fee of $2,000
    • More than 20,000 cubic yards, $2,000 plus $250 for each additional 5,000 cubic yards or part thereof, to a maximum of $10,000
Whenever certification of a federal general license or permit requires the permittee to send a notice to the Regional Board of its intent to proceed with the permitted activity, that permittee shall provide the Regional Board a fee of $60.

All fees should be made payable to the State Water Resources Control Board and shall be submitted to the address above,
Attn: Nonpoint Source Unit.