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.
