The basis of the cwa was enacted in 1948 and was called the federal water pollution control act, but the act was significantly reorganized and expanded in 1972. The secretary may issue permits, after notice and opportunity for public hearings for the discharge of dredged or. Sand and gravel mining in oklahoma waterways guidelines for operators clean water act, section 404 effective date. Activities in waters of the united states regulated under this program include fill for development, water resource projects such as dams and levees, infrastructure.
For the purpose of this section, the administrator is authorized to make joint investigations with any such agencies of the condition of any. This pdf file was adapted from an online training module of the epas watershed academy web, found at. May 20, 2010 authorities section 404 of the clean water act cwa requires that discharges of dredged or fill material into waters of the united states be authorized by a permit from the u. Information about the clean water act permitting program for dredge or fill material into waters of the us, including roles, 401 certification of permits, statetribal assumption of 404 program, mitigation requirements, regulations. This council on environmental quality memorandum establishes procedures for coordinating agency views and formulating administration policy prior to requesting congressional action on projects that may be subject to section 404r of the clean water act. An overview of the law that serves to restore and maintain the integrity of the nations waters companion resource pdf, 240 kb. Clean water act section 404c regulations section 404. The 404b1 guidelines included in title 40 of the code of federal regulations, part 230, provide the substantive criteria used in evaluating discharges of dredged or fill material in waters of the united states u. When this sentence is made part of an eis, discharges are subject to the section 404 permit requirements or to future authorizations or appropriations with the application of section 404r.
When this sentence is made part of an eis, discharges are subject to the section 404 permit requirements or to future authorizations or appropriations with the application of section 404 r. Clean water act section 404 compliance and the nationwide permit program by tim jordan, senior biologistpermits coordinator proponents of construction, utility, or development projects that include disturbance within streams, including the typical ephemeral variety found throughout the american southwest, are required to conduct the stream. The district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such an effluent standard or limitation, or such an order, or to order the administrator to perform such act or duty, as the case may be, and to apply any appropriate civil penalties under section 19d of this title. Activities in waters of the united states regulated under this program include fill for development, water resource projects such as dams and levees, infrastructure development such as highways and airports and mining projects. Entergy must obtain authorization from the corps in order to proceed with any activities governed by these statutes at the bayou aux carpes cwa section 404 c site. Clean water act section 404 program assumption association of. Activities in waters of the united states that are regulated under this program include fills for development, water resource. Army corps of engineers cwa section 404 or other federal permit, then the regional water quality control board will regulate the project and associated activities through a water quality certification 401. This letter constitutes a 60day notice of intent to file a citizen suit against epa pursuant to section 505 of the cwa, 33 u.
This video explains the clean water act as it applies to the regulatory process for the u. The clean water act cwa is the primary federal law in the united states governing water. Overview of clean water act section 404 section 404 of. Section 404 of the cwa is the primary federal provision regulating wetlands.
Any activity with respect to which a state has an approved program under section 208b4 of the cwa which. Overview of section 404 section 404 of the clean water. Federalaid essentials for local public agencies general permits are a form of permit used to authorize specific activities determined to have no. These criteria are applicable to all 404 permit decisions. Section 404 of the clean water act an overview of the law that serves to restore and maintain the integrity of the nations waters companion resource pdf, 240 kb. Clean water act section 404clean water act section 404. Dec 09, 2010 this video explains the clean water act as it applies to the regulatory process for the u. The 404 b1 guidelines included in title 40 of the code of federal regulations, part 230, provide the substantive criteria used in evaluating discharges of dredged or fill material in waters of the united states u. Sep 15, 2016 see epas about pdf page to learn more. National environmental policy act and clean water act. The steepest hurdle in obtaining a clean water act section 404 permit. Section 404f1 does not provide a total automatic exemption for all activities related to agricultural, silvicultural, ranching, mining and maintenance practices. Among other things, krrc will seek approval from the acoe under clean water act section 404a. Guidance on applying section 404r of the clean water act.
The relevant exceptions allowed for under the clean water act are the discharge of dredged and fill material into navigable waters pursuant to section 404 or the discharge of any pollutant to navigable waters from any point source pursuant to section 402 of the clean water act. Clean water act permitting cwa section 402 primarily administered by epa or authorized states. Clean water act cwa or act establishes the basic structure for regulating discharges of pollutants into u. May 20, 2010 sand and gravel mining in oklahoma waterways guidelines for operators clean water act, section 404 effective date. Activities in waters of the united states regulated under this program include fill for development, water resource projects. Clean water act section 404c regulations pdf 8 pp, 23 k contact us to ask a question, provide feedback, or report a problem. Clean water act section 404c veto authority factsheet. Swampbuster in the food security act by united states. A snapshot of the clean water act provisions, as expressed in the amended law, is available in its entirety or by title from the listings below in portable document file pdf format. Section 404 of the clean water act environment federalaid. This version depicts the law as of november 27, 2002. Permit program under cwa section 404 section 404 of the. You may need a pdf reader to view some of the files on this page.
Activities in waters of the united states regulated under this program include fill for development, water resource projects such as dams and levees, infrastructure development such as highways and airports and. Documents associated with the 2015 clean water rule. Clean water act section 404q factsheet section 404 of. Section 404 of the clean water act codified at 33 usc 44 authorizes the regulation of the. Section 404 of cwa regulates the discharge of dredged or fill material into. The epa guidelines on exempted 404 activities provide that conversion of section 404 wetland to a nonwetland is a change in use. Clean water laws, regulations, and executive orders related to. Minnesota federal clean water act section 404 permit. Clean water act section 4040f exceptions 59 suit in a conversion of the land from its wetland character. Section 404 of the cleansection 404 of the clean water act. Section 404 of the clean water act an overview of the law that serves to restore and maintain the integrity of the nations waters. An overview section 404 of the clean water act establishes a program to regulate the discharge of dredged and fill material into waters of the united states, including wetlands. Section 404 of the clean water act cwa establishes a program to regulate the discharge of dredged or fill material into waters of the united states, including wetlands. Federal register proposed information collection request.
Section 404 of the federal clean water act cwa regulates the discharge of dredged or fill material into waters of the u. The merged process is implemented through five concurrence points throughout the. Three key reforms for federal water policy the heritage. If a proposed project has the potential to impact waters of the state and requires either a u. Clean water act section 404 permitting considerations. The basis of the cwa was enacted in 1948 and was called the federal water pollution.
Water quality compliance california northcoast regional. Army corps of engineers cwa section 404 or other federal permit, then the regional water quality control board will regulate the project and associated activities through a. Clean water act became the act s common name with amendments in 1977. Regulates effluent discharges through the national pollutant discharge elimination system npdes program. This approval does not provide authorization under section 10 of the rivers and harbors act of 1899 or section 404 of the clean water act for entergys proposed discharges. Rather, section 404f1 exempts only those activities specifically identified. Lre20190085538s19 february 19, 2020 4 the administrator of the federal environmental protection agency, under the authority of section 404b1 of the clean water act. National environmental policy act and clean water act section 404 merged process for highway projects in virginia this document is intended to summarize the merged process memorandum of understanding mou for current and prospective consultants. Section 404 of the clean water act establishes a program to regulate the discharge of dredged or fill material into waters of the united states. This publication is complemented by savannah districts checklists, forms, guidance, tables, and regional permits as it relates to section 404 of the clean water act. Clean water act section 404q factsheet section 404 of the. The cwa made it unlawful to discharge any pollutant from a point source into navigable waters, unless a permit authorized under the cwa was obtained. Epa clean water act tribal workshop us epa archive document author us epa, region 9, clean water act compliance office subject contains slide presentation on section 401 permits for clean water act, for delivery at epa tribal workshop, august 14, 2008. Overview of section 404 section 404 of the clean water act.
Companion resource for section 404 of the clean water act. Rather, section 404 f1 exempts only those activities specifically identified. Section 404f of the clean water act cwa provides activities which are exempt from regulation under section 404 of the clean water act i. Nov 05, 2019 if a proposed project has the potential to impact waters of the state and requires either a u. Section 404 of the clean water act environment federal. Clean water act section 404q factsheet pdf 2 pp, 812 k contact us to ask a question, provide feedback, or report a problem. Section 404 f1 does not provide a total automatic exemption for all activities related to agricultural, silvicultural, ranching, mining and maintenance practices. Army corps of engineers the corps section 404 a or an approved state section 404 h to issue.
The clean water act cwa is the primary federal law in the united states governing water pollution. Documents associated with the 2015 clean water rule on october 22, 2019, the environmental protection agency and department of the army finalized a rule to repeal the 2015 clean water rule and recodify the regulatory text defining waters of the united states wotus that existed prior to the 2015 rule. Environmental protection agency eparegion 5, for minnesota. If these proposed restrictions are finalized, proposals to mine the pebble deposit that have impacts below each of these restrictions would proceed to the section 404 permitting process with the u. Section 404 of the clean water act cwa establishes a program to regulate the discharge of dredged or fill material into waters of the united states. Entergy must obtain authorization from the corps in order to proceed with any activities governed by these statutes at the bayou aux carpes cwa section 404c site. The rivers and harbors act of 1899 defined navigable waters of the united states as those waters that are subject to the ebb and flow of the tides andor are presently used, or have been used in the past, or may be susceptible to use to transport. Oct 24, 2016 section 404 of the clean water act usdotfhwa. Pursuant to a congressional request, gao provided information on. Its objective is to restore and maintain the chemical, physical, and biological integrity of the nations waters. Sep 15, 2016 section 404 of the clean water act cwa establishes a program to regulate the discharge of dredged or fill material into waters of the united states, including wetlands. Clean water act section 404 compliance and the nationwide. Clean water act section 404q dispute resolution process, case statistics and references.
Section 404 of the clean water act agency of transportation. The steepest hurdle in obtaining a clean water act section. Watershed academy web introduction to the clean water act. The 1977 amendments included a set of six section 404 exemptions. Clean water act section 404401 guidance manual adot. Thus, if the recipient disagreed with the facts or legal conclusions on which the aco is based, hesheit faced a difficult dilemma. Section 319 section 401 section 404 state revolving loan fund. This council on environmental quality memorandum establishes procedures for coordinating agency views and formulating administration policy prior to requesting congressional action on projects that may be subject to section 404 r of the clean water act federal water pollution control act, as amended. Section 404 c, however, authorizes epa to restrict, prohibit, deny, or withdraw the use of an. Environmental issues environmental auditing laws, regulations and rules environmental permits water quality management. Section 404 of the clean water act desco environmental. Presentation for the mndot environmental stewardship and streamlining workshop by tim smith march 28. Supplement to the revised clean water act section 404 b1 evaluation for major rehabilitation of the jetty system at the mouth of the columbia river in pacific county, washington and clatsop county, oregon. Clean water act section 404 state assumption fact sheet.
Sep 20, 2012 clean water act cwa or act establishes the basic structure for regulating discharges of pollutants into u. Epa clean water act tribal workshop us epa archive document author us epa, region 9, clean water act compliance office subject contains slide presentation on section 401 permits for clean water act, for delivery at. Overview of clean water act section 404 permitting john a. Environmental protection agency epa are in violation of their mandatory duties under the clean water act section 404 33 u. Total maximum daily load program california state water. Krrc will begin actions necessary to obtain other regulatory approvals necessary to perform dam removals. Wous q common projects are construction, maintenance, and repair activities in the waters of the u. Applying section 404r of the clean water act to federal. Appendix f clean water act section 404b1 evaluation. Administrator of the environmental protection agency under section 303. Presentation for the mndot environmental stewardship and streamlining workshop by tim smith march 28, 2007 presentation for the by march 28, 2007. The environmental protection agency epa is planning to submit an information collection request icr, clean water act section 404 stateassumed programs epa icr no. The clean water act was one of the united states first and most influential modern environmental. Section 404 of the clean water act referred to as section 404 established a permitting program to regulate.
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