Cal. Code Regs. tit. 23 § 3859

Current through Register 2024 Notice Reg. No. 44, November 1, 2024
Section 3859 - Action on an Application
(a) After review of the application, all relevant data, and any recommendations of a regional board, other state and federal agencies, and any interested person, the state board, the executive director, when acting as the state board's designee, or executive officer, as provided in Subsection (c) of this Section, shall issue certification or deny certification for any discharge resulting from a pertinent activity before the federal period for certification expires. Conditions shall be added to any certification, if necessary, to ensure that all activities will comply with applicable water quality standards and other appropriate requirements. Copies of any certification or denial of certification issued shall be sent to the applicant, the state board (if not the certifying agency), appropriate regional board(s) (if not the certifying agency[ies]), EPA, the federal agency, and all other parties known to be interested no later than three (3) days, after taking the certification action. A written certification or denial shall include:
(1) the name(s) of the receiving water body(ies) and the number(s) of the hydrologic unit(s) that contain(s) the receiving water body(ies), if available;
(2) the certification action being taken and a complete list of any conditions; and
(3) a suitable summary of the information provided by the applicant as listed in Subsections 3856(a), (b), (c), and (h) of this Chapter.
(b) After such review, if it is clear that all proposed activity(ies) will comply with water quality standards and other appropriate requirements, the state board, executive director, regional board, or executive officer, as provided in Subsection 3859(c) of this Chapter, may issue a standard certification, subject only to the conditions in Section 3860 of this Chapter.
(c) For applications submitted pursuant to Subsection 3855(a) of this Chapter, the regional board or executive officer shall take a certification action under this Section. For applications submitted pursuant to Subsection 3855(b) of this Chapter, the state board or executive director shall take a certification action under this Section.

Cal. Code Regs. Tit. 23, § 3859

1. Amendment of section heading, section and NOTE filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).

Note: Authority cited: Section 1058, Water Code. Reference: 33 USC Section 1341; and Sections 1059 and 13160, Water Code.

1. Amendment of section heading, section and Note filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).