Current through Register Vol. XLI, No. 24, June 14, 2024
Section 47-5A-1 - General1.1. Scope. -- The purpose of this legislative rule is to carry out the responsibilities placed upon the State by Section 401 of the Federal Clean Water Act, 33 U.S.C. §1341 and W. Va. Code §§ 22-1-6(d)(7) and 22-11-7(a). Section 401 of the Clean Water Act requires that any applicant for a federal license or permit to conduct an activity that will or may discharge into waters of the United States (as defined in the Clean Water Act) to present the federal authority with a certification from the appropriate state agency. This rule establishes the procedures and criteria for the application, processing and review of state water quality certifications that require a federal permit including those from the United States Army Corps of Engineers under Section 404 of the Clean Water Act, 33 U.S.C. §1344; Section 10 of the Rivers and Harbors Act of 1899, 33 U.S.C. §403; and licenses issued by the Federal Energy Regulatory Commission under the Federal Power Act, 16 U.S.C. §1791 et. seq.1.2. Authority. -- W. Va. Code §§ 22-1-6(d)(7) and 22-11-7(a).1.3. Filing Date. -- April 14, 2014.1.4. Effective Date. -- May 14, 2014.