clean water act section 404

(2)Any discharge of dredged or fill material into the navigable waters incidental to any activity having as its purpose bringing an area of the navigable waters into a use to which it was not previously subject, where the flow or circulation of navigable waters may be impaired or the reach of such waters be reduced, shall be required to have a permit under this section. Clean Water Act Section 404 program (§404) since 1977. Share. (a) The Secretary may issue permits, after notice and opportunity for public hearings for the discharge of dredged or fill material into the navigable waters at specified disposal sites. Section 404 of the Clean Water Act requires that a permit be obtained from the U.S. Army Corps of Engineers (USACE) in order to legally place dredged or fill material (âregulated activityâ) into a jurisdictional Water of the U.S. (WOUS or WOTUS) Clean Water Act (CWA or Act) establishes the basic structure for regulating discharges of pollutants into U.S. waters and regulating quality standards for surface waters. If the agency (1) Not later than the one-hundred-twentieth day after the date of the receipt by the Administrator of a program and statement submitted by any State under paragraph (1) of this subsection, the Administrator shall determine, taking into account any comments submitted by the Secretary and the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, pursuant to subsection (g) of this section, whether such State has the following authority with respect to the issuance of permits pursuant to such program: (i) apply, and assure compliance with, any applicable requirements of this section, including, but not limited to, the guidelines established under subsection (b)(l) of this section, and sections 307 and 403 of this Act; (ii) are for fixed terms not exceeding five years; and. Almost 500 people engaged by attending stakeholder meetings, participating in work groups and providing over 2,100 comments. I. How do enforcement actions protect wetlands? (2) in any case where such guidelines under clause (1) alone would prohibit the specification of a site, through the application additionally of the economic impact of the site on navigation and anchorage. Such agreements shall be developed to assure that, to the maximum extent practicable, a decision with respect to an application for a permit under subsection (a) of this section will be made not later than the ninetieth day after the date the notice of such application is published under subsection (a) of this section. The Administrator shall set forth in writing and make public his findings and his reasons for making any determination under this subsection. (B) set forth the requirements and standards which shall apply to any activity authorized by such general permit. (t) Nothing in this section shall preclude or deny the right of any State or interstate agency to control the discharge of dredged or fill material in any portion of the navigable waters within the jurisdiction of such State, including any activity of any Federal agency, and each such agency shall comply with such State or interstate requirements both substantive and procedural to control the discharge of dredged or fill material to the same extent that any person is subject to such requirements. (G) To abate violations of the permit or the permit program, including civil and criminal penalties and other ways and means of enforcement. Federal Register Notice. PURPOSE. Section 404 regulates discharges of dredged or fill material into nationâs waters and wetlands, requiring a section 404 permit issued by the U.S. Army Corps of Engineers (Corps) before dredge and fill material may be discharged into waters of the U.S. (C) To assure that the public, and any other State the waters of which may be affected, receive notice of each application for a permit and to provide an opportunity for public hearing before a ruling on each such application. Section 404(b)(1) Guidelines of the Clean Water Act (Guidelines). (o) A copy of each permit application and each permit issued under this section shall be available to the public. (5) Upon notification from a State with a permit program approved under this subsection that such State intends to administer and enforce the terms and conditions of a general permit issued by the Secretary under subsection (e) of this section with respect to activities in such State to which such general permit applies, the Secretary shall suspend the administration and enforcement of such general permit with respect to such activities. Today, the U.S. Environmental Protection Agency (EPA) announced that the State of Florida is the first state in more than 25 years to apply for and receive approval to implement a Clean Water Act (CWA) Section 404 program, joining Michigan and New â¦ This document presents the Section 404(b)(1) guidelines evaluation for the construction of a storm risk management project to address coastal flooding associated with the tidal portion of the Passaic River. (c) The Administrator is authorized to prohibit the specification (including the withdrawal of specification) of any defined area as a disposal site, and he is authorized to deny or restrict the use of any defined area for specification (including the withdrawal of specification) as a disposal site, whenever he determines, after notice and opportunity for public hearings, that the discharge of such materials into such area will have an unacceptable adverse effect on municipal water supplies, shellfish beds and fishery areas (including spawning and breeding areas), wildlife, or recreational areas. The Clean Water Act authorizes the U.S. Army Corps of Engineers (the Corps) (Section 404(a)) or an approved state (Section 404(h)) to issue . In any case where the Administrator objects to the issuance of a permit, on request of the State, a public hearing shall be held by the Administrator on such objection. 1. (1) In carrying out his functions relating to the discharge of dredged or fill material under this section, the Secretary may, after notice of opportunity for public hearing, issue general permits on a State, regional, or nationwide basis for any category of activities involving discharges of dredged or fill material if the Secretary determines that the activities in such category are similar in nature, will cause only minimal adverse environmental effects when performed separately, and will have only minimal cumulative adverse effects on the environment. In addition, such State shall submit a statement from the attorney general (or the attorney for those State agencies which have independent legal counsel), or from the chief legal officer in the case of an interstate agency, that the laws of such State, or the interstate compact, as the case may be, provide adequate authority to carry out the described program. Section 404/Wetlands Requirements Under the Clean Water Act (CWA) § 404(b)(1) Guidelines, no discharge of dredged or fill material is permitted if there is a practicable alternative to the proposed discharge that would 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.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 â¦ If such State is so notified by the Administrator, it shall not issue the proposed permit until after the receipt of such comments from the Administrator, or after such ninetieth day, whichever first occurs. What is Section 404, and Why Do We Care? EPA and the Department of the Army have revised the definition of “waters of the United States.” Learn more about the Navigable Waters Protection Rule. This video explains the Clean Water Act as it applies to the regulatory process for the U.S. Army Corps of Engineers Under Section 404(a) of the Act, the United States Army Corps of Engineers (USACE) issues permits for â¦ The majority of stakeholder input supported retaining the current process.Based on this, ADEQ has decided In any case in which an order under this subsection is issued to a corporation, a copy of such order shall be served on any appropriate corporate officers. Clean Water Act Section 404(b)(1) Evaluation Report . What is Section 404 of the Clean Water Act? permits for discharges of dredged or ill material at speciied sites in waters of the United States. Section 404 of the Clean Water Act (CWA), Title 33 of the U.S. Code (U.S.C.) Established (ongoing) farming, ranching, and silviculture activities such as plowing, seeding, cultivating, minor drainage, harvesting for the production of food, fiber, and forest products, or upland soil and water conservation practices 2. In the process known as §404 program assumption, a state or tribe may request to âadminister its own individual and general permit programâ in place of the federal dredge and fill permit program. Section 404 of the Clean Water Act Home Page; Laws and Regulations. (2) No general permit issued under this subsection shall be for a period of more than five years after the date of its issuance and such general permit may be revoked or modified by the Secretary if, after opportunity for public hearing, the Secretary determines that the activities authorized by such general permit have an adverse impact on the environment or such activities are more appropriately authorized by individual permits. In order to qualify for Such State shall not issue such proposed permit after such ninetieth day if it has received such written comments in which the Administrator objects, (A) to the issuance of such proposed permit and such proposed permit is one that has been submitted to the Administrator pursuant to subsection (h)(l)(E), or. Historical Perspective â¢1802 -- U.S. Army Corps of Engineers Created âbuild forts. Whenever the Administrator objects to the issuance of a permit under the preceding sentence such written objection shall contain a statement of the reasons for such objection and the conditions which such permit would include if it were issued by the Administrator. CWA Section 404 Contacts in EPA Regional Offices, Association of Clean Water Act Administrators, Frequent Questions on Removal of Obsolete Dams, Clean Water Act jurisdictional determinations. (i) Whenever the Administrator determines after public hearing that a State is not administering a program approved under section (h)(2)(A) of this section, in accordance with this section, including, but not limited to, the guidelines established under subsection (b)(l) of this section, the Administrator shall so notify the State, and, if appropriate corrective action is not taken within a reasonable time, not to exceed ninety days after the date of the receipt of such notification, the Administrator shall: (1) withdraw approval of such program until the Administrator determines such corrective action has been taken, and. Milestones: Pre-construction Notification (PCN)/Form ENG 4345/Joint Application Form Received 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. (2) If, with respect to a State program submitted under subsection (g)(l) of this section, the Administrator determines that such State -, (A) has the authority set forth in paragraph (1) of this subsection, the Administrator shall approve the program and so notify (i) such State, and (ii) the Secretary, who upon subsequent notification from such State that it is administering such program, shall suspend the issuance of permits under subsections (a) and (e) of this section for activities with respect to which a permit may be issued pursuant to such State program; or. (A) Any person who willfully or negligently violates any condition or limitation in a permit issued by the Secretary under this section shall be punished by a fine of not less than $2,500 nor more than $25,000 per day of violation, or by imprisonment for not more than one year, or by both. Clean Water Act (CWA) â Section 404 â Federal Regulation Back to Permitting Requirements Section 404 of the CWA regulates discharge of materials into waters of the U.S., including wetlands, and is administered by the Army Corps of Engineers (the Corps or COE). (D) To assure that the Administrator receives notice of each application (including a copy thereof) for a permit. Notice of the commencement of such action shall be given immediately to the appropriate State. Congress passes laws that authorize EPA and other federal agencies to write rules and regulations that explain the critical details needed to implement environmental laws. CWA Section 404 MOU F. The Clean Water Act (Act) establishes a goal of restoring and maintaining the chemical, physical, and biological integrity of the Nationâs waters. Policy and Guidance; Scientific Documents; Dispute Resolution; Veto Authority; Clean Water Act Jurisdiction; Section 404 Permit Program; Compensatory Mitigation; Section 404 Enforcement; EPA Contacts; Army Corps of Engineers (l) The Administrator shall promulgate regulations establishing categories of discharges which he determines shall not be subject to the requirements of subsection (j) of this section in any State with a program approved pursuant to subsection (h)(2)(A) of this section. Section 404: Permits for discharge of dredged/fill material ... Clean Water Act does not require attaining water quality criteria at the point of discharge ... Overview of EPA, the Clean Water Act, and the National Pollutant Discharge Elimination System (NPDES) Program The proposed pilings would not have the effect of a discharge of fill material, and therefore do not require a permit under Section 404 of the Clean Water Act. "Clean Water Act" became the Act's common name with amendments in 1972. (1) Whenever on the basis of any information available to him the Secretary finds that any person is in violation of any condition or limitation set forth in a permit issued by the Secretary under this section, the Secretary shall issue an order requiring such persons to comply with such condition or limitation, or the Secretary shall bring a civil action in accordance with paragraph (3) of this subsection. (B) For the purposes of this paragraph, the term "person" shall mean, in addition to the definition contained in section 502(5) of this Act, any responsible corporate officer. (2) Not later than the tenth day after the date of the receipt of the program and statement submitted by any State under paragraph (1) of this subsection, the Administrator shall provide copies of such program and statement to the Secretary and the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service. What projects are exempt from needing a permit? United States Environmental Protection Agency. If the State does not resubmit such permit revised to meet such objection within 30 days after completion of the hearing or, if no hearing is requested within 90 days after the date of such objection, the Secretary may issue the permit pursuant to subsection (a) or (e) of this section, as the cause may be, for such source in accordance with the guidelines and requirements of this Act. An official website of the United States government. Section 404 of the Clean Water Act. (3) The Secretary is authorized to commence a civil action for appropriate relief, including a permanent or temporary injunction for any violation for which he is authorized to issue a compliance order under paragraph (1) of this subsection. (q) Not later than the one-hundred-eightieth day after the date of enactment of this subsection, the Secretary shall enter into agreements with the Administrator, the Secretaries of the Departments of Agriculture, Commerce, Interior, and Transportation, and the heads of other appropriate Federal agencies to minimize, to the maximum extent practicable, duplication, needless paperwork, and delays in the issuance of permits under this section. 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). EPA provides increased transparency regarding Clean Water Act jurisdictional determinations. Section 404 of the Clean Water Act Home Page; Laws and Regulations. If the Administrator intends to provide written comments to such State with respect to such permit application or such proposed general permit, he shall so notify such State not later than the thirtieth day after the date of the receipt of such application or such proposed general permit and provide such written comments to such State, after consideration of any comments made in writing with respect to such application or such proposed general permit by the Secretary and the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, not later than the ninetieth day after the date of such receipt. (4) After the Secretary receives notification from the Administrator under paragraph (2) or (3) of this subsection that a State permit program has been approved, the Secretary shall transfer any applications for permits pending before the Secretary for activities with respect to which a permit may be issued pursuant to such State program to such State for appropriate action. Clean Water Act Jurisdictional Determinations. INTRODUCTION . Maintenance (but not construction) of drainage ditches 3. §1251, et seq., governs discharges of dredge or fill materials into waters of the United States. Construction and maintenance of farm or stock ponds 5. (H) To assure continued coordination with Federal and Federal-State water-related planning and review processes. (B) does not have the authority set forth in paragraph (1) of this subsection, the Administrator shall so notify such State, which notification shall also describe the revisions or modifications necessary so that such State may resubmit such program for a determination by the Administrator under this subsection. On April 21, 2020, EPA and the Army published the Navigable Waters Protection Rule revising the definition of "waters of the United States" under the Clean Water Act. Not later than the tenth day after the date of the receipt of such permit application or such proposed general permit, the Administrator shall provide copies of such permit application or such proposed general permit to the Secretary and the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service. (iii) can be terminated or modified for cause including, but not limited to, the following: (I) violation of any condition of the permit; (II) obtaining a permit by misrepresentation, or failure to disclose fully all relevant facts; (III) change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge. (F) To assure that no permit will be issued if, in the judgement of the Secretary, after consultation with the Secretary of the department in which the Coast Guard is operating, anchorage and navigation of any of the navigable waters would be substantially impaired thereby. United States Environmental Protection Agency, Clean Water Act and other laws and regulations, mitigation projects that offset adverse environmental impacts. (2) the Secretary proposes to issue a general permit under subsection (e) of this section, the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall submit any comments with respect to such application or such proposed general permit in writing to the Secretary. (n) Nothing in this section shall be construed to limit the authority of the Administrator to take action pursuant to section 309 of this Act. (1) Except as provided in paragraph (2) of this subsection, the discharge of dredge or fill material -. Landowners interested in wetlands protection. (2) A copy of any order issued under this subsection shall be sent immediately by the Secretary to the State in which the violation occurs and other affected States. (m) Not later than the ninetieth day after the date on which the Secretary notifies the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service that, (1) an application for a permit under subsection (a) of this section has been received by the Secretary, or. Not later than the fifteenth day after the date an applicant submits all the information required to complete an application for a permit under this subsection, the Secretary shall publish the notice required by this subsection. Before making such determination, the Administrator shall consult with the Secretary. This section shall not be construed as affecting or impairing the authority of the Secretary to maintain navigation. September 16, 2020: EPA is soliciting comments on Florida's request to assume a CWA Section 404 program. (b) Subject to subsection (c) of this section, each such disposal site shall be specified for each such permit by the Secretary: (1) through the application of guidelines developed by the Administrator, in conjunction with the Secretary, which guidelines shall be based upon criteria comparable to the criteria applicable to the territorial seas, the contiguous zone, and the ocean under section 403(c), and.