Activities in waters of the united states that are regulated under this program include fills for development, water resource. 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. Clean water act section 404 memorandum of understanding. Requires a permit from the army corps of engineers to place dredged or fill material from afrom a point sourcepoint source into the nations waters waters of the u. Rolland is an attorney at law in new orleans, louisiana. 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. Environmental protection agency eparegion 5, for minnesota. U section 404f exemptions do not applyto any activity within a navigable water of the u. Appendix f clean water act section 404b1 evaluation. Although water transfers are not generally subject to section 402 of the clean water act, the act reserves the ability of states to regulate water transfers under state law.
Dvids video clean water act section 404 b 1 guidelines. Clean water act section 404401 guidance manual adot. Introduction to the clean water act1 the clean water act cwa is the cornerstone of surface water quality protection in the united states. Army corps of engineers the corps section 404 a or an approved state section 404 h to issue. Overview of clean water act section 404 section 404 of the clean. The presentation will begin with a brief introduction of section 404 of the clean water act cwa then move into a general overview of the controversy related to jurisdictional determinations made by the united states army corps of engineers corps. Minnesota federal clean water act section 404 permit program. Permit program under cwa section 404 section 404 of the. Clean water act section 404clean water act section 404.
For example, instream or streambank work such as bank shaping around a headgate or working on a weirdiversion dam will require a section 404. Not later than the fifteenth day after the date an applicant submits. Wwe has successfully obtained permits for projects of all sizes. States and federal agencies share critical roles in. 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. Wright water engineers section 404 clean water act. Obtaining the required permitting is an obstacle that can delay or derail a project if not aptly managed. 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. Mar 03, 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. Mar 12, 2018 under section 307 of the clean water act.
Jurisdictional determinations and nationwide permits. Clean water act section 404q factsheet pdf 2 pp, 812 k. Nepa clean water act section 404 merger executive summary the northwest corridor study began in january 2004 with scoping discussions including transportation professionals, local officials, regulatory experts, and citizens. In 1994, the governors water policy council of the state of california and the federal. Congress enacted section 404 f in 1977 as part of its midcourse corrections to the clean water act and in response to public reaction following the corps expansion of its section 404 jurisdiction in the wake of the 1975 decision, natural resources defense council, inc. Shortterm water quality standard for turbidity 318 authorization g. 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. Nepaclean water act section 404 merger executive summary the northwest corridor study began in january 2004 with scoping discussions including transportation professionals, local officials, regulatory experts, and citizens.
Section 404 g of the clean water act authorizes states and tribes to assume the section 404 permit program for discharges of dredged or fill material into certain waters of the u. Overview of clean water act section 404 section 404 of. Clean water act does not require attaining water quality criteria at the point of discharge states have discretion to allow dilution states should specify any conditions on dilution allowances as part of their water quality standards 122. Applying section 404r of the clean water act to federal. Clean water act section 404 q dispute resolution process, case statistics and references. Clean water act section 404 and agriculture section 404. Rather, section 404 f1 exempts only those activities specifically identified. Guidance on applying section 404r of the clean water act. Companion resource for section 404 of the clean water act. Clean water act section 404 basics 1 clean water act section 404basics 2 clean water act section 404.
Clean water act section 404 state assumption fact sheet. 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. Sep 20, 2012 clean water act cwa or act establishes the basic structure for regulating discharges of pollutants into u. For detailed information on this topic please visit the u. Tribes that have applied to be treated as a state for the purposes of implementing clean water act. 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. Watershed academy web introduction to the clean water act. This project was conducted together with the us army corps of engineers in a merged process between nepa and section 404. Under section 404 of the clean water act, it is unlawful to discharge dredged or fill material into. Introduction because the united states army corps of engineers corps of engineers or corps is authorizing, under section 4041 of the clean water act cwa, increasingly large numbers of activities under nationwide, state and regional permits that result in the. Federal rivers and harbors act section 10 permit f. Clean water act cwa or act establishes the basic structure for regulating discharges of pollutants into u.
Section 404f of the clean water act trench warfare over maintenance of agricultural drainage ditches. This video is part of the federalaid essentials for local public agencies web site and resource library. Introduction to wqs or water quality standards that address. The application of the federal fiveyear statute of. Mitigation under section 404 of the clean water act. This manual provides an overview of sections 404 and 401 of the clean water act, as they apply to arizona department of transportation activities. Regulates discharges of dredged or fill material into waters of the u. 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 404 q factsheet pdf 2 pp, 812 k.
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. Section 404c, however, authorizes epa to restrict, prohibit, deny, or withdraw the use of an. The requirement to mitigate impacts to wetlands and streams is a frequently misunderstood policy with a long and complicated history. X 2 jeopardize the existence of federallylisted endangered or threatened species or their habitat. Section 404 f1 does not provide a total automatic exemption for all activities related to agricultural, silvicultural, ranching, mining and maintenance practices. Federal register proposed information collection request. Montana water use act water right permit and change authorization i. General permits under section 404 of the clean water act. We narrate the history of mitigation since the inception of the clean water act section 404 permit program in 1972, through struggles between the us environmental protection agency and the us army corps of engineers, through the emerging.
The statute employs a variety of regulatory and nonregulatory tools to sharply reduce direct pollutant discharges into. Activities in waters of the united states regulated under this program include fill for development, water resource projects such as dams and levees, infrastructure. Rather, section 404f1 exempts only those activities specifically identified. In july, the eqc asked staff for more information related to state assumption of the permitting program that is jointly administered by the u. 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. Section 404 of the clean water act desco environmental. Policy and guidance documents under cwa section 404. Clean water act section 404c veto authority factsheet. The clean water act cwa establishes the basic structure for regulating discharges of. Clean water act section 404q factsheet section 404 of the. Activities in waters of the united states regulated under this program include fill for development, water resource projects.
Section 404 of the federal clean water act cwa regulates the discharge of dredged or fill material into waters of the u. Congress enacted section 404f in 1977 as part of its midcourse corrections to the clean water act and in response to public reaction following the corps expansion of its section 404 jurisdiction in the wake of the 1975 decision, natural resources defense council, inc. The act does not deal directly with ground water nor with water quantity issues. Section 404 of the cleansection 404 of the clean water act. Overview of epa, the clean water act, and the national. 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. Intro clean water acts objective to restore and maintain the chemical, physical, and biological integrity of the nations waters. Section 404 of the clean water act an overview of the law that serves to restore and maintain the integrity of the nations waters. Clean water act section 404 permit rapid toolkit openei. The clean water act cwa is the cornerstone of surface water quality protection in the united states. 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. 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. You may need a pdf reader to view some of the files on this page. Section 404 permit program section 404 of the clean water.
Section 404 of the clean water act permitting and investigation. Oct 24, 2016 this video is part of the federalaid essentials for local public agencies web site and resource library. Some states have chosen to develop ground water quality standards mentioned in the section entitled. Minnesota federal clean water act section 404 permit. F derai wctidnd regulatory programs section 404 of the clean water act swampbuster status of federal government ai actons regulati.
This video is an introduction to clean water act, section 404b1. The second is the fact that the cwa is a remedial statute aimed at. 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. Section 404 of the clean water act environment federalaid.
Fish passage requirements of the clean water act section. Clean water laws, regulations, and executive orders related to. Overview of section 404 section 404 of the clean water act. Not later than the fifteenth day after the date an applicant submits all the information required to complete an. Overview of clean water act section 404 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. Call the epa wetlands protection hotjine 1 us8oo 832 7828 hothne hours mondayfrt ay, 9 oo am to 5. Section 404f1 does not provide a total automatic exemption for all activities related to agricultural, silvicultural, ranching, mining and maintenance practices. 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. The clean water act cwa section 404 exemptions are very specific and generally limited in their scope.
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. These resources include streams, ponds, bogs, marshes, swamps, and wet meadows, among others. Information about federal clean water act section 404 permit in the permitting of renewable. Clean water act section 404 compliance and the nationwide. The environmental quality council discussed proposed revisions to federal rules for administration of section 404 of the clean water act twice this interim. 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. Healthy wetlands provide people with drinking water purification, groundwater recharge, flood control and pollution control, among other benefits.
Section 404f of the clean water act cwa provides activities which are exempt from regulation under section 404 of the clean water act i. Section 404 of the clean water act rutgers njaes office of. 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. Thus, if the recipient disagreed with the facts or legal conclusions on which the aco is based, hesheit faced a difficult dilemma. Montana landuse license or easement on navigable waters h. Clean water act section 404q dispute resolution process, case statistics and references. Issues to consider for state administration of section 404. Wetland and water resources are found on many farms. Army corps of engineers the corps section 404a or an approved state section 404h to issue. The environmental protection agency epa is proposing to revise the clean water act section 404 b 1 guidelines guidelines to provide for comparison of dredged material proposed for discharge with reference sediment, for the purposes of conducting chemical, biological, and physical evaluations and testing. Under the clean water act cwa, states may seek to implement section 404. Corps issued regulations defining waters of the us.
The first is the fact that violations of the cwa, and wetlands violations in particu lar, are inherently difficult for the government to detect. The secretary of the army, acting through the chief of engineers, is authorized to delegate to the state of washington upon its request all or any part of those functions vested in such secretary by section 404 of the federal water pollution control act this section and by sections 9, 10, and. Section 404 of the clean water act agency of transportation. The act does not deal directly with ground water or with water quantity issues.
Army corps of engineers corps and a state section 401 water quality certification wqc, or 2 waters of the state, subject to state issuance of portercologne water quality control act waste discharge requirements wdrs 1. Section 404g of the clean water act authorizes states and tribes to assume the section 404 permit program for discharges of dredged or fill material into certain waters of the u. Cwa section 404 mou memorandum of understanding on clean water act section 404b1 for the calfed baydelta program recitals these recitals provide background and context for the memorandum of understanding that follows. 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. The discharge of dredged or fill material as part of the construction of a federal project specifically authorized by congress, whether prior to or on or after december 27, 1977, is not prohibited by or otherwise subject to regulation under this section, or a state program approved under this section, or section 11a or 42 of this title.
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