Current through Register 2021 Notice Reg. No. 52, December 24, 2021
The following words (in alphabetical order), as used in
this Chapter, shall have the meaning hereafter ascribed to them unless the
context of their use clearly requires a different meaning:
(a) "Activity," when used in reference to
water quality certification, means any action, undertaking, or project -
including, but not limited to, construction, operation, maintenance, repair,
modification, and restoration - which may result in any discharge to waters of
the United States in California.
(b) "Application" means a written request for
certification, including accompanying materials.
"Applicant" normally means any
individual, entity, district, organization, group, or agency submitting an
application, subject to the following caveats:
(1) When a professional agent or firm submits
an application on behalf of a client, the client is the applicant.
(2) The person or group financially
responsible for an activity seeking a federal license or permit which may
result in a discharge to waters of the United States is normally the applicant
for water quality certification, but
(3) the federal agency is the applicant when
the federal agency requests water quality certification for any discharge which
may result from activities to be allowed by that agency under a general license
means the California Environmental Quality Act (Public Resources Code Section
21000 et seq.).
(e) To take a
"certification action" means to issue an order, signed by the proper approving
official, granting or denying certification within the time period allowed for
certification by the federal agency's rules.
"Complete application" means:
(1) for purposes of tax certification, an
application made on forms provided by EPA and that includes the appropriate fee
required pursuant to Section 3833 of this Chapter;
(2) for purposes of water quality
certification, an application that includes all information and items and the
fee deposit required pursuant to Sections 3833 and 3856 of this
(3) for purposes of
pollution control certification, an application that includes all information,
items, and fees required pursuant to Sections 3833 and
3863 of this Chapter;
(4) notwithstanding the
specific definitions in Subsections (f)(1) through (f)(3) of this Section, any
application for certification for a development project for which the
application is deemed complete pursuant to the Permit Streamlining Act
(Government Code Section
(g) "CFR" means
the Code of Federal Regulations.
(h) "Denial without prejudice" means an
inability to grant certification for procedural rather than substantive
reasons. This form of denial carries with it no judgement on the technical
merits of the activity or compliance of any discharge with water quality
standards. A certifying agency may reconsider a revised application package
which corrects the procedural problems that caused the original denial without
(i) "EPA" means the
United States Environmental Protection Agency.
(j) "Executive director" means the chief
administrative officer of the state board or the executive director's
(k) "Executive officer"
means the chief administrative officer of a regional board.
"Federal agency" means, for purposes of
water quality certification:
(1) the federal
agency responsible for issuing a license or permit for an activity resulting in
a possible discharge for which an application for certification is submitted,
(2) a federal agency applying
for water quality certification (see definition of "applicant").
(m) "FERC" means the Federal
Energy Regulatory Commission.
"Pollution control certification" means a certification that a project will
further comply with federal, state or local pollution control standards and
requirements and is eligible for financing under the California Pollution
Control Financing Authority Act (Health and Safety Code, Division 27,
commencing with Section 44502).
"Regional board" means a California Regional Water Quality Control
(p) "Standard certification"
means a water quality certification subject only to the conditions specified in
Section 3860 of this Chapter.
"State board" means the State Water Resources Control Board.
(r) "Tax Certification" means a certification
that a treatment facility qualifies as a certified pollution control facility
within the meaning of Section 169 of the Internal Revenue Code of
(s) "USC" means United States
(t) "Water Code" means the
California Water Code.
quality certification" means a certification that any discharge or discharges
to waters of the United States, resulting from an activity that requires a
federal license or permit, will comply with water quality standards and other
"Water quality standards and other appropriate requirements" means the
applicable provisions of Sections 301, 302,303
, 306 and 307 of the Clean
Water Act ( 33
USC Sections 1311
), and any other
appropriate requirements of state law.
"Waters of the United States" means
surface water and water bodies as defined by EPA regulations (e.g., 40 CFR
). All waters of the United States in California are also "waters
of the state" (defined by the Porter-Cologne Water Quality Control Act as "any
surface water or ground water, including saline waters, within the boundaries
of the state." [Water Code Section 13050(e)]). Not all waters of the state
(e.g., ground water) are waters of the United States.