Cal. Code Regs. Tit. 23, § 3831 - Definitions

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.

(c) "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 or permit.

(d) "CEQA" 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.

(f) "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 Chapter;

(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; and

(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 65920 et seq.).

(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 prejudice.

(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 designee.

(k) "Executive officer" means the chief administrative officer of a regional board.

(l) "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, or

(2) a federal agency applying for water quality certification (see definition of "applicant").

(m) "FERC" means the Federal Energy Regulatory Commission.

(n) "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).

(o) "Regional board" means a California Regional Water Quality Control Board.

(p) "Standard certification" means a water quality certification subject only to the conditions specified in Section 3860 of this Chapter.

(q) "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 1954.

(s) "USC" means United States Code.

(t) "Water Code" means the California Water Code.

(u) "Water 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 appropriate requirements.

(v) "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, 1312,1313, 1316, 1317 ), and any other appropriate requirements of state law.

(w) "Waters of the United States" means surface water and water bodies as defined by EPA regulations (e.g., 40 CFR Section 122.2 ). 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.

Notes

Cal. Code Regs. Tit. 23, § 3831

Note: Authority cited: Section 1058, Water Code. Reference: 26 USC Section 169, 40 CFR Section 20; 15 USC Section 636, 40 CFR Section 21; 33 USC Section 1341; 40 CFR Section 131.3; 40 CFR Section 122.2; Sections 7, 1003.5, 1059, 13050, 13160, 13160.1 and 13350, Water Code; Sections 44533 and 44539, Health and Safety Code; Section 21000 et seq. (CEQA), Public Resources Code; and Section 15000 et seq., State CEQA Guidelines.

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