Statutory structure for 401 certification

“Any applicant for a Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters, shall provide the licensing or permitting agency a certification from the State in which the discharge originates or will originate…that any such discharge will comply with the applicable provisions…of this Act.”

“No license or permit shall be granted until the certification required…has been obtained or has been waived…”

“No license or permit shall be granted if certification has been denied by the State, interstate agency, or the Administrator, as the case may be.”

(CWA, Section 401(a)(1))

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