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Current as of October 02, 2022 | Updated by FindLaw Staff
(a) A certification request shall be submitted to the certifying authority and to the Federal agency concurrently.
(b) A certification request for an individual license or permit shall:
(1) Identify the project proponent(s) and a point of contact;
(2) Identify the proposed project;
(3) Identify the applicable federal license or permit;
(4) Identify the location and nature of any potential discharge that may result from the proposed project and the location of receiving waters;
(5) Include a description of any methods and means proposed to monitor the discharge and the equipment or measures planned to treat, control, or manage the discharge;
(6) Include a list of all other federal, interstate, tribal, state, territorial, or local agency authorizations required for the proposed project, including all approvals or denials already received;
(7) Include documentation that a pre-filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request;
(8) Contain the following statement: ‘The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief’; and
(9) Contain the following statement: ‘The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.’
(c) A certification request for issuance of a general license or permit shall:
(1) Identify the project proponent(s) and a point of contact;
(2) Identify the proposed categories of activities to be authorized by the general license or permit for which certification is requested;
(3) Include the draft or proposed general license or permit;
(4) Estimate the number of discharges expected to be authorized by the proposed general license or permit each year;
(5) Include documentation that a pre-filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request;
(6) Contain the following statement: ‘The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief ’; and
(7) Contain the following statement: ‘The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.’
Cite this article: FindLaw.com - Code of Federal Regulations Title 40. Protection of Environment § 40.121.5 Certification request - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-40-protection-of-environment/cfr-sect-40-121-5/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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