Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 1 - Mississippi Commission on Environmental Quality National Pollutant Discharge Elimination System (NPDES) Permits, Underground Injection Control (UIC) Permits, State Permits, Water Quality Based Effluent Limitations and Water Quality Certification › Subchapter 3 - Water Quality Certification of Activities Requiring Federal Licenses or Permits › Rule 11-6-1.3.1 - Background and General Requirements

Current through June 25, 2024
A. Background.
				  Section 401 of the Federal Act, 33 U. S. C. Section 1341, requires any
				  applicant for a Federal license or permit to conduct any activity which may
				  result in any discharge into the waters of the United States to provide the
				  licensing or permitting agency a certification from the State in which the
				  discharge originates or will originate that any discharge will comply with the
				  applicable provisions of §§ 301, 302, 303, 306 and 307 of the Federal
				  Act, 33 U. S. C. §§ 1311, 1312, 1313, 1316 and 1317. Miss. Code Ann.
				  §
										49-2-7
				  provides that the Department shall be responsible for conserving, managing,
				  developing and protecting the natural resources of the State of Mississippi. In
				  addition, Miss. Code Ann. §
										49-17-28
				  authorizes the Mississippi Environmental Quality Permit Board to issue water
				  quality certifications required by Section 401 of the federal Clean Water
				  Act.
B. General Requirements of
				  Section 401 Certification.
(1) These
				  regulations establish procedures and policies for implementing State water
				  quality certification requirements of Section 401 of the Federal Act, 33 U.S.C.
				  § 1341 ("§ (Section) 401 Certification"), which is incorporated
				  herein and adopted by reference.
(2) Pursuant to Miss. Code Ann. §
											49-17-28(3)
				  and §
											49-17-28(3)(a),
				  the Executive Director is authorized to make decisions on issuance, reissuance,
				  denial, modification, and revocation of water quality certifications on
				  projects regarding which the Department has received no written adverse
				  comments. Additionally, the Permit Board may authorize the Executive Director
				  to implement these regulations and to make decisions on issuance, reissuance,
				  denial, modification, and revocation of water quality certifications for other
				  projects, including projects regarding which the Department receives adverse
				  written comments. The Executive Director may further delegate this authority to
				  appropriate Department staff members, pursuant to Miss. Code Ann. §§
											49-2-13(a)
				  and (c) and
				  49-17-29(3)(a).
				  For purposes of Miss. Code Ann. §
											49-17-29(3)(a),
				  the word "permit" in the phrase " permit issuance, reissuance, denial,
				  modification or revocation" and in the phrase "all other permits within the
				  jurisdiction of the Permit Board," includes water quality certification actions
				  taken pursuant to these regulations. The term "Department" in Rule 1.3.2
				  through 1.3.4 means:
(a) In a case where the
				  Permit Board has authorized the Executive Director or Department staff to act
				  on a certification, the Department acting through or under the direction of the
				  Executive Director or the Executive Director (her/him)self; or
(b) In a case where the Permit Board has not
				  authorized the Executive Director to act on a certification, or where the
				  Executive Director has determined that the action should be taken by the Permit
				  Board, the Permit Board.
In Rule 1.3.5 and 1.3.6, the terms "Department" and "Permit
					 Board" are specific to those entities.
(3) Any applicant for a federal license or
				  permit to conduct any activity which during construction or operation may
				  result in any discharge to waters of the United States shall first obtain a
				  certification from the Department that any such discharge will comply with the
				  applicable provisions of §§ 301, 302, 303, 306 and 307 of the Federal
				  Act (33 U. S. C. §§ 1311, 1312, 1313, 1316, and 1317). Section 401
				  provides that no federal license or permit shall be granted until such
				  certification is obtained. Federal permits or licenses for which certification
				  is required include, but are not limited to, the following:
(a) individual, general or nationwide Federal
				  permits issued pursuant to § 404 of the Federal Act, 33 U.S.C. §
				  1344;
(b) federal permits issued
				  pursuant to § 10 of the Federal Rivers and Harbors Act, 33 U.S.C. §
				  403;
(c) permits or licenses issued
				  by the Federal Energy Regulatory Commission, 16 U.S.C. §1791, et
				  seq.;
(d) permits or licenses
				  issued by the United States Coast Guard, Bridge Administration
				  Branch;
(e) any other federal
				  permit or license to conduct any activity which may result in any discharge to
				  waters of the United States.
(4) Certification action is not required with
				  regard to permits issued under federal law for which the State has received
				  authority from the Administrator to issue, such as NPDES permits required under
				  Section 402 of the Federal Act.
(5)
				  The Department may issue, deny or revoke certifications for categories of
				  activities or for activities specified in Federal nationwide or general dredge
				  and fill permits pursuant to federal law or regulations.
(6) Any certification issued shall state that
				  any discharge shall comply with applicable provisions of §§ 301, 302,
				  303, 306 and 307 of the Federal Act (33 U. S. C. §§ 1311, 1312, 1313,
				  1316, and 1317) and all State laws and regulations promulgated pursuant to the
				  aforementioned sections of the Federal Act.
(7) Any certification issued shall set forth
				  limitations, conditions, and/or monitoring requirements necessary to assure (a)
				  maintenance of classified or existing water uses and standards and (b)
				  compliance with other requirements of these regulations or other appropriate
				  requirements of State law and/or regulations. Monitoring requirements may
				  include, but are not limited to, chemical analysis of water, sediment or fill
				  material, and bioassays to determine potential water quality impacts of dredged
				  material in accordance with EPA approved methods and/or the methods set forth
				  in this Chapter.