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§ 3861. Water Quality Certification for Classes of Activities.


Barclays Official California Code of Regulations Currentness
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 28. Certifications
Article 4. Water Quality Certification
23 CCR § 3861
§ 3861. Water Quality Certification for Classes of Activities.
(a) A certifying agency may, on its own motion, take a “general” certification action on discharges within its own geographic area of jurisdiction that may result from a class or classes of activities. No application is required for a general certification action issued under this Section.
(b) A class of activities receiving general certification shall:
(1) consist of the same or similar types of activities;
(2) involve the same or similar types of discharges and possible adverse impacts requiring the same or similar certification conditions or limitations in order to alleviate potential adverse impacts to water quality; and
(3) be determined by the certifying agency to more appropriately be regulated under a general certification action than under individual certification actions.
(c) General certification:
(1) shall apply only to activities subject to federal licenses and permits, issued in reliance on such certification, during a fixed term not to exceed five years after the general certification is issued;
(2) shall require public notification at least 45 days before general certification is issued;
(3) shall be conditioned to require subsequent notification to the appropriate regional board(s) and to the state board by proponents of projects to which the action applies no less than 21 days before any activity which may result in a discharge is commenced; and to include appropriate monitoring and agency-reporting requirements for all activities subject to federal licenses and permits issued in reliance on such certification;
(4) may require payment of the notification fee from Subsection 3833(b)(3) of this Chapter by project proponents;
(5) shall meet all other applicable requirements of this Chapter and CEQA.
(d) A certifying agency may issue general certification only if the activities to be certified individually or cumulatively will not have any of the following impacts, taking into account the probable effectiveness of any conditions or certification in avoiding or mitigating such impacts:
(1) Significant adverse impacts on water quality that could feasibly be avoided if individual certification, for proposed activities seeking individual federal licenses or permits, was issued.
(2) Violation of any water quality objectives adopted or approved under Sections 13170 or 13245 of the Water Code.
(3) The taking of any candidate, threatened, or endangered species or the violation of the federal Endangered Species Act (16 USC Section 1531 et seq.) or the California Endangered Species Act (Fish and Game Code Section 2050 et seq.).
(4) Exposure of people or structures to potential substantial adverse effects - including the risk of loss, injury, or death - from flooding, landslides, or soil erosion.
(e) The certifying agency may review and revise or revoke (change) a general certification. Any change to a general certification made by the certifying agency pursuant to this subsection shall not apply to activities subject to a federal license or permit issued before such a change is made.
Note: Authority cited: Section 1058, Water Code. Reference: 33 USC Section 1341; and Sections 1059, 13160, 13160.1 and 13321, Water Code.
1. New section filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).
This database is current through 6/17/22 Register 2022, No. 24
23 CCR § 3861, 23 CA ADC § 3861
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