§ 3831. Definitions.
23 CA ADC § 3831Barclays Official California Code of Regulations
23 CCR § 3831
§ 3831. Definitions.
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.
(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.
(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).
(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.
Credits
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.
History
1. Amendment of section heading, section and Note filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).
This database is current through 6/21/24 Register 2024, No. 25.
Cal. Admin. Code tit. 23, § 3831, 23 CA ADC § 3831
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