SECTION 252:611-3-1. Water quality certifications required

(a)   Certification from state required. In accordance with the provisions of Section 401 of the federal Clean Water Act and the Environmental Quality Code, any applicant for a federal license, permit or project to conduct any activity including but not limited to, the construction or operation of facilities, dredge or fill, or other activities, which may result in any discharge into, or pollution or alteration of the waters of the State of Oklahoma, shall first obtain a water quality certification from the DEQ for such activity, facility or discharge will comply with the applicable provisions of Sections 301, 302, 303, 306, and 307 of the CWA, OWQS, and other applicable state requirements.

(b)   Types of federal applications for which certification issued. The DEQ issues, renews and modifies water quality certifications including, but not limited to, the following list. However, certification is not required for state issued NPDES Permits.

(1)   Permits issued by the U.S. Environmental Protection Agency, under the National Pollutant Discharge Elimination System (NPDES) program;

(2)   Permits issued by the U.S. Army Corps of Engineers under the Section 404 permit program for the discharge of dredged or fill materials;

(3)   Applications to the Federal Energy Regulatory Commission for a federal license to construct and operate a hydroelectric facility;

(4)   Applications to the Nuclear Regulatory Commission for a license to operate a facility; and

(5)   Permit issued by the U.S. Coast Guard that results in the discharge of wastewater or pollutants into navigable waters.

[Source: Added at 18 Ok Reg 1566, eff 6-1-01; Amended at 26 Ok Reg 1206, eff 7-1-09]