N.Y. Comp. Codes R. & Regs. tit. 6 § 608.9 : DEPARTMENT OF ENVIRONMENTAL CONSERVATION — Resource Management Services — Water Regulation — Use and Protection of Waters — Water quality certifications

(a) Water quality certifications required by section 401 of the Federal Water Pollution Control Act, Title 33 United States Code 1341 (see subdivision [c] of this section). Any applicant for a Federal license or permit to conduct any activity, including but not limited to the construction or operation of facilities that may result in any discharge into navigable waters as defined in section 502 of the Federal Water Pollution Control Act ( 33 USC 1362 ), must apply for and obtain a water quality certification from the department. The applicant must demonstrate compliance with sections 301-303, 306 and 307 of the Federal Water Pollution Control Act, as implemented by the following provisions:
(1) effluent limitations and water quality-related effluent limitations set forth in section 750-1.11 of this Title;
(2) water quality standards and thermal discharge criteria set forth in Parts 701, 702, 703 and 704 of this Title;
(3) standards of performance for new sources set forth in section 750-1.11 of this Title;
(4) effluent limitations, effluent prohibitions and pretreatment standards set forth in section 750-1.11 of this Title;
(5) prohibited discharges set forth in section 750-1.3 of this Title; and
(6) State statutes, regulations and criteria otherwise applicable to such activities.
(b) The department may issue Statewide water quality certifications for certain types or sizes of activities that it deems to have an insignificant effect on water quality. Projects meeting criteria so established will not require individual water quality certifications.
(c) The Federal Water Pollution Control Act ( 33 USC 1251 et seq.), as amended effective October 1, 1984, is available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. This document was filed with the New York State Department of State on November 5, 1984 and is available for inspection and copying at the New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 608.9

Amended New York State Register November 1, 2017 /Volume XXXIX, Issue 44, eff.11/1/2017