Section 401 of the Clean Water Act states that “any applicant for a Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters, shall provide the licensing or permitting agency a certification from the State in which the discharge originates or will originate”. This means that prior to getting approved for a federal permit under section 404 of the Clean Water Act, whether general or individual, the applicant must get certification under section 401, which is certified by the State. The purpose of section 401 is to protect and enforce water quality standards; each state is allowed to develop their own water quality standards in line with federal standards, and therefore are in charging of giving out permits.
The CWA defines water quality standards as including three components which include beneficial uses of water, water quality objectives, and individual states anti-degradation policy. Beneficial uses of water include drinking water, recreation, and wildlife habitat; water quality objectives are numeric and narrative limits or bans on substances and activities that affect water quality; and anti-degradation policy requires that existing high-quality waters be protected.
The NPDES, or National Pollutant Discharge Elimination System, is similar to section 401 of the Clean Water Act but more focused. The NPDES permit is required of any entity that will be discharging pollutants through a point source into any waters of the United States. A point source is any means of discharge that flows directly into a water body. These permits are tailored specifically to the entity that will be discharging the pollutant. They include limits on what can be discharged, monitoring and reporting requirements, and other provisions designed to protect the quality of the water and citizens’ health. The controls of the system are also used to limit the pollutants being washed into water bodies through storm water runoff.
NPDES permits, like section 401 permits, are usually given out by the State unless the State has not been approved. In that case, the EPA is responsible for authorization of NPDES permits. The permit will require that the facility continue to sample its discharges and keep both the EPA and the State regulatory agency informed of its results. In addition, the EPA and State regulatory agency send out inspectors to sample discharge themselves. 7Q10 does monitoring of existing permits as well as the original permit applications.
7Q10 has been involved in preparing many permit applications that have led to approval. The company’s familiarity with all aspects of the permitting process allows for the developers to get all their required permits with minimized cost and frustration.