Clean Water Act - Sections 401 & 402

Section 401 of the CWA requires all applicants for a federal license or permit to conduct any activity that may result in a discharge to navigable waters, controlled by the United States Army Corps of Engineers (USACE), must acquire a Section 401 certification. The certification declares that the discharge will comply with applicable provisions of the Act, including water quality standard requirements.

Section 401 certification is generally applied to hydroelectric projects seeking a license from the Federal Energy Regulatory Commission (FERC) and for dredge-and-fill activities in wetlands and other waters that require permits from the USACE under Section 404 of the CWA and Sections 9 and 10 of the Rivers and Harbors Act. It also is applied to permit requirements for industrial and municipal point source discharges under Section 402 of the CWA. In addition, it has the potential to be applied to a range of other activities that could affect water quality standards.

For definitions of water quality standards, click here.

Section 402 implements the National Pollutant Discharge Elimination System (NPDES). Under this system a permit is required for all discharges of pollutants from a point source into Jurisdictional waters of the United States.

aci consulting provides 401certification, prepares Notifications of Intent and Notifications of Termination under NPDES for clients.