Utah Admin. Code R317-15-3 - Applicability
3.1. Rule R317-15 applies to any applicant
for a federal permit or license that is subject to the requirements of Section
401. Federal permits and licenses most frequently subject to Certification in
Utah include the following:
A. permits from
the United States Army Corps of Engineers (USACE) pursuant to Section 404 of
the federal Clean Water Act,
33 U.S.C. Sections
1251 through
1387;
and
B. licenses from the Federal
Energy Regulatory Commission under the Federal Powers Act, 16 U.S.C. Section
1791, et seq.
This is not a complete list of federal permits or licenses requiring Certification.
3.2. Certification is required for activities
under Section 404 of the federal Clean Water Act,
33 U.S.C. Section
1344. Sections 404 requires approval for the
discharge of dredged or fill materials into water of the United States.
However, there are certain activities that are ordinarily exempt from Section
404 requirements, and which will not therefore require Certification under this
Rule R317-15. Those activities include the discharge of dredge or fill
material: from normal farming and ranching activities; from the construction or
maintenance of farm or stock ponds or irrigation ditches; from the maintenance
of drainage ditches; and from the construction or maintenance of farm roads.
See Section 404(f),
33 U.S.C. Section
1344(f) for a complete list
of exempt activities.
3.3. A
Certification will ordinarily include conditions necessary to comply with the
requirements of the Utah Water Quality Act, Title 19, Chapter 5, and rules made
under that Act. However, nothing in this rule or a Certification exempts a
person from compliance with the Act, or rules made under that
Act.
Notes
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