Clean Water Act, Section 401
Certification
(a) Compliance with applicable requirements; application; procedures;
license suspension
(1) 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, or, if appropriate, from
the interstate water pollution control agency having jurisdiction over the navigable waters
at the point where the discharge originates or will originate, that any such discharge will
comply with the applicable provisions of sections 301, 302, 303, 306, and 307 of this title.
In the case of any such activity for which there is not an applicable effluent limitation or
other limitation under sections 301(b) and 302 of this title, and there is not an applicable
standard under sections 306 and 307 of this title, the State shall so certify, except that
any such certification shall not be deemed to satisfy section 511(c) of this title. Such
State or interstate agency shall establish procedures for public notice in the case of all
applications for certification by it and, to the extent it deems appropriate, procedures for
public hearings in connection with specific applications. In any case where a State or
interstate agency has no authority to give such a certification, such certification shall be
from the Administrator. If the State, interstate agency, or Administrator, as the case may
be, fails or refuses to act on a request for certification, within a reasonable period of time
(which shall not exceed one year) after receipt of such request, the certification
requirements of this subsection shall be waived with respect to such Federal application.
No license or permit shall be granted until the certification required by this section has
been obtained or has been waived as provided in the preceding sent