1. (2) Notice of the application shall be sent by the applicant to the state board executive director whenever the proposed activities may involve a FERC-licensed facility.

   1. (A) may fall under the jurisdiction of more than one regional board, or

   2. (B) is involved or associated with one or more of the following:

      1. 1. an appropriation of water, subject to Part 2 (commencing with Section 1200) of Division 2 of the Water Code;
      2. 2. a hydroelectric facility, and the proposed activity requires a FERC license or amendment to a FERC license; or

      3. 3. any other diversion of water for domestic, irrigation, power, municipal, industrial, or other beneficial use.

         (2)(A) For an application subject to Subsection (b)(1)(A) of this Section, copies of the application shall be provided by the applicant to the executive officers of those regional board regions that may be affected by a proposed activity. Those executive officers shall transmit to the executive director, before the federal period for certification expires, any appropriate recommendations and conditions necessary to ensure that the proposed activities will comply with water quality standards and other appropriate requirements within their regions.

   3. (B) For applications subject to Subsection (b)(1)(B) of this Section, the executive director shall forward to the executive officer of the appropriate regional board copies of any portions of the application that may be relevant to adverse water quality impacts, other than specific impacts resulting from alteration/modification to instream flows, from the proposed activity. The executive officer shall review for water quality concerns the relevant portions of the application and transmit back to the executive director any appropriate recommendations and conditions necessary to ensure that the activity will comply with water quality standards and other appropriate requirements.

   (b)(1) An application for water quality certification shall be filed with the state board executive director, and notification of the application provided by the applicant to each regional board executive officer in whose region a discharge may occur, whenever a potential discharge from a proposed activity:

(a)(1) An application for water quality certification shall be filed with the regional board executive officer in whose region a discharge may occur except as provided in Subsection (b) of this Section.

Note: Authority cited: Section 1058, Water Code. Reference: 33 USC Section 1341; and Sections 1059 and 13160, Water Code.

History

1. Amendment of section and Note filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).