This chapter governs the issuance of state certifications within the jurisdiction of the Texas Natural Resource Conservation Commission as authorized by 33 United States Code §1341, the Federal Water Pollution Control Act Amendments of 1972, and the Federal Clean Water Act, §401. The Federal Clean Water Act, §401(a)(1), requires 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 navigable waters of the United States, shall obtain from the state in which the discharge originates or will originate a certification that the discharge will comply with applicable provisions of 33 United States Code §§1311, 1312, 1313, 1316, and 1317 (the Federal Clean Water Act, §§208(e), 301, 302, 303, 306, and 307). The Federal Clean Water Act, §401(a)(1), further provides that the state shall establish procedures for public notice in the case of all applications for certification and, to the extent it deems appropriate, procedures for public hearings in connection with specific applications.

Source Note:The provision of this §279.1 adopted to be effective July 22, 1987, 12 TexReg 2187; amended to be effective July 13, 1995, 20 TexReg 4693.