Mo. Code Regs. tit. 10 § 20-6.060
Current through Register Vol. 49, No. 9, May 1, 2024
Section 10 CSR 20-6.060 - Water Quality CertificationPURPOSE: Section 401 of Public Law 92-500 requires that any applicant for a federal license or permit to conduct any activity which may result in any discharge into the navigable waters shall provide the federal licensing or permitting agency a water quality certification from the state. This certification will contain such conditions that ensure the proposed activity will comply with the state water quality standards and other applicable standards as required by federal law. This rule establishes the procedure and time limitations the Department of Natural Resources will follow in issuing certifications.
(1) Definitions. Definitions as set forth in the Missouri Clean Water Law and 10 CSR 20-2.010 shall apply to those terms when used in this rule, unless the context clearly requires otherwise.(2) Requests for water quality certifications should be sent by the applicant directly to the Department of Natural Resources (DNR), Water Pollution Control Program, P.O. Box 176, Jefferson City, MO 65102. The request to the DNR should include a letter requesting the state's water quality certification for the proposed project and one (1) copy of the federal application (ENG Form 4345, FEB 94, or the latest revision) with drawings. (The federal agency requires one (1) copy of the federal application (ENG Form 4345, AUG 89) with appropriate drawings and one (1) copy of the letter to the DNR requesting certification.) If the applicant believes a project will be authorized by a general or nationwide 404 permit for which the Corps of Engineers (COE) has accepted DNR's certification, the applicant need not send an application to DNR.(3) In order to minimize delay in construction for individually permitted projects, the federal agency issues a DNR/federal public notice on the permit application. This notice provides the public an opportunity to provide their written comments regarding the proposed permit. A reasonable comment period, normally thirty (30) days, but not fewer than fifteen (15) days, is provided. The public notice will express DNR's intent to certify the proposed project after completion of the public notice period and resolution of any adverse water quality comments received. In the event the DNR receives a request for certification that should not be issued, the DNR will advise the federal agency within ten (10) working days that the joint public notice should not be issued. Individual public notices are not used for projects authorized by general or nationwide permits. When the Corps has not requested certification for a project that would be authorized by an individual permit, and the certification deadline approaches, a contingent certification action will be issued that approves the project as it appeared in the public notice. This certification is the final certification action on the project as long as nothing in the project changes from what was included in the public notice.(4) After the completion of the joint public notice period, comments received by the federal agency will be forwarded for review and consideration by the DNR. Consideration shall be given to both direct and indirect water quality effects before issuing or denying water quality certification. Direct effect comments pertain to a water quality problem that would result from the actual work on the proposed project such as increased turbidity, improper disposal of dredge and fill material and siltation. Indirect effects include long or short range effects that are likely to occur as a result of the proposed construction but are not anticipated to cause water quality problems or pollution at the time of initial construction activity. (A) If no objections to the proposed project are received during the public notice period and the DNR determines that no adverse water quality problems are reasonably anticipated, the DNR will issue a certification with provisions that if adverse water quality problems develop during construction the certification may be suspended pending resolution of the problem(s).(B) If objections to the proposed project are raised during the public notice period, the federal agency and the DNR will attempt to resolve the objections. If sufficient public interest is expressed, a public hearing will be held. 1. If the comments are resolved during negotiations or during public hearings conducted by the federal agency, the DNR will proceed to issue its certification.2. If the comments are not resolved during negotiations sessions or during public hearings conducted by the federal agency, the DNR shall review the comments and proceed as follows: A. If the comments are determined to be valid comments, the DNR shall either deny certification or issue a certification that is conditioned upon the applicant meeting certain requirements or performing certain actions to prevent or minimize water quality problems; orB. If the comments are determined to be invalid or not having substantial effects upon water quality, the DNR shall issue its certification.(5) Applications for water quality certifications have a sixty (60)-day period in which they must be issued or denied. This period starts when an application is received by the department. Applications for water quality certification for activities requiring individually certified nationwide permits have a thirty (30)-day but no more than sixty (60)-day period in which they must be issued or denied. Either of these periods may be extended by mutual agreement of the applicant and the department. Submission of an incomplete application may result in the denial of water quality certification without prejudice. A complete application consists of the sufficient application submitted to the COE, topographical maps, location maps, engineering plans, project diagrams, and where applicable, mitigation plans. If a water quality certification action has not been taken within sixty (60) days of the date that the application has been received by the department, and the department and applicant have not agreed to extend the certification period, water quality certification will be deemed to have been waived for the activity contained in the application.(6) Water quality certifications that are issued for general permits and are accepted by the COE become effective upon issuance. Water quality certifications that are issued for individual certifications and for certifications for general permits that have not been accepted by the COE shall become effective upon signature and returned with applicable fees.(7) The issuance, conditional issuance or denial of certification under subparagraph (4)(B)2.A. or B. of this rule may be appealed to the Missouri Clean Water Commission through procedures outlined in the Revised Statutes of Missouri, Chapter 644. The appeal shall be a contested case and notice of the appeal shall be filed with the commission within thirty (30) days of service of notice to the applicant of denial or grant of the requested certification as specified in 10 CSR 20-6.020(5).(8) Effective Date. This rule becomes effective immediately upon adoption and compliance with the requirements of subsection 644.036.3 of the Missouri Clean Water Law. AUTHORITY: section 644.026, RSMo 2000.* Original rule filed Feb. 10, 1978, effective 7/13/1978. Amended: Filed May 11 , 1984, effective 10/15/1984. Amended: Filed Nov. 9, 2000, effective 7/30/2001. *Original authority: 644.026, RSMo 1972, amended 1973, 1987, 1993, 1995, 2000.